Bill Text: PA HB650 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for arson and related offenses; and providing for sentences for arson of a historic resource.

Spectrum: Moderate Partisan Bill (Republican 22-4)

Status: (Introduced - Dead) 2011-02-14 - Referred to JUDICIARY [HB650 Detail]

Download: Pennsylvania-2011-HB650-Introduced.html

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PRINTER'S NO. 650
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 650 Session of2011
INTRODUCED BY CLYMER, BAKER, BROOKS, CALTAGIRONE, CREIGHTON, DENLINGER, FLECK, GEIST, GIBBONS, GILLEN, HESS, M.K. KELLER, MAJOR, MANN, MILNE, MURT, PAYNE, PEIFER, RAPP, READSHAW, ROCK, SCAVELLO, STERN, STEVENSON, VULAKOVICH AND WATSON, FEBRUARY 14, 2011
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 14, 2011
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, further providing for arson and related offenses;
and providing for sentences for arson of a historic resource.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3301(h) and (j) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
§ 3301. Arson and related offenses.
* * *
(a.1) Arson of historic resource.--A person commits a felony
of the second degree if the person, with the intent of
destroying or damaging a historic resource of another, does any
of the following:
(1) Intentionally starts a fire or causes an explosion,
whether on the person's own property or that of another.
(2) Aids, counsels, pays or agrees to pay another to
cause a fire or explosion.
* * *
(h) Limitations on liability.--The provisions of subsections
(a), (a.1), (b), (c), (d), (d.1) and (e) shall not be construed
to establish criminal liability upon any volunteer or paid
firefighter or volunteer or paid firefighting company or
association if said company or association endangers a
participating firefighter or real or personal property in the
course of an approved, controlled fire training program or fire
evolution, provided that said company or association has
complied with the following:
(1) a sworn statement from the owner of any real or
personal property involved in such program or evolution that
there is no fire insurance policy or no lien or encumbrance
exists which applies to such real or personal property;
(2) approval or permits from the appropriate local
government or State officials, if necessary, to conduct such
program or exercise have been received;
(3) precautions have been taken so that the program or
evolution does not affect any other persons or real or
personal property; and
(4) participation of firefighters in the program or
exercise if voluntary.
* * *
(j) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Historic resource." A building or structure, including a
covered bridge, which meets any of the following:
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(1) Has been in existence for more than 100 years,
including partial or complete reconstructions of a building
or structure originally erected at least 100 years ago.
(2) Has been listed on the National Register of Historic
Places or the Pennsylvania Register of Historic Places.
"Occupied structure." Any structure, vehicle or place
adapted for overnight accommodation of persons or for carrying
on business therein, whether or not a person is actually
present. If a building or structure is divided into separately
occupied units, any unit not occupied by the actor is an
occupied structure of another.
"Property of another." A building or other property, whether
real or personal, in which a person other than the actor has an
interest which the actor has no authority to defeat or impair,
even though the actor may also have an interest in the building
or property.
Section 2. Title 42 is amended by adding a section to read:
§ 9720.3. Sentences for arson of a historic resource.
(a) Mandatory sentence.--Any person who commits a violation
of 18 Pa.C.S. § 3301(a.1) (relating to arson and related
offenses) shall be sentenced to a minimum sentence of at least
one year of total confinement.
(b) Proof at sentencing.--Provisions of this section shall
not be an element of the crime, and notice of the provisions of
this section to the defendant shall not be required prior to
conviction, but reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided after
conviction and before sentencing. The applicability of this
section shall be determined at sentencing. The court shall
consider any evidence presented at trial and shall afford the
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Commonwealth and the defendant an opportunity to present any
necessary additional evidence and shall determine, by a
preponderance of the evidence, if this section is applicable.
(c) Authority of court in sentencing.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (a) or to place the offender on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentences provided under this section.
(d) Appeal by Commonwealth.--If a sentencing court refuses
to apply this section where applicable, the Commonwealth shall
have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence
and remand the case to the sentencing court for imposition of a
sentence in accordance with this section if it finds that the
sentence was imposed in violation of this section.
Section 3. This act shall take effect in 60 days.
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