Bill Text: PA SB903 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for possession of firearm or other dangerous weapon in court facility, for arson and related offenses and for sentences for second and subsequent offenses; and providing for sentencing for arson offenses.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-10-02 - Referred to JUDICIARY [SB903 Detail]

Download: Pennsylvania-2011-SB903-Amended.html

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PRIOR PRINTER'S NOS. 918, 1832 PRINTER'S NO. 2385
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 903 Session of2011
INTRODUCED BY RAFFERTY, PILEGGI, DINNIMAN, FOLMER, FONTANA, WAUGH, SOLOBAY, BREWSTER, MENSCH, BRUBAKER AND FARNESE, MARCH 25, 2011
SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 24, 2012
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, further providing for possession of firearm or
other dangerous weapon in court facility, for arson and
related offenses and for sentences for second and subsequent
offenses; and providing for sentencing for arson offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 913(f) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 913. Possession of firearm or other dangerous weapon in court
facility.
* * *
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Court facility." The courtroom of a court of record; a
courtroom of a community court; the courtroom of a magisterial
district judge; a courtroom of the Philadelphia Municipal Court;
a courtroom of the Pittsburgh Magistrates Court; a courtroom of
the Traffic Court of Philadelphia; judge's chambers; witness
rooms; jury deliberation rooms; attorney conference rooms;
prisoner holding cells; offices of court clerks, the district
attorney, the sheriff and probation and parole officers; and any
adjoining corridors.
"Dangerous weapon." A bomb, any explosive or incendiary
device or material when possessed with intent to use or to
provide such device or material to commit any offense described
in Chapter 33 (relating to arson, criminal mischief and other
property destruction), grenade, blackjack, sandbag, metal
knuckles, dagger, knife (the blade of which is exposed in an
automatic way by switch, push-button, spring mechanism or
otherwise) or other implement for the infliction of serious
bodily injury which serves no common lawful purpose.
"Firearm." Any weapon, including a starter gun, which will
or is designed to expel a projectile or projectiles by the
action of an explosion, expansion of gas or escape of gas. The
term does not include any device designed or used exclusively
for the firing of stud cartridges, explosive rivets or similar
industrial ammunition.
Section 2. Section 3301(b) and (f) of Title 18 are amended
and the section is amended by adding a subsection to read:
§ 3301. Arson and related offenses.
* * *
(a.1) Aggravated arson.--
(1) A person commits a felony of the first degree if he
intentionally starts a fire or causes an explosion, or if he
aids, counsels, pays or agrees to pay another to cause a fire
or explosion, whether on his own property or on that of
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another, and if:
(i) he attempts to cause, or intentionally,
knowingly or recklessly causes bodily injury to another
person, including, but not limited to, a firefighter,
police officer or other person actively engaged in
fighting the fire; or
(ii) he commits the offense when a person is present
inside the property at the time of the offense.
(2) A person who commits aggravated arson is guilty of
murder of the second degree if the fire or explosion causes
the death of any person, including but not limited to a
firefighter, police officer or other person actively engaged
in fighting the fire, and is guilty of murder of the first
degree if the fire or explosion causes the death of any
person and was set with the purpose of causing the death of
another person.
(b) Sentence.--[A person convicted of violating the]
(1) A person convicted of violating the provisions of
subsection (a)(2), murder of the first degree, shall be
sentenced to death or life imprisonment without right to
parole; a person convicted of murder of the second degree,
pursuant to subsection (a)(2), shall be sentenced to life
imprisonment without right to parole. Notwithstanding
provisions to the contrary, no language herein shall infringe
upon the inherent powers of the Governor to commute said
sentence.
(2) A person convicted under subsection (a) or (a.1) may
be sentenced to a term of imprisonment which shall be fixed
by the court at not more than 40 years if:
(i) bodily injury results to a firefighter, police
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officer or other person actively engaged in fighting the
fire; or
(ii) serious bodily injury results to a civilian.
* * *
(f) Possession of explosive or incendiary materials or
devices.--A person commits a felony of the third degree if he
possesses, manufactures or transports any incendiary or
explosive device or material with the intent to use or to
provide such device or material to commit any offense described
in [subsection (a), (c) or (d)] this chapter.
* * *
Section 3. Section 9714(g) of Title 42, amended July 7, 2011 <--
(P.L.220, No.40) 5, 2012 (P.L.1050, No.122), is amended to read: <--
§ 9714. Sentences for second and subsequent offenses.
* * *
(g) Definition.--As used in this section, the term "crime of <--
violence" means murder of the third degree, voluntary
manslaughter, aggravated assault as defined in 18 Pa.C.S. §
2702(a)(1) or (2) (relating to aggravated assault), rape,
involuntary deviate sexual intercourse, aggravated indecent
assault, incest, sexual assault, arson endangering persons or
aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1)
(relating to arson and related offenses), kidnapping, burglary
of a structure adapted for overnight accommodation in which at
the time of the offense any person is present, robbery as
defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating
to robbery), or robbery of a motor vehicle, drug delivery
resulting in death as defined in 18 Pa.C.S. § 2506(a) (relating
to drug delivery resulting in death), or criminal attempt,
criminal conspiracy or criminal solicitation to commit murder or
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any of the offenses listed above, or an equivalent crime under
the laws of this Commonwealth in effect at the time of the
commission of that offense or an equivalent crime in another
jurisdiction.
(g) Definition.--As used in this section, the term "crime of <--
violence" means murder of the third degree, voluntary
manslaughter, manslaughter of a law enforcement officer as
defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal
homicide of law enforcement officer), murder of the third degree
involving an unborn child as defined in 18 Pa.C.S. § 2604(c)
(relating to murder of unborn child), aggravated assault of an
unborn child as defined in 18 Pa.C.S. § 2606 (relating to
aggravated assault of unborn child), aggravated assault as
defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
aggravated assault), assault of law enforcement officer as
defined in 18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer), use of weapons of mass destruction as
defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass
destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
(relating to terrorism), trafficking of persons when the offense
is graded as a felony of the first degree as provided in 18
Pa.C.S. § 3002 (relating to trafficking of persons), rape,
involuntary deviate sexual intercourse, aggravated indecent
assault, incest, sexual assault, arson endangering persons or
aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1)
(relating to arson and related offenses), ecoterrorism as
defined in 18 Pa.C.S. § 3311(b)(2) (relating to ecoterrorism),
kidnapping, burglary as defined in 18 Pa.C.S. § 3502(a)(1)
(relating to burglary), robbery as defined in 18 Pa.C.S. §
3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery
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of a motor vehicle, drug delivery resulting in death as defined
in 18 Pa.C.S. § 2506(a) (relating to drug delivery resulting in
death), or criminal attempt, criminal conspiracy or criminal
solicitation to commit murder or any of the offenses listed
above, or an equivalent crime under the laws of this
Commonwealth in effect at the time of the commission of that
offense or an equivalent crime in another jurisdiction.
Section 4. Title 42 is amended by adding a section to read:
§ 9720.3 9720.4. Sentencing for arson offenses. <--
(a) Sentencing enhancement.--The Pennsylvania Commission on <--
Sentencing shall provide for a sentence enhancement for arson
offenses if any of the following factors are present:
(1) bodily injury results to a firefighter, police
officer or other person actively engaged in fighting the
fire;
(2) serious bodily injury results to a civilian;
(3) more than three people were present inside the
property at the time of the offense; or
(4) the fire caused more than $1,000,000 in property
damage.
(b) Proof at sentencing.--The 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.
Section 5. This act shall take effect in 60 days.
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