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House Bill 80 PDF

This document is a bill that amends criminal trespassing and firearms laws in Pennsylvania. It expands the definition of criminal trespass to include unlawfully taking secondary metal, defines secondary metal theft as a new crime, and increases penalties for repeat offenders. It also requires state police to disclose records relevant to federal firearm restrictions and allows individuals to seek legal relief and damages if local laws prohibit firearms in a manner inconsistent with state law.
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0% found this document useful (0 votes)
58 views7 pages

House Bill 80 PDF

This document is a bill that amends criminal trespassing and firearms laws in Pennsylvania. It expands the definition of criminal trespass to include unlawfully taking secondary metal, defines secondary metal theft as a new crime, and increases penalties for repeat offenders. It also requires state police to disclose records relevant to federal firearm restrictions and allows individuals to seek legal relief and damages if local laws prohibit firearms in a manner inconsistent with state law.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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SENATE AMENDED

PRIOR PRINTER'S NOS. 68, 2066, 3831,


4248

PRINTER'S NO.

4318

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL
No. 80

Session of
2013

INTRODUCED BY METCALFE, CLYMER, D. COSTA, COX, GILLEN, GROVE,


C. HARRIS, HESS, KAUFFMAN, KORTZ, LONGIETTI, MILLARD,
O'NEILL, PASHINSKI, PETRI, READSHAW, ROCK, SAYLOR, SWANGER,
TOEPEL, WATSON, FREEMAN, R. MILLER, MULLERY, GABLER, FARRY,
EVANKOVICH, TOOHIL, MARSHALL AND CALTAGIRONE,
JANUARY 10, 2013
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 15, 2014
AN ACT
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Amending Title 18 (Crimes and Offenses) of the Pennsylvania


Consolidated Statutes, IN BURGLARY AND OTHER CRIMINAL
INTRUSION, FURTHER PROVIDING FOR THE OFFENSE OF CRIMINAL
TRESPASS; defining the offense of theft of secondary metal;
and prescribing penalties; AND, IN FIREARMS AND OTHER
DANGEROUS ARTICLES, FURTHER PROVIDING FOR PENNSYLVANIA STATE
POLICE AND FOR LIMITATION ON THE REGULATION OF FIREARMS AND
AMMUNITION.

<--

The General Assembly of the Commonwealth of Pennsylvania


hereby enacts as follows:
Section 1.

Title 18 of the Pennsylvania Consolidated

<--

Statutes is amended by adding a section to read:


SECTION 1.

SECTION 3503(B.1) OF TITLE 18 OF THE PENNSYLVANIA <--

CONSOLIDATED STATUTES IS AMENDED TO READ:


SECTION 1.

SECTION 3503(B.1) AND (D) OF TITLE 18 OF THE

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PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:

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3503.

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<-<--

* * *

CRIMINAL TRESPASS.

<--

(B.1)

SIMPLE TRESPASSER.--

(1)

A PERSON COMMITS AN OFFENSE IF, KNOWING THAT HE IS

NOT LICENSED OR PRIVILEGED TO DO SO, HE ENTERS OR REMAINS IN

ANY PLACE FOR THE PURPOSE OF:

(I)

THREATENING OR TERRORIZING THE OWNER OR OCCUPANT

OF THE PREMISES;

(II)

STARTING OR CAUSING TO BE STARTED ANY FIRE UPON

THE PREMISES; [OR]

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(III)

DEFACING OR DAMAGING THE PREMISES[.]; OR

(IV)

UNLAWFULLY TAKING SECONDARY METAL FROM THE

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PREMISES.

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(2)

AN OFFENSE UNDER [THIS SUBSECTION] PARAGRAPH (1)(IV)

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CONSTITUTES A FIRST DEGREE MISDEMEANOR. AN OFFENSE UNDER

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PARAGRAPH (1)(I), (II) OR (III) CONSTITUTES A SUMMARY

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OFFENSE.

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* * *

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(D)

[DEFINITION.--AS USED IN THIS SECTION, THE TERM "SCHOOL

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GROUNDS" MEANS ANY] DEFINITIONS.--AS USED IN THIS SECTION, THE

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FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO

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THEM IN THIS SUBSECTION:

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"SCHOOL GROUNDS."

ANY BUILDING OF OR GROUNDS OF ANY

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ELEMENTARY OR SECONDARY PUBLICLY FUNDED EDUCATIONAL INSTITUTION,

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ANY ELEMENTARY OR SECONDARY PRIVATE SCHOOL LICENSED BY THE

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DEPARTMENT OF EDUCATION, ANY ELEMENTARY OR SECONDARY PAROCHIAL

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SCHOOL, ANY CERTIFIED DAY-CARE CENTER OR ANY LICENSED PRESCHOOL

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PROGRAM.

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"SECONDARY METAL."

AS DEFINED IN SECTION 3935 (RELATING TO

THEFT OF SECONDARY METAL).


SECTION 2.
3935.

TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:

Theft of secondary metal.

20130HB0080PN4318

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<--

(a)

Offense defined.--A person commits the offense of theft

of secondary metal if the person unlawfully takes or attempts to

take possession of, carries away or exercises unlawful control

over any secondary metal with intent to deprive the rightful

owner thereof.

(b)

Grading.--Except as set forth in subsection (c):


(1)

An offense under this section constitutes a

misdemeanor of the third degree when the value of the

secondary metal unlawfully obtained is less than $50.

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(2)

When the value of the secondary metal unlawfully

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obtained is $50 or more but less than $200 the offense

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constitutes a misdemeanor of the second degree.

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(3)

When the value of the secondary metal unlawfully

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obtained is $200 or more but less than $1,000 the offense

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constitutes a misdemeanor of the first degree.

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(4)

When the value of the secondary metal unlawfully

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obtained is $1,000 or more, the offense constitutes a felony

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of the third degree.

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(c)

Third or subsequent offenses.--An offense under this

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section constitutes a felony of the third degree when the

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offense is a third or subsequent offense, regardless of the

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value of the secondary metal. For purposes of this subsection, a

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first and second offense includes a conviction, acceptance of

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Accelerated Rehabilitative Disposition or other form of

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preliminary disposition before the sentencing on the present

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violation for an offense under this section or an offense under

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section 3921 (relating to theft by unlawful taking or

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disposition).

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(d)

Definition.--As used in this section, the term

"secondary metal" means wire, pipe or cable commonly used by

20130HB0080PN4318

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communications, gas and electrical utilities and railroads and

mass transit or commuter rail agencies, copper, aluminum or

other metal, or a combination of metals, that is valuable for

recycling or reuse as raw material.

SECTION 3.

SECTION 6111.1(F)(3) AND (G)(1) AND (3) OF TITLE

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6111.1.

* * *

(F)

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PENNSYLVANIA STATE POLICE.

NOTIFICATION OF MENTAL HEALTH ADJUDICATION, TREATMENT,

COMMITMENT, DRUG USE OR ADDICTION.--

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* * *

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(3)

NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE

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PENNSYLVANIA STATE POLICE [MAY] SHALL, WITHIN 72 HOURS OF

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RECEIPT, DISCLOSE, ELECTRONICALLY OR OTHERWISE, TO THE UNITED

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STATES ATTORNEY GENERAL OR A DESIGNEE, ANY RECORD RELEVANT TO

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A DETERMINATION OF WHETHER A PERSON IS DISQUALIFIED FROM

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POSSESSING OR RECEIVING A FIREARM UNDER 18 U.S.C. 922 (G)

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(3) OR (4) OR AN APPLICABLE STATE STATUTE[.], AND ANY RECORD

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RELEVANT TO A DETERMINATION OF WHETHER A PERSON IS NOT

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DISQUALIFIED OR IS NO LONGER DISQUALIFIED FROM POSSESSING OR

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RECEIVING A FIREARM UNDER 18 U.S.C. 922(G)(3) OR (4) OR AN

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APPLICABLE STATE STATUTE.

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(G)

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REVIEW BY COURT.-(1)

UPON RECEIPT OF A COPY OF THE ORDER OF A COURT OF

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COMPETENT JURISDICTION WHICH VACATES A FINAL ORDER OR AN

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INVOLUNTARY CERTIFICATION ISSUED BY A MENTAL HEALTH REVIEW

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OFFICER, THE PENNSYLVANIA STATE POLICE SHALL, AFTER

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DISCLOSING RELEVANT RECORDS UNDER SUBSECTION (F)(3), EXPUNGE

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ALL RECORDS OF THE INVOLUNTARY TREATMENT RECEIVED UNDER

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SUBSECTION (F).

20130HB0080PN4318

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<--

* * *

(3)

THE PENNSYLVANIA STATE POLICE, AFTER DISCLOSING

RELEVANT RECORDS UNDER SUBSECTION (F)(3), SHALL EXPUNGE ALL

RECORDS OF AN INVOLUNTARY COMMITMENT OF AN INDIVIDUAL WHO IS

DISCHARGED FROM A MENTAL HEALTH FACILITY BASED UPON THE

INITIAL REVIEW BY THE PHYSICIAN OCCURRING WITHIN TWO HOURS OF

ARRIVAL UNDER SECTION 302(B) OF THE MENTAL HEALTH PROCEDURES

ACT AND THE PHYSICIAN'S DETERMINATION THAT NO SEVERE MENTAL

DISABILITY EXISTED PURSUANT TO SECTION 302(B) OF THE MENTAL

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HEALTH PROCEDURES ACT. THE PHYSICIAN SHALL PROVIDE SIGNED

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CONFIRMATION OF THE DETERMINATION OF THE LACK OF SEVERE

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MENTAL DISABILITY FOLLOWING THE INITIAL EXAMINATION UNDER

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SECTION 302(B) OF THE MENTAL HEALTH PROCEDURES ACT TO THE

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PENNSYLVANIA STATE POLICE.

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* * *

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SECTION 4.

SECTION 6120(B) OF TITLE 18 IS AMENDED AND THE

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SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:

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6120.

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LIMITATION ON THE REGULATION OF FIREARMS AND


AMMUNITION.

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* * *

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(A.2)

RELIEF.--A PERSON ADVERSELY AFFECTED BY AN ORDINANCE,

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A RESOLUTION, REGULATION, RULE, PRACTICE OR ANY OTHER ACTION

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PROMULGATED OR ENFORCED BY A COUNTY, MUNICIPALITY OR TOWNSHIP

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PROHIBITED UNDER SUBSECTION (A) OR 53 PA.C.S. 2962(G)

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(RELATING TO LIMITATION ON MUNICIPAL POWERS) MAY SEEK

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DECLARATORY OR INJUNCTIVE RELIEF AND ACTUAL DAMAGES IN AN

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APPROPRIATE COURT.

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(A.3)

REASONABLE EXPENSES.--A COURT SHALL AWARD REASONABLE

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EXPENSES TO A PERSON ADVERSELY AFFECTED IN AN ACTION UNDER

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SUBSECTION (A.2) FOR ANY OF THE FOLLOWING:

20130HB0080PN4318

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(1)

A FINAL DETERMINATION BY THE COURT IS GRANTED IN

FAVOR OF THE PERSON ADVERSELY AFFECTED.

(2)

THE REGULATION IN QUESTION IS RESCINDED, REPEALED OR

OTHERWISE ABROGATED AFTER SUIT HAS BEEN FILED UNDER

SUBSECTION (A.2) BUT BEFORE THE FINAL DETERMINATION BY THE

COURT.

(B)

DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION:

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"DEALER."

THE TERM SHALL INCLUDE ANY PERSON ENGAGED IN THE

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BUSINESS OF SELLING AT WHOLESALE OR RETAIL A FIREARM OR

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AMMUNITION.

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"FIREARMS."

THIS TERM SHALL HAVE THE MEANING GIVEN TO IT IN

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SECTION 5515 (RELATING TO PROHIBITING OF PARAMILITARY TRAINING)

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BUT SHALL NOT INCLUDE AIR RIFLES AS THAT TERM IS DEFINED IN

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SECTION 6304 (RELATING TO SALE AND USE OF AIR RIFLES).

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"PERSON ADVERSELY AFFECTED."


(1)

ANY OF THE FOLLOWING:

A RESIDENT OF THIS COMMONWEALTH WHO MAY LEGALLY

POSSESS A FIREARM UNDER FEDERAL AND STATE LAW.


(2)

A PERSON WHO OTHERWISE HAS STANDING UNDER THE LAWS

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OF THIS COMMONWEALTH TO BRING AN ACTION UNDER SUBSECTION

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(A.2).

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(3)

A MEMBERSHIP ORGANIZATION, IN WHICH A MEMBER IS A

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PERSON DESCRIBED UNDER PARAGRAPH (1) OR (2).

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"POLITICAL SUBDIVISION."

THE TERM SHALL INCLUDE ANY HOME

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RULE CHARTER MUNICIPALITY, COUNTY, CITY, BOROUGH, INCORPORATED

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TOWN, TOWNSHIP OR SCHOOL DISTRICT.

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"REASONABLE EXPENSES."

THE TERM INCLUDES, BUT IS NOT LIMITED

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TO, ATTORNEY FEES, EXPERT WITNESS FEES, COURT COSTS AND

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COMPENSATION FOR LOSS OF INCOME.

20130HB0080PN4318

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Section 2 3 5.

20130HB0080PN4318

This act shall take effect in 60 days.

- 7 -

<--

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