SB 1321 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in offenses against existence or stability of government, providing for the offense of desecration of public monument; and making an editorial change.

Bill Text

• Printer's No. 1963 View text Current pdf

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This bill introduces the offense of desecration of public monuments to Pennsylvania law, establishing penalties and enforcement mechanisms.

• Title 18

  § 2104. Desecration of public monument. (a) Offense defined.--A person is guilty of the offense of desecration of a public monument if the person: (1) willfully destroys, mutilates, defaces, injures or removes a public monument; or (2) willfully destroys, mutilates, defaces, injures or removes a fence, railing, enclosure or other work for the protection of a public monument. (b) Grading of offense.--Desecration of a public monument constitutes a: (1) Misdemeanor of the first degree when the damage to the property is at least $200 but less than $2,000. (2) Felony of the third degree when the damage to the property is more than $2,000 but less than $100,000. (3) Felony of the second degree when the damage to the property is at least $100,000 but less than $500,000. (4) Felony of the first degree when the damage to the property is $500,000 or more. (c) Restitution.--A person convicted of violating this section shall, in addition to any other fines or court fees imposed, be sentenced to pay restitution in an amount equal to the cost of the property damage, including the cost of the replacement of the public monument or the fence, railing, enclosure or other work for the protection of the public monument, as applicable. (d) Removal of public monument.--A public monument may not be permanently removed, except as specifically approved by an act of the General Assembly. This subsection applies to monuments erected by the Commonwealth or any municipality if any money of the Commonwealth was used in the construction or errection of the public monument. (e) Jurisdiction to prosecute.--(1) A district attorney shall have jurisdiction to prosecute an alleged violation under subsection (a) when the property on which the public monument is situated is owned by a municipality within the county. (2) The Attorney General of the Commonwealth shall have jurisdiction to prosecute an alleged violation under subsection (a) when the property on which the public monument is located is owned by the Commonwealth. (3) The Attorney General shall have concurrent prosecutorial jurisdiction with the district attorney for a case arising under subsection (a) and may refer to the district attorney, with the district attorney's consent, a violation or alleged violation of subsection (a) which may come to the Attorney General's attention. (4) When a district attorney elects not to prosecute under subsection (a), the Attorney General shall prosecute the case. (f) Withholding of Commonwealth payments.--(1) A municipality may not adopt a policy which prohibits the enforcement of this section. A municipality that prohibits enforcement of this section shall not be entitled to any payment of money from the State Treasury, inclusive of any State grants awarded by a State agency. (2) A district attorney or the Attorney General may submit written notification to the State Treasurer of a municipality that refuses to enforce this section and seek prosecution. A copy of the notification shall be sent to the municipality. (3) After receipt of the notification, the State Treasurer shall withhold payments due to the municipality until a notification under paragraph (5) or a court order mandating payment is received. (4) Each State agency and executive department offering State grants shall require each municipality to verify under penalty of perjury that the municipality is in compliance with this section. (5) A municipality that has State funding withheld under paragraph (1) may be reinstated for eligibility for funding if the municipality agrees to enforce this section and seeks prosecution by the district attorney or Attorney General. Once prosecution has commenced for a violation, the district attorney or Attorney General shall submit written notification to the State Treasurer. After notification, the State Treasurer shall release any payment withheld under paragraph (1). A copy of the notification shall be sent to the municipality. (g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Municipality." Any county, city, borough, incorporated town, township, home rule municipality, optional plan municipality, optional charter municipality or any similar general purpose unit of government created or authorized by statute. "Policy." An ordinance, resolution, regulation, rule, practice or any other action, whether formal or informal, promulgated or enforced by a municipality. "Public monument." A marker, plaque, column, statue, memoiral structure or work of art that commemorates a famous or notable person or event and is erected or placed on property owned, leased or controlled by the Commonwealth or a municipality.

  This change adds a new offense specifically addressing desecration of public monuments, detailing the penalties for such offenses and establishing responsibilities for enforcement and restitution.

Action History

1. September 18, 2020

   PN 1963 Referred to JUDICIARY

Sponsors

• Michele Brooks · Cosponsor
• Judy Ward · Cosponsor
• Doug Mastriano · Primary
• Arnold · Cosponsor
• David G. Argall · Cosponsor
• Gordner · Cosponsor
• Joe Pittman · Cosponsor
• Patrick J. Stefano · Cosponsor
• Regan · Cosponsor

Subjects