SB 652 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in arson, criminal mischief and other property destruction, providing for the offense of critical infrastructure vandalism; and, in burglary and other criminal intrusion, further providing for the offense of criminal trespass.

PRIOR PRINTER'S NO.

752 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1553652 THE2017 GENERALINTRODUCED ASSEMBLYBY OFREGAN, PENNSYLVANIAMARTIN, SENATESCARNATI, BILLRESCHENTHALER, SessionRAFFERTY, YAW, HUTCHINSON AND YUDICHAK, APRIL 25, 2017 REFERRED TO JUDICIARY, APRIL 25, 2017 AN ACT Amending Title 18 (Crimes and Offenses) of No.the Pennsylvania Consolidated Statutes, in burglary and other criminal intrusion, further providing for the offense of criminal trespass.

652 2017 INTRODUCED BY REGAN, MARTIN, SCARNATI, RESCHENTHALER, RAFFERTY, APRIL 25, 2017N, YUDICHAK, STEFANO AND BARTOLOTTA, SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MARCH 19, 2018 AN ACT 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.

Section 3503 of Title 18 of the Pennsylvania <-- Consolidated Statutes is amended by adding a subsection to read:

SECTION 1.

SECTION 3503(D) OF TITLE 18 OF THE PENNSYLVANIA <-- CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

(i) Enters or attempts to enter PROPERTY CONTAINING <-- a critical infrastructure facility, knowing that the person is not licensed or privileged DOES NOT HAVE THE <-- PERMISSION OF THE OWNER OR LAWFUL OCCUPANT OF THE PROPERTY to do so.

(ii) Enters PROPERTY CONTAINING a critical <-- infrastructure facility with the intent to willfully damage, destroy, vandalize, deface, tamper with equipment or impede or inhibit operations of the facility.

(i) entry is made BY AN EMERGENCY SERVICES PROVIDER <-- in response to a condition within the critical infrastructure facility that the person EMERGENCY <-- SERVICES PROVIDER reasonably believes to be a serious threat to public health or safety as necessitating immediate entry to the critical infrastructure facility;

or (B) prevent the destruction of evidence of criminal conduct reasonably believed by the officer 20170SB0652PN1553 - 2 - to be located within the critical infrastructure facility.

(3) An A FIRST offense under this subsection shall be <-- graded as follows:

(i) An EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), AN <-- offense under paragraph (1)(i) constitutes a felony of the second degree and is punishable by imprisonment for a <-- term of not more than one year and a fine of not less than $5,000.

THIRD20170SB0652PN0752 DEGREE.- 2 - (ii) An offense under paragraph (1)(ii), (iii) or (iv) constitutes a felony of the first degree and is punishable by imprisonment for a term of not more than two years and a fine of not less than $10,000.

<--(4) (II)For ANpurposes OFFENSEof UNDERthis PARAGRAPHsubsection, (1)(I)the BYterm AN"critical INDIVIDUALinfrastructure UNDERfacility" 18shall YEARSmean OFany AGEof CONSTITUTESthe Afollowing, MISDEMEANORif OFcompletely THEenclosed THIRDby DEGREE.a fence or other physical barrier that is obviously designated to exclude intruders or if clearly marked with a sign or signs posted on the property that are reasonably likely to come to the attention of intruders and indicate that entry is forbidden without site authorization:

(ii) An (III) EXCEPT AS PROVIDED IN SUBPARAGRAPH <-- (IV), AN offense under paragraph (1)(ii), (iii) or (iv) constitutes a felony of the first SECOND degree and is <-- punishable by imprisonment for a term of not more than two years ONE YEAR and a fine of not less than $10,000 <-- $5,000.

<-- (4) For purposes of this subsection, the term "critical <-- infrastructure facility" shall mean any of the following, if completely enclosed by a fence or other physical barrier that is obviously designated to exclude intruders or if clearly marked with a sign or signs posted on the property that are reasonably likely to come to the attention of intruders and indicate that entry is forbidden without site authorization:

20170SB0652PN1553 - 3 - (iii) A chemical, polymer or rubber manufacturing facility.

20170SB0652PN0752 - 3 - (x) A gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas or natural gas liquids.

(xv) A natural gas distribution utility facility, including, but not limited to, pipeline interconnection, a city gate or town border station, metering station, aboveground piping, a regulator station and a natural gas 20170SB0652PN1553 - 4 - storage facility.

(IV)* AN* OFFENSE* UNDERSection PARAGRAPH2. (1)(II), (III) OR <-- (IV) BY AN INDIVIDUAL UNDER 18 YEARS OF AGE CONSTITUTES A MISDEMEANOR OF THE SECOND DEGREE.

(4) A SECOND OR SUBSEQUENT OFFENSE UNDER THIS SUBSECTION SHALL BE GRADED AS FOLLOWS:

(I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), AN OFFENSE UNDER PARAGRAPH (1)(I) CONSTITUTES A FELONY OF THE SECOND DEGREE AND IS PUNISHABLE BY IMPRISONMENT FOR A TERM OF NOT MORE THAN ONE YEAR AND A FINE OF NOT LESS THAN $5,000.

(II) AN OFFENSE UNDER PARAGRAPH (1)(I) BY AN INDIVIDUAL UNDER 18 YEARS OF AGE CONSTITUTES A MISDEMEANOR OF THE SECOND DEGREE.

(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV), AN OFFENSE UNDER PARAGRAPH (1)(II), (III) OR (IV) CONSTITUTES A FELONY OF THE FIRST DEGREE AND IS PUNISHABLE BY IMPRISONMENT FOR A TERM OF NOT MORE THAN TWO YEARS AND A FINE OF NOT LESS THAN $10,000.

(IV) AN OFFENSE UNDER PARAGRAPH (1)(II), (III) OR (IV) BY AN INDIVIDUAL UNDER 18 YEARS OF AGE CONSTITUTES A MISDEMEANOR OF THE FIRST DEGREE.

20170SB0652PN1553 - 5 - * * * (D) [DEFINITION.--AS USED IN THIS SECTION, THE TERM "SCHOOL <-- GROUNDS" MEANS ANY BUILDING OF OR GROUNDS OF ANY ELEMENTARY OR SECONDARY PUBLICLY FUNDED EDUCATIONAL INSTITUTION, ANY ELEMENTARY OR SECONDARY PRIVATE SCHOOL LICENSED BY THE DEPARTMENT OF EDUCATION, ANY ELEMENTARY OR SECONDARY PAROCHIAL SCHOOL, ANY CERTIFIED DAY-CARE CENTER OR ANY LICENSED PRESCHOOL PROGRAM.] 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:

"CRITICAL INFRASTRUCTURE FACILITY." ANY OF THE FOLLOWING, WHETHER CONSTRUCTED OR UNDER CONSTRUCTION, IF COMPLETELY ENCLOSED BY A FENCE OR OTHER PHYSICAL BARRIER THAT IS OBVIOUSLY DESIGNATED TO EXCLUDE INTRUDERS OR IF CLEARLY MARKED WITH A SIGN OR SIGNS POSTED ON THE PROPERTY THAT ARE REASONABLY LIKELY TO COME TO THE ATTENTION OF INTRUDERS AND INDICATE THAT ENTRY IS FORBIDDEN WITHOUT SITE AUTHORIZATION IF NOTICE REQUIREMENTS ARE NOT NECESSARY DURING OBVIOUS AND APPARENT CONSTRUCTION OR FOR A PIPELINE TO THE EXTENT THAT IT IS MARKED BY A PIPELINE MARKER:

(1) A PETROLEUM OR ALUMINA REFINERY.

(2) AN ELECTRICAL POWER GENERATING FACILITY, SUBSTATION, SWITCHING STATION, ELECTRICAL CONTROL CENTER OR ELECTRICAL POWER LINES AND ASSOCIATED EQUIPMENT INFRASTRUCTURE.

(3) A CHEMICAL, POLYMER OR RUBBER MANUFACTURING FACILITY.

(4) A WATER INTAKE STRUCTURE, WATER TREATMENT AND DISTRIBUTION INFRASTRUCTURE OR WASTEWATER TREATMENT AND COLLECTION INFRASTRUCTURE.

(5) A NATURAL GAS COMPRESSOR STATION.

(6) A LIQUID NATURAL GAS TERMINAL OR STORAGE FACILITY.

20170SB0652PN1553 - 6 - (7) A TELECOMMUNICATION CENTRAL SWITCHING OFFICE, REMOTE TERMINAL OR ANY OTHER EQUIPMENT IN A SECURE ENCLOSURE USED TO PROVIDE TELECOMMUNICATIONS SERVICES.

(8) WIRELESS AND WIRELINE TELECOMMUNICATIONS INFRASTRUCTURE, INCLUDING CELL TOWERS, SMALL WIRELESS FACILITIES, MICROWAVE POLES AND LINES, INCLUDING COPPER AND FIBER OPTIC LINES AND UNDERGROUND CONDUIT FOR TELECOMMUNICATIONS SERVICES.

(9) A PORT, RAILROAD SWITCHING YARD, RAILROAD TRACKS, TRUCKING TERMINAL OR OTHER FREIGHT TRANSPORTATION FACILITY.

(10) A GAS PROCESSING PLANT, INCLUDING A PLANT USED IN THE PROCESSING, TREATMENT OR FRACTIONATION OF NATURAL GAS OR NATURAL GAS LIQUIDS.

(11) A TRANSMISSION FACILITY USED BY A FEDERALLY LICENSED RADIO OR TELEVISION STATION.

(12) A STEELMAKING FACILITY THAT USES AN ELECTRIC ARC FURNACE TO MAKE STEEL.