THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DELOZIER, MARSICO, CALTAGIRONE, BAKER, BOBACK, CUTLER, ELLIS, GEIST, GIBBONS, GINGRICH, GROVE, HARHART, HARKINS, HARRIS, HEFFLEY, HENNESSEY, HESS, HICKERNELL, HORNAMAN, KAUFFMAN, M. K. KELLER, MAJOR, MARSHALL, MILLARD, MILLER, MILNE, MOUL, MURT, PASHINSKI, PETRI, QUIGLEY, QUINN, READSHAW, SAYLOR, CULVER, K. SMITH, SONNEY, STEPHENS, STERN, STEVENSON, SWANGER, TAYLOR AND TOEPEL, JANUARY 17, 2012

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 17, 2012  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for burglary, for

robbery and for grading of theft offenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3502(c)(2) and 3701(b) of Title 18 of

the Pennsylvania Consolidated Statutes are amended to read:

§ 3502.  Burglary.

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(c)  Grading.--

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(2)  [If]  As follows:

(i)  Except as provided under subparagraph (ii), if 

the building, structure or portion entered is not adapted

for overnight accommodation and if no individual is

present at the time of entry, burglary is a felony of the

second degree.

(ii)  If the actor's intent upon entering the

building, structure or portion under subparagraph (i) is

to commit theft of a controlled substance or designer

drug as those terms are defined in section 2 of the act

of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act, 

burglary is a felony of the first degree.

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§ 3701.  Robbery.

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(b)  Grading.--[Robbery]

(1)  Except as provided under paragraph (2), robbery 

under subsection (a)(1)(iv) and (vi) is a felony of the

second degree; robbery under subsection (a)(1)(v) is a felony

of the third degree; otherwise, it is a felony of the first

degree.

(2)  If the object of a robbery under paragraph (1) is a

controlled substance or designer drug as those terms are

defined in section 2 of the act of April 14, 1972 (P.L.233,

No.64), known as The Controlled Substance, Drug, Device and

Cosmetic Act, robbery is a felony of the first degree.

Section 2.  Section 3903(a) of Title 18 is amended by adding

a paragraph to read:

§ 3903.  Grading of theft offenses.

(a)  Felony of the second degree.--Theft constitutes a felony

of the second degree if:

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(5)  The property stolen is a controlled substance or

designer drug as those terms are defined in section 2 of the

act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act.

* * *

Section 3.  The amendment or addition of 18 Pa.C.S. §§

3502(c)(2), 3701(b) and 3903(a)(5) shall apply to offenses

committed on or after the effective date of this section.

Section 4.  This act shall take effect in 60 days.