THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HANNA, BELFANTI, BOYD, BRENNAN, CARROLL, CREIGHTON, FRANKEL, GEORGE, KOTIK, MAHONEY, MANN, MILLER, MOUL, PALLONE, PAYNE, READSHAW, ROHRER, SIPTROTH, STABACK, WALKO AND YOUNGBLOOD, FEBRUARY 18, 2009

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 18, 2009  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in authorized disposition of offenders, further

providing for restitution for theft of timber; and, in

particular rights and immunities, further providing for

damages in actions for conversion of timber.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1107 of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 1107.  Restitution for theft of timber.

Any person convicted for the theft of standing timber under

section 3921 (relating to theft by unlawful taking or

disposition) shall, in addition to any other sentence imposed,

be sentenced to pay the owner of the timber restitution in an

amount [twice] six times the value of the timber taken.

Section 2.  Section 8311(a) of Title 42 is amended to read:

§ 8311.  Damages in actions for conversion of timber.

(a)  General rule.--In lieu of all other damages or civil

remedies provided by law, a person who cuts or removes the

timber of another person without the consent of that person

shall be liable to that person in a civil action for an amount

of damages equal to:

(1)  the usual and customary costs of establishing the

value of the timber cut or removed and of complying with the

erosion and sedimentation control regulations contained in 25

Pa. Code Ch. 102 (relating to erosion control);

(1.1)  the cost of any surveys obtained in connection

with the civil action; and

(2)  one of the following:

(i)  [three] six times the market value of the timber

cut or removed if the act is determined to have been

deliberate;

(ii)  [two] four times the market value of the timber

cut or removed if the act is determined to have been

negligent; or

(iii)  the market value of the timber cut or removed

if the defendant is determined to have had a reasonable

basis for believing that the land on which the act was

committed was his or that of the person in whose service

or by whose direction the act was done.

* * *

Section 3.  This act shall take effect in 60 days.