THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY KASUNIC, BOSCOLA, BREWSTER, KITCHEN, RAFFERTY AND WAUGH, FEBRUARY 11, 2011

REFERRED TO JUDICIARY, FEBRUARY 11, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, providing for mandatory prison

sentences for arson and related offenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3301(b) and (c) of Title 18 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 3301.  Arson and related offenses.

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(b)  Sentence.--A person convicted of violating the

provisions of subsection (a)(2), murder of the first degree,

shall be sentenced to death or life imprisonment without right

to parole; a person convicted of murder of the second degree,

pursuant to subsection (a)(2), shall be sentenced to life

imprisonment without right to parole. Notwithstanding provisions

to the contrary, no language herein shall infringe upon the

inherent powers of the Governor to commute said sentence. A

person convicted of violating subsection (a)(1) shall be

sentenced to a mandatory minimum five-year term of imprisonment.

(c)  Arson endangering property.--A person commits a felony

of the second degree if he intentionally starts a fire or causes

an explosion, whether on his own property or that of another, or

if he aids, counsels, pays or agrees to pay another to cause a

fire or explosion, and if:

(1)  he commits the act with intent of destroying or

damaging a building or unoccupied structure of another;

(2)  he thereby recklessly places an inhabited building

or occupied structure of another in danger of damage or

destruction; or

(3)  he commits the act with intent of destroying or

damaging any property, whether his own or of another, to

collect insurance for such loss.

A person convicted of violating this subsection shall be

sentenced to a mandatory minimum two-year term of imprisonment.

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Section 2.  This act shall take effect in 60 days.