Pennsylvania Act 2016-158 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - BURGLARY AND SENTENCING FOR BURGLARY

Act text

Session of 2016

No. 2016-158

SB 1062

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in burglary and other criminal intrusion, further providing for burglary; and, in sentencing, providing for sentencing for burglary.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 3502(a)(1) of Title 18 of the Pennsylvania Consolidated Statutes is amended and the section is amended by adding a subsection to read:

§ 3502. Burglary.

(a) Offense defined.--A person commits the offense of burglary if, with the intent to commit a crime therein, the person:

(1) (i) enters a building or occupied structure, or separately secured or occupied portion thereof, that is adapted for overnight accommodations in which at the time of the offense any person is present and the person commits, attempts or threatens to commit a bodily injury crime therein;

(ii) enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense any person is present;

---

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Bodily injury crime." As follows:

(1) An act, attempt or threat to commit an act which would constitute a misdemeanor or felony under the following:

Chapter 25 (relating to criminal homicide).

Chapter 27 (relating to assault).

Chapter 29 (relating to kidnapping).

Chapter 31 (relating to sexual offenses).

Section 3301 (relating to arson and related offenses).

Chapter 37 (relating to robbery).

Chapter 49 Subch. B (relating to victim and witness intimidation).

(2) The term includes violations of any protective order issued as a result of an act related to domestic violence.

Section 2. Title 42 is amended by adding a section to read:

§ 9720.7. Sentencing for burglary.

The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 3502(a)(1)(i)(relating to burglary).

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

APPROVED--The 4th day of November, A.D. 2016.

TOM WOLF