Pennsylvania HB 530: An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in arson, criminal mischief and other property destruction, further providing for the offense of criminal mischief; in burglary and other criminal intrusion, providing for removal of trespassers from real property; in particular rights and immunities, providing for an offense and civil action relating to trespass on real property; and imposing penalties.

Bill Text

PRINTER'S NO. 523
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 530
Session of
2025
INTRODUCED BY SCHEUREN, COOPER, ROAE, STAATS, HAMM, NEILSON,
MARCELL, M. JONES, ROWE, PICKETT, M. BROWN, FLICK, HEFFLEY,
DELOZIER, CUTLER, RADER, GAYDOS, KLUNK, BERNSTINE, BONNER,
KUTZ, KUZMA, M. MACKENZIE, FRITZ, ZIMMERMAN, TWARDZIK,
KAUFFMAN, STENDER, O'NEAL, SMITH, STEHR, CAUSER, LABS,
BENNINGHOFF, LEADBETER, FINK, MAJOR, MUSTELLO, KRUPA,
MENTZER, SCHLEGEL, WATRO, FLOOD AND GROVE, FEBRUARY 10, 2025
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
FEBRUARY 10, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in arson, criminal mischief and other property
destruction, further providing for the offense of criminal
mischief; in burglary and other criminal intrusion, providing
for removal of trespassers from real property; in particular
rights and immunities, providing for an offense and civil
action relating to trespass on real property; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3304(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3304. Criminal mischief.
* * *
(b) Grading.--[Criminal mischief is a felony of the third
degree if the actor intentionally causes pecuniary loss in
excess of $5,000, or a substantial interruption or impairment of
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public communication, transportation, supply of water, gas or
power, or other public service. It is a misdemeanor of the
second degree if the actor intentionally causes pecuniary loss
in excess of $1,000, or a misdemeanor of the third degree if he
intentionally or recklessly causes pecuniary loss in excess of
$500 or causes a loss in excess of $150 for a violation of
subsection (a)(4). Otherwise criminal mischief is a summary
offense.] Criminal mischief shall be graded as:
(1) a felony of the first degree if the actor unlawfully
enters a building or occupied structure and intentionally
causes pecuniary loss in excess of $1,000;
(2) a felony of the third degree if the actor
intentionally causes pecuniary loss in excess of $5,000 or a
substantial interruption or impairment of public
communication, transportation, supply of water, gas or power,
or other public service;
(3) a misdemeanor of the second degree if the actor
intentionally causes pecuniary loss in excess of $1,000;
(4) a misdemeanor of the third degree if the actor
intentionally or recklessly causes pecuniary loss in excess
of $500 or causes a loss in excess of $150 for a violation of
subsection (a)(4); or
(5) a summary offense if paragraphs (1), (2), (3) and
(4) do not apply.
* * *
Section 2. Title 18 is amended by adding a section to read:
§ 3503.1. Removal of trespassers from real property.
(a) Authorization to remove.--A law enforcement officer
having probable cause based on an affidavit under subsection (d)
to believe that a person on real property has no lawful right of
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occupancy or entry on the real property or is trespassing in
violation of section 3503 (relating to criminal trespass), may
remove the person from the premises.
(b) Warrant.--If probable cause exists to believe that a
person occupying a building or occupied structure has no lawful
right of occupancy or entry based on an affidavit submitted
under subsection (d) and no credible evidence demonstrating that
the person is lawfully occupying the real property has been
presented under subsection (c), a law enforcement officer may
obtain a search warrant prior to entering the building or
occupied structure.
(c) Evidence of lawful occupation.--A law enforcement
officer removing a person from real property under this section
shall provide the person with a reasonable opportunity to secure
and present credible evidence demonstrating that the person is
an owner or tenant, a guest or invitee of an owner or tenant or
otherwise lawfully occupying the real property.
(d) Affidavit.--An owner, or an authorized agent of the
owner, of real property may request removal of a person
occupying the real property by providing to law enforcement a
signed affidavit stating all of the following:
(1) The affiant is the owner or authorized agent of the
owner of real property located at a given address.
(2) The person who is not licensed or privileged to do
so has entered, occupied or remained on the real property.
(3) Except as provided in paragraph (4), the person is
not and, to the affiant's knowledge and belief, has not been
a tenant at the address.
(4) If the person is a former tenant, the person was
lawfully evicted from the real property. The affiant shall
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include a copy of the eviction order with the affidavit.
(5)