Pennsylvania SB 195: An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for the offense of unlawful possession and sale or lease of property and for the offense of unauthorized occupancy of dwellings.

Bill Text

PRINTER'S NO. 145
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 195
Session of
2025
INTRODUCED BY MASTRIANO, PENNYCUICK, FONTANA, BROWN, STEFANO AND
J. WARD, JANUARY 29, 2025
REFERRED TO JUDICIARY, JANUARY 29, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, providing for the offense of unlawful possession
and sale or lease of property and for the offense of
unauthorized occupancy of dwellings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 36
UNLAWFUL POSSESSION AND SALE OR LEASE OF PROPERTY
Sec.
3601. Unlawful possession of dwelling.
3602. Perjury.
3603. Fraudulent sale or lease of residential real property.
§ 3601. Unlawful possession of dwelling.
(a) Offense defined.--A person commits the offense of
unlawful possession of a dwelling if any of the following occur:
(1) The person knowingly enters or remains unlawfully in
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a dwelling with the intent to commit a crime in the dwelling.
(2) The person knowingly enters or remains unlawfully in
an occupied building with the intent to commit a crime in the
occupied building.
(3) The person knowingly enters or remains unlawfully in
an unoccupied building with the intent to commit a crime in
the unoccupied building.
(4) The person knowingly enters or remains unlawfully in
a dwelling and intentionally causes $1,000 or more in damage
to the dwelling.
(b) Grading.--Unlawful possession of a dwelling is a felony
of the third degree.
§ 3602. Perjury.
A person commits the offense of perjury under section 4902
(relating to perjury) if the person does either of the
following:
(1) Swears with intent to mislead a public servant in
the performance of the public servant's duty and the person's
false statement is material to the action, proceeding or
matter involved.
(2) Knowingly presents a false document purporting to be
a lease agreement, deed or other instrument conveying or
providing a right to or in real property to another person
with the intent to civilly detain or to remain upon the real
property.
§ 3603. Fraudulent sale or lease of residential real property.
(a) Offense defined.--A person commits the offense of
fraudulent sale or lease of residential real property if the
person does either of the following:
(1) Lists or advertises residential real property for
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sale knowing that the person or the purported seller has no
legal title or authority to sell the property.
(2) Rents or leases residential real property to another
person knowing that the person or the purported lessor has no
legal ownership or other authority to lease the property.
(b) Grading.-- Fraudulent sale or lease of residential real
property is a felony of the second degree.
Section 2. Title 42 is amended by adding a chapter to read:
CHAPTER 68A
UNAUTHORIZED OCCUPANCY OF DWELLINGS
Sec.
68A01. Definitions.
68A02. Removal of unauthorized individuals.
68A03. Removal of squatter.
§ 68A01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Dwelling." As follows:
(1) A building, structure, manufactured home or mobile
home, or part thereof, used and occupied or intended to be
used for human habitation.
(2) The term includes any:
(i) Outhouse and appurtenance belonging to the
dwelling or usually enjoyed with the dwelling.
(ii) Manufactured home or mobile home which is used
solely for a seasonal vacation purpose.
(iii) Residential structure that contains one to
four units, whether or not the structure is attached to
real property.
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(iv) Individual condominium unit, home or trailer,
if it is used as a residence.
(v) Individual residential apartment in any
multiunit building.
"Holdover tenant." A tenant who stays in a rental property
after their lease has ended without the landlord's consent.
"Immediate family member." As the term "immediate family" is
defined in 55 Pa. Code § 178.2 (relating to definitions).
"Law enforcement agency." Any of the following:
(1) A police department of a county, city, borough,
incorporated town or township.
(2) A county or city district attorney's office.
(3) The Pennsylvania State Police.
(4) The Office of Attorney General.
"Law enforcement officer." A member of the Pennsylvania
State Police, an individual employed as a police officer who
holds a certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating
to municipal police education and training), a sheriff, deputy
sheriff or constable.
"Periodic tenancy." A written agreement between a tenant and
a landlord that the tenant