1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, defining the offense of theft of
3secondary metal; and prescribing penalties.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Title 18 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 3935.  Theft of secondary metal.

9(a)  Offense defined.--A person commits the offense of theft
10of secondary metal if the person unlawfully takes or attempts to
11take possession of, carries away or exercises unlawful control
12over any secondary metal with intent to deprive the rightful
13owner thereof.

14(b)  Grading.--Except as set forth in subsection (c):

15(1)  An offense under this section constitutes a
16misdemeanor of the third degree when the value of the
17secondary metal unlawfully obtained is less than $50.

1(2)  When the value of the secondary metal unlawfully
2obtained is $50 or more but less than $200 the offense
3constitutes a misdemeanor of the second degree.

4(3)  When the value of the secondary metal unlawfully
5obtained is $200 or more but less than $1,000 the offense
6constitutes a misdemeanor of the first degree.

7(4)  When the value of the secondary metal unlawfully
8obtained is $1,000 or more, the offense constitutes a felony
9of the third degree.

10(c)  Third or subsequent offenses.--An offense under this
11section constitutes a felony of the third degree when the
12offense is a third or subsequent offense, regardless of the
13value of the secondary metal. For purposes of this subsection, a
14first offense includes a conviction, acceptance of Accelerated
15Rehabilitative Disposition or other form of preliminary
16disposition before the sentencing on the present violation for
17an offense under this section or an offense substantially
18similar to an offense under this section.

19(d)  Definition.--As used in this section, the term 
20"secondary metal" means wire, pipe or cable commonly used by 
21communications, gas and electrical utilities and railroads and 
22mass transit or commuter rail agencies, copper, aluminum or 
23other metal, or a combination of metals, that is valuable for 
24recycling or reuse as raw material.

25Section 2.  This act shall take effect in 60 days.