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.

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
 1   Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
 2      Judicial Procedure) of the Pennsylvania Consolidated
 3      Statutes, in arson, criminal mischief and other property
 4      destruction, further providing for the offense of criminal
 5      mischief; in burglary and other criminal intrusion, providing
 6      for removal of trespassers from real property; in particular
 7      rights and immunities, providing for an offense and civil
 8      action relating to trespass on real property; and imposing
 9      penalties.
10      The General Assembly of the Commonwealth of Pennsylvania
11   hereby enacts as follows:
12      Section 1.    Section 3304(b) of Title 18 of the Pennsylvania
13   Consolidated Statutes is amended to read:
14   § 3304.    Criminal mischief.
15      * * *
16      (b)    Grading.--[Criminal mischief is a felony of the third
17   degree if the actor intentionally causes pecuniary loss in
18   excess of $5,000, or a substantial interruption or impairment of
 1   public communication, transportation, supply of water, gas or
 2   power, or other public service. It is a misdemeanor of the
 3   second degree if the actor intentionally causes pecuniary loss
 4   in excess of $1,000, or a misdemeanor of the third degree if he
 5   intentionally or recklessly causes pecuniary loss in excess of
 6   $500 or causes a loss in excess of $150 for a violation of
 7   subsection (a)(4). Otherwise criminal mischief is a summary
 8   offense.] Criminal mischief shall be graded as:
 9            (1)    a felony of the first degree if the actor unlawfully
10      enters a building or occupied structure and intentionally
11      causes pecuniary loss in excess of $1,000;
12            (2)    a felony of the third degree if the actor
13      intentionally causes pecuniary loss in excess of $5,000 or a
14      substantial interruption or impairment of public
15      communication, transportation, supply of water, gas or power,
16      or other public service;
17            (3)    a misdemeanor of the second degree if the actor
18      intentionally causes pecuniary loss in excess of $1,000;
19            (4)    a misdemeanor of the third degree if the actor
20      intentionally or recklessly causes pecuniary loss in excess
21      of $500 or causes a loss in excess of $150 for a violation of
22      subsection (a)(4); or
23            (5)    a summary offense if paragraphs (1), (2), (3) and
24      (4) do not apply.
25      * * *
26      Section 2.      Title 18 is amended by adding a section to read:
27   § 3503.1.      Removal of trespassers from real property.
28      (a)   Authorization to remove.--A law enforcement officer
29   having probable cause based on an affidavit under subsection (d)
30   to believe that a person on real property has no lawful right of

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 1   occupancy or entry on the real property or is trespassing in
 2   violation of section 3503 (relating to criminal trespass), may
 3   remove the person from the premises.
 4      (b)   Warrant.--If probable cause exists to believe that a
 5   person occupying a building or occupied structure has no lawful
 6   right of occupancy or entry based on an affidavit submitted
 7   under subsection (d) and no credible evidence demonstrating that
 8   the person is lawfully occupying the real property has been
 9   presented under subsection (c), a law enforcement officer may
10   obtain a search warrant prior to entering the building or
11   occupied structure.
12      (c)   Evidence of lawful occupation.--A law enforcement
13   officer removing a person from real property under this section
14   shall provide the person with a reasonable opportunity to secure
15   and present credible evidence demonstrating that the person is
16   an owner or tenant, a guest or invitee of an owner or tenant or
17   otherwise lawfully occupying the real property.
18      (d)   Affidavit.--An owner, or an authorized agent of the
19   owner, of real property may request removal of a person
20   occupying the real property by providing to law enforcement a
21   signed affidavit stating all of the following:
22            (1)   The affiant is the owner or authorized agent of the
23      owner of real property located at a given address.
24            (2)   The person who is not licensed or privileged to do
25      so has entered, occupied or remained on the real property.
26            (3)   Except as provided in paragraph (4), the person is
27      not and, to the affiant's knowledge and belief, has not been
28      a tenant at the address.
29            (4)   If the person is a former tenant, the person was
30      lawfully evicted from the real property. The affiant shall

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 1      include a copy of the eviction order with the affidavit.
 2            (5)   The affiant has demanded that the person vacate the
 3      real property and the person has not done so.
 4            (6)   The affiant understands that the statements
 5      contained in the affidavit are subject to the penalties for
 6      unsworn falsification to authorities under section 4904
 7      (relating to unsworn falsification to authorities).
 8            (7)   The affiant understands and acknowledges the
 9      prohibitions in the act of April 6, 1951 (P.L.69, No.20),
10      known as The Landlord and Tenant Act of 1951, against taking
11      or detaining a tenant's personal property or removing or
12      excluding a tenant from residential property without an
13      authorizing court order.
14      (e)   Savings clause.--Nothing in this section shall be
15   construed to:
16            (1)   abrogate or otherwise limit the authority or
17      jurisdiction of law enforcement otherwise provided by law; or
18            (2)   require a law enforcement officer to obtain an
19      affidavit under subsection (d) before removing a person from
20      a building or occupied structure if probable cause exists to
21      believe that the person has no lawful right of occupancy or
22      entry.
23      (f)   Illegal alien status.--If a law enforcement officer
24   determines that a person who is unlawfully occupying real
25   property in violation of section 3503 is an illegal alien, the
26   law enforcement officer shall immediately provide notice to the
27   United States Immigration and Customs Enforcement of the
28   person's status as an illegal alien. The law enforcement officer
29   shall include with the notice all relevant information possessed
30   by the law enforcement officer.

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 1      (g)   Immunity.--In addition to any other applicable immunity
 2   or limitation on civil liability, a law enforcement officer who,
 3   acting in good faith, removes a person from real property in
 4   accordance with this section shall not be subject to civil
 5   liability.
 6      (h)   Definitions.--As used in this section, the following
 7   words and phrases shall have the meanings given to them in this
 8   subsection unless the context clearly indicates otherwise:
 9      "Illegal alien."    A noncitizen of the United States who is
10   residing in the United States without official authorization in
11   violation of Federal immigration laws.
12      Section 3.    Title 42 is amended by adding a section to read:
13   § 8320.2.    Trespass on real property.
14      (a)   Cause of action established.--An owner of real property
15   shall have a cause of action against a person who knowingly or
16   intentionally entered, gained entry by subterfuge or
17   surreptitiously remained on the real property and refused the
18   owner's demands to vacate the real property.
19      (b)   Treble damages and attorney fees.--In addition to any
20   other relief prescribed by law, an owner of real property who
21   brings suit and prevails under this section shall be awarded
22   treble damages and reasonable attorney fees.
23      Section 4.    This act shall take effect in 60 days.




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