Pennsylvania House Bill HB2237

Pennsylvania 2023-2024 Regular Session

• Introduced: 4/25/24
• Refer: 4/25/24

Caption

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.

Impact

The anticipated impact of HB 2237 extends to modifications in how law enforcement and the judiciary handle cases of trespassing and property damage. Officers will gain the authority to remove trespassers from private property based on affidavits that provide credible evidence of unlawful occupancy. Moreover, the introduction of civil actions related to property trespassing empowers property owners, enabling them to seek legal recourse, including treble damages and attorney fees if they prevail in a lawsuit against a trespasser. These amendments are expected to enhance property rights and provide stronger protections for property owners.

Summary

House Bill 2237 introduces significant amendments to Pennsylvania's laws regarding criminal mischief and trespassing. The bill categorizes criminal mischief based on the severity of the offense and introduces penalties tied to the level of pecuniary loss caused. This change reflects an effort to strengthen the legal framework concerning property crimes and the associated repercussions for offenders. Notably, the bill raises the grading for various degrees of criminal mischief, potentially resulting in harsher penalties for individuals convicted under these provisions.

Sentiment

Discussion around HB 2237 reveals a mixed sentiment. Supporters, primarily from law enforcement and certain property rights advocacy groups, view the bill as a critical step in fortifying the legal protections for property owners and addressing issues of unlawful occupation effectively. Conversely, some potential opponents are concerned about the implications of such harsh penalties and the broader impact on civil rights, emphasizing the need to balance property owner protections with the rights of individuals under certain circumstances, such as homelessness.

Contention

A key point of contention lies in how the bill's provisions may be applied in practice, particularly regarding the potential for abuse in enforcement. Critics worry that the expanded authority could lead to unjust removals of individuals from property under ambiguous circumstances, increasing the risk of adverse impacts on vulnerable populations. The inclusion of provisions regarding the reporting of unlawful aliens adds another layer of complexity and concern regarding the treatment of non-citizens in property disputes and could further polarize opinions on the bill's merits.