• 13
  • July
    2011

As a result of a series of arson fires in Coatesville from 2007 to 2009, legislators have drafted Senate Bill 903 which would create a new Pennsylvania criminal charge of aggravated arson. It would also increase criminal penalties for arson and define mandatory sentencing for an aggravated arson conviction.

If the bill passes, the new criminal charge of aggravated arson will be a first degree felony. A person could face charges if a) he or she starts start a fire, b) pays someone else to start a fire or c) helps someone start a fire at an occupied building OR if the perpetrators' intent was to injure someone by lighting a fire (such as a firefighter or police officer).

If convicted of aggravated arson, the bill specifies a minimum 10-year prison sentence if a firefighter, police officer or a person fighting the fire suffers serious injuries. It would carry a 5-year minimum sentence if a civilian is injured, if more than one person was inside the building at time of the fire, if more than three buildings were damaged or the fire caused more than $1 million in damage. If a person was convicted of more than one arson offense, prison terms would be served consecutively.

The bill has not yet passed and it's unclear if it will.

The Judiciary Committee must approve the bill before it can go to the full Senate but Republican chairman of the Senate Judiciary Committee, Stewart Greenleaf, has gone on record as strongly opposing mandatory sentencing. He says it is the root cause of prison overpopulation and that it should be up to individual judges to decide what punishment to hand down. Greenleaf has said he won't bring the bill to the committee if it contains the mandatory sentencing provision.

The bill's sponsors and assistant district attorney Tom Ost-Prisco, who prosecuted the Coatesville arsonists, have all said they will work with Greenleaf to address concerns and they hope to see the legislation acted upon in September when the legislature resumes.

Source: Daily Local News, "Coatesville Arson Legislation Faces Hurdle in Harrisburg," by Jennifer Carboni, June 10, 2011.