Senate passes bill to strengthen arson penalties

Proposed legislations was prompted by Coatesville’s arson scourge

By Kathleen Brady Shea, Managing Editor, The Times

A bill to strengthen arson penalties was prompted by a spate of set fires in Coatesville several years ago.

A bill to strengthen the state’s arson laws – inspired by an arson scourge in Coatesville several years ago – was passed by the Pennsylvania Senate Monday.

The passage was announced by the bill’s sponsors, Senate Republicans John Rafferty and Dominic Pileggi, the Senate Majority Leader. The lawmakers worked with Chester County officials, including former Coatesville City Councilwoman Robin Scott, who was a victim, Chester County District Attorney Tom Hogan and Assistant District Attorney Thomas Ost-Prisco, to draft the legislation after the series of arsons that resulted in one death and more than $3 million in damages to Coatesville residences.

“The Chester County District Attorney’s Office thanks Senator Pileggi and Senator Rafferty for moving this bill forward,” said Hogan.  “They are strong supporters of law enforcement and protecting our communities.  Chester County also owes a debt of gratitude to Assistant District Attorney Tom Ost-Prisco, who serves as both a prosecutor and a volunteer firefighter, and who was the original architect of this legislation.”

Between 2008 and 2010, Coatesville was besieged by arsonists who set over 50 fires that  endangered the lives of hundreds of residents and firefighters, Hogan said.  All of the fires were set to homes in the middle of the night, and most of the homes were occupied when the arsonists struck, he said, adding that in one tragic fire, Mrs. Irene Kempest, a Holocaust survivor, died when an arsonist set fire to her home.

“Arson is a deadly crime that kills civilians and firefighters. It devastates neighborhoods and communities, destroying property and leaving victims fearful and helpless,” said Pileggi in a news release. “We need to strengthen our laws to reflect the seriousness of the offense.”

Senate Bill 903, approved 47 to 2, would create a new class of crime known as aggravated arson and set tougher sentencing guidelines. A person could be convicted of aggravated arson if he intentionally started a fire – or if he aided or paid someone else to start a fire – with the intent to cause bodily injury or knowing that someone was inside the property at the time.

The bill would also increases penalties if a firefighter, police officer, emergency responder or civilian sustained injuries as a result of the crime. In addition, stronger sentences could also be imposed if more than three people were inside the property at the time of the crime or the arson resulted in more than $1 million in property damage.

The legislation also clarified that a convicted arsonist could be charged with second-degree murder if the fire or explosion unintentionally caused a person’s death and first-degree murder if the cause was intentional.

“People who deliberately set fires must face tougher penalties, particularly when those fires result in loss of life and property,” said Rafferty.

The bill now goes to the state House for consideration.

 

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