PRINTER'S NO. 2999

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 2348 Session of 1992

        INTRODUCED BY DeLUCA, JOHNSON, HARPER, STABACK, COLAIZZO,
           PETRARCA, CARONE, KOSINSKI, GERLACH, PESCI, VEON, SURRA,
           FAJT, BILLOW, KRUSZEWSKI, GIGLIOTTI, CIVERA, PISTELLA AND
           TOMLINSON, JANUARY 29, 1992

        REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JANUARY 29, 1992

                                     AN ACT

     1  Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
     2     act to consolidate, editorially revise, and codify the public
     3     welfare laws of the Commonwealth," increasing penalties for
     4     fraud.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 1407(b)(1) of the act of June 13, 1967
     8  (P.L.31, No.21), known as the Public Welfare Code, added July
     9  10, 1980 (P.L.493, No.105), is amended to read:
    10     Section 1407.  Provider Prohibited Acts, Criminal Penalties
    11  and Civil Remedies.--* * *
    12     (b)  (1)  A person who violates any provision of subsection
    13  (a), excepting subsection (a)(11), is guilty of a felony of the
    14  [third] second degree for each such violation with a maximum
    15  penalty of [fifteen thousand dollars ($15,000) and seven] thirty
    16  thousand dollars ($30,000) and ten years imprisonment. A
    17  violation of subsection (a) shall be deemed to continue so long
    18  as the course of conduct or the defendant's complicity therein

     1  continues; the offense is committed when the course of conduct
     2  or complicity of the defendant therein is terminated in
     3  accordance with the provisions of 42 Pa.C.S. § 5552(d) (relating
     4  to other offenses). Whenever any person has been previously
     5  convicted in any state or Federal court of conduct that would
     6  constitute a violation of subsection (a), a subsequent
     7  allegation, indictment or information under subsection (a) shall
     8  be classified as a felony of the [second] first degree with a
     9  maximum penalty of [twenty-five thousand dollars ($25,000) and
    10  ten] thirty-five thousand dollars ($35,000) and fifteen years
    11  imprisonment.
    12     * * *
    13     Section 2.  This act shall take effect in 60 days.












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