SENATE AMENDED
PRIOR PRINTER'S NOS. 1892, 2105 PRINTER'S NO. 3866
No. 1546 Session of 2001
INTRODUCED BY M. BAKER, HASAY, KAISER, STERN, ARGALL, J. BAKER,
BARRAR, BASTIAN, BENNINGHOFF, BROWNE, CALTAGIRONE, CAPPELLI,
CLARK, CLYMER, CORRIGAN, CREIGHTON, DALEY, DeLUCA,
DiGIROLAMO, J. EVANS, FAIRCHILD, FEESE, FICHTER, FRANKEL,
FREEMAN, GODSHALL, HARHAI, HARHART, HARPER, HERMAN, HERSHEY,
HESS, HORSEY, HUTCHINSON, JADLOWIEC, KREBS, LEH, LEWIS,
LYNCH, MAHER, MAJOR, MANDERINO, MARSICO, McCALL, McILHATTAN,
R. MILLER, NAILOR, PALLONE, PETRONE, PICKETT, RAYMOND,
ROHRER, ROSS, RUBLEY, SAINATO, SAYLOR, SEMMEL, B. SMITH,
STABACK, STRITTMATTER, J. TAYLOR, THOMAS, WALKO, WILT,
WOJNAROSKI, ZUG, SCHULER, WATERS AND McGEEHAN, MAY 8, 2001
SENATOR CORMAN, COMMUNICATIONS AND HIGH TECHNOLOGY, IN SENATE,
RE-REPORTED AS AMENDED, MAY 7, 2002
AN ACT
1 Amending Title TITLES 18 (Crimes and Offenses) AND 42 (JUDICIARY <--
2 AND JUDICIAL PROCEDURE) of the Pennsylvania Consolidated
3 Statutes, further providing for identity theft; AND PROVIDING <--
4 FOR THE STATUTE OF LIMITATIONS FOR THE CIVIL CAUSE OF ACTION
5 FOR IDENTITY THEFT AND FOR DAMAGES IN ACTIONS FOR IDENTITY
6 THEFT.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 4120(c) of Title 18 of the Pennsylvania <--
10 Consolidated Statutes is amended to read:
11 SECTION 1. SECTION 4120(A), (B), (C) AND (F) OF TITLE 18 OF <--
12 THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE
13 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
14 § 4120. Identity theft.
1 * * * <--
2 (c) Grading.--The offenses shall be graded as follows:
3 (1) [A] Except as provided in paragraph (2), a first
4 offense under this section is a [misdemeanor of the first
5 degree] felony of the third degree, and a second or
6 subsequent offense under this section is a felony of the
7 [third] second degree.
8 (2) When a person commits an offense under subsection
9 (a) and the victim of the offense is 60 years of age or
10 older, the grading of the offense shall be [one grade higher
11 than specified in paragraph (1)] a felony of the second
12 degree.
13 * * *
14 (A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF <--
15 IDENTITY THEFT OF ANOTHER PERSON IF HE POSSESSES OR USES,
16 THROUGH ANY MEANS, IDENTIFYING INFORMATION OF ANOTHER PERSON
17 WITHOUT THE CONSENT OF THAT OTHER PERSON TO FURTHER ANY UNLAWFUL
18 PURPOSE.
19 (B) SEPARATE OFFENSES.--EACH TIME A PERSON POSSESSES OR USES
20 IDENTIFYING INFORMATION IN VIOLATION OF SUBSECTION (A)
21 CONSTITUTES A SEPARATE OFFENSE UNDER THIS SECTION. HOWEVER, THE
22 TOTAL VALUES INVOLVED IN OFFENSES UNDER THIS SECTION COMMITTED
23 PURSUANT TO ONE SCHEME OR COURSE OF CONDUCT, WHETHER FROM THE
24 SAME VICTIM OR SEVERAL VICTIMS, MAY BE AGGREGATED IN DETERMINING
25 THE GRADE OF THE OFFENSE.
26 (C) GRADING.--THE OFFENSES SHALL BE GRADED AS FOLLOWS:
27 (1) [A FIRST OFFENSE UNDER THIS SECTION IS A MISDEMEANOR
28 OF THE FIRST DEGREE, AND A SECOND OR SUBSEQUENT OFFENSE UNDER
29 THIS SECTION IS A FELONY OF THE THIRD DEGREE.] EXCEPT AS
30 OTHERWISE PROVIDED IN PARAGRAPH (2), AN OFFENSE UNDER
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1 SUBSECTION (A) FALLS WITHIN THE FOLLOWING CLASSIFICATIONS
2 DEPENDING ON THE VALUE OF ANY PROPERTY OR SERVICES OBTAINED
3 BY MEANS OF THE IDENTIFYING INFORMATION:
4 (I) IF THE TOTAL VALUE INVOLVED IS LESS THAN $2,000,
5 THE OFFENSE IS A MISDEMEANOR OF THE FIRST DEGREE;
6 (II) IF THE TOTAL VALUE INVOLVED WAS $2,000 OR MORE,
7 THE OFFENSE IS A FELONY OF THE THIRD DEGREE;
8 (III) REGARDLESS OF THE TOTAL VALUE INVOLVED, IF THE
9 OFFENSE IS COMMITTED IN FURTHERANCE OF A CRIMINAL
10 CONSPIRACY AS DEFINED IN SECTION 903 (RELATING TO
11 CRIMINAL CONSPIRACY), THE OFFENSE IS A FELONY OF THE
12 THIRD DEGREE; OR
13 (IV) REGARDLESS OF THE TOTAL VALUE INVOLVED, IF THE
14 OFFENSE IS A THIRD OR SUBSEQUENT OFFENSE UNDER THIS
15 SECTION, THE OFFENSE IS A FELONY OF THE SECOND DEGREE.
16 (2) WHEN A PERSON COMMITS AN OFFENSE UNDER SUBSECTION
17 (A) AND THE VICTIM OF THE OFFENSE IS 60 YEARS OF AGE OR OLDER
18 OR A CARE-DEPENDENT PERSON AS DEFINED IN SECTION 2713
19 (RELATING TO NEGLECT OF CARE-DEPENDENT PERSON), THE GRADING
20 OF THE OFFENSE SHALL BE ONE GRADE HIGHER THAN SPECIFIED IN
21 PARAGRAPH (1).
22 * * *
23 (E.1) VENUE.--ANY OFFENSE COMMITTED UNDER SUBSECTION (A) MAY
24 BE DEEMED TO HAVE BEEN COMMITTED AT ANY OF THE FOLLOWING:
25 (1) THE PLACE WHERE A PERSON POSSESSED OR USED THE
26 IDENTIFYING INFORMATION OF ANOTHER WITHOUT THE OTHER'S
27 CONSENT TO FURTHER ANY UNLAWFUL PURPOSE.
28 (2) THE RESIDENCE OF THE PERSON WHOSE IDENTIFYING
29 INFORMATION HAS BEEN LOST OR STOLEN OR HAS BEEN USED WITHOUT
30 THE PERSON'S CONSENT.
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1 (3) THE BUSINESS OR EMPLOYMENT ADDRESS OF THE PERSON
2 WHOSE IDENTIFYING INFORMATION HAS BEEN LOST OR STOLEN OR HAS
3 BEEN USED WITHOUT THE PERSON'S CONSENT, IF THE IDENTIFYING
4 INFORMATION AT ISSUE IS ASSOCIATED WITH THE PERSON'S BUSINESS
5 OR EMPLOYMENT.
6 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
7 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
8 SUBSECTION:
9 "DOCUMENT." ANY WRITING, INCLUDING, BUT NOT LIMITED TO,
10 BIRTH CERTIFICATE, SOCIAL SECURITY CARD, DRIVER'S LICENSE,
11 NONDRIVER GOVERNMENT-ISSUED IDENTIFICATION CARD, BAPTISMAL
12 CERTIFICATE, ACCESS DEVICE CARD, EMPLOYEE IDENTIFICATION CARD,
13 SCHOOL IDENTIFICATION CARD OR OTHER IDENTIFYING INFORMATION
14 RECORDED BY ANY OTHER METHOD, INCLUDING, BUT NOT LIMITED TO,
15 INFORMATION STORED ON ANY COMPUTER, COMPUTER DISC, COMPUTER
16 PRINTOUT, COMPUTER SYSTEM, OR PART THEREOF, OR BY ANY OTHER
17 MECHANICAL OR ELECTRONIC MEANS.
18 "IDENTIFYING INFORMATION." ANY DOCUMENT, PHOTOGRAPHIC,
19 PICTORIAL OR COMPUTER IMAGE OF ANOTHER PERSON, OR ANY FACT USED
20 TO ESTABLISH IDENTITY, INCLUDING, BUT NOT LIMITED TO, A NAME,
21 BIRTH DATE, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE NUMBER,
22 NONDRIVER GOVERNMENTAL IDENTIFICATION NUMBER, TELEPHONE NUMBER,
23 CHECKING ACCOUNT NUMBER, SAVINGS ACCOUNT NUMBER, STUDENT
24 IDENTIFICATION NUMBER [OR], EMPLOYEE OR PAYROLL NUMBER OR
25 ELECTRONIC SIGNATURE.
26 SECTION 2. SECTION 5525 OF TITLE 42 IS AMENDED TO READ:
27 § 5525. FOUR YEAR LIMITATION.
28 [THE] (A) GENERAL RULE.--EXCEPT AS PROVIDED FOR IN
29 SUBSECTION (B) THE FOLLOWING ACTIONS AND PROCEEDINGS MUST BE
30 COMMENCED WITHIN FOUR YEARS:
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1 (1) AN ACTION UPON A CONTRACT, UNDER SEAL OR OTHERWISE,
2 FOR THE SALE, CONSTRUCTION OR FURNISHING OF TANGIBLE PERSONAL
3 PROPERTY OR FIXTURES.
4 (2) ANY ACTION SUBJECT TO 13 PA.C.S. § 2725 (RELATING TO
5 STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE).
6 (3) AN ACTION UPON AN EXPRESS CONTRACT NOT FOUNDED UPON
7 AN INSTRUMENT IN WRITING.
8 (4) AN ACTION UPON A CONTRACT IMPLIED IN LAW, EXCEPT AN
9 ACTION SUBJECT TO ANOTHER LIMITATION SPECIFIED IN THIS
10 SUBCHAPTER.
11 (5) AN ACTION UPON A JUDGMENT OR DECREE OF ANY COURT OF
12 THE UNITED STATES OR OF ANY STATE.
13 (6) AN ACTION UPON ANY OFFICIAL BOND OF A PUBLIC
14 OFFICIAL, OFFICER OR EMPLOYEE.
15 (7) AN ACTION UPON A NEGOTIABLE OR NONNEGOTIABLE BOND,
16 NOTE OR OTHER SIMILAR INSTRUMENT IN WRITING. WHERE SUCH AN
17 INSTRUMENT IS PAYABLE UPON DEMAND, THE TIME WITHIN WHICH AN
18 ACTION ON IT MUST BE COMMENCED SHALL BE COMPUTED FROM THE
19 LATER OF EITHER DEMAND OR ANY PAYMENT OF PRINCIPAL OF OR
20 INTEREST ON THE INSTRUMENT.
21 (8) AN ACTION UPON A CONTRACT, OBLIGATION OR LIABILITY
22 FOUNDED UPON A WRITING NOT SPECIFIED IN PARAGRAPH (7), UNDER
23 SEAL OR OTHERWISE, EXCEPT AN ACTION SUBJECT TO ANOTHER
24 LIMITATION SPECIFIED IN THIS SUBCHAPTER.
25 (B) SPECIAL PROVISIONS.--AN ACTION SUBJECT TO SECTION 8315
26 (RELATING TO DAMAGES IN ACTIONS FOR IDENTITY THEFT) MUST BE
27 COMMENCED WITHIN FOUR YEARS OF THE DATE OF THE OFFENSE OR FOUR
28 YEARS FROM THE DATE OF THE DISCOVERY OF THE IDENTITY THEFT BY
29 THE PLAINTIFF.
30 SECTION 3. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
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1 § 8315. DAMAGES IN ACTIONS FOR IDENTITY THEFT.
2 IN A CIVIL ACTION BASED ON IDENTITY THEFT AS DEFINED IN 18
3 PA.C.S. § 4120 (RELATING TO IDENTITY THEFT), A COURT OF
4 COMPETENT JURISDICTION MAY AWARD DAMAGES AS FOLLOWS:
5 (1) ACTUAL DAMAGES ARISING FROM THE INCIDENT OR $500,
6 WHICHEVER IS GREATER. DAMAGES INCLUDE LOSS OF MONEY,
7 REPUTATION OR PROPERTY, WHETHER REAL OR PERSONAL. THE COURT
8 MAY, IN ITS DISCRETION, AWARD UP TO THREE TIMES THE ACTUAL
9 DAMAGES SUSTAINED, BUT NOT LESS THAN $500.
10 (2) REASONABLE ATTORNEY FEES AND COURT COSTS.
11 (3) ADDITIONAL RELIEF THE COURT DEEMS NECESSARY AND
12 PROPER.
13 Section 2 4. This act shall take effect in 60 days. <--
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