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                                                      PRINTER'S NO. 1158

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 992 Session of 2007


        INTRODUCED BY DERMODY, KULA, SIPTROTH, GOODMAN, PALLONE,
           HORNAMAN, MELIO, DALEY, JAMES, BELFANTI, FRANKEL, WALKO,
           COHEN, JOSEPHS AND GEIST, APRIL 2, 2007

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 2, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the offense of
     3     identity theft.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  The definition of "document" in section 4120(f)
     7  of Title 18 of the Pennsylvania Consolidated Statutes is amended
     8  and the section is amended by adding definitions to read:
     9  § 4120.  Identity theft.
    10     * * *
    11     (f)  Definitions.--As used in this section, the following
    12  words and phrases shall have the meanings given to them in this
    13  subsection:
    14     "Document."  Any writing, including, but not limited to,
    15  birth certificate, Social Security card, driver's license,
    16  nondriver government-issued identification card, baptismal
    17  certificate, access device card, employee identification card,
    18  school identification card or other identifying information

     1  recorded by any other method, including, but not limited to,
     2  information stored on any computer, computer disc, computer
     3  printout, computer system, radio frequency identification
     4  system, or part thereof, or by any other mechanical or
     5  electronic means.
     6     "Identify."  To establish the personal information of an
     7  individual or other identifying characteristic of an individual
     8  including information linking an individual to previous
     9  transactions or activities.
    10     * * *
    11     "Radio frequency identification" or "RFID."  A technology
    12  that incorporates the use of electromagnetic or electrostatic
    13  coupling in the radio frequency portion of the electromagnetic
    14  spectrum that can be used to identify any object or person. This
    15  includes, but is not limited to, any device including a reader
    16  and tag that passively or actively uses radio frequency
    17  identification technology that does not require physical contact
    18  between the tag and reader in order to transmit data.
    19     "Radio frequency identification system" or "RFID system."  A
    20  combination of devices including, but not limited to, readers,
    21  tags, transmitters, processors, antennae, computers, visual
    22  displays and automated checkout systems that enable the owner or
    23  user of the devices to track, monitor, record, identify,
    24  process, charge for, surveil, read, encode, decode or disable a
    25  radio frequency identification tag.
    26     "Radio frequency identification tag" or "tag."  An identifier
    27  comprised of tags, product codes, chips, circuits or other
    28  triggering devices which contain identification information,
    29  data signals or other information related to the product,
    30  manufacturer, contents, serial number, date, purchaser, seller,
    20070H0992B1158                  - 2 -     

     1  destination, origin, package, carton, material, object or person
     2  to which they are attached, embedded or associated, and which
     3  information, including personal information or data, is capable
     4  of being wirelessly transmitted to or read by a radio frequency
     5  identification reader or RFID system.
     6     "Radio frequency identification reader" or "reader."  A
     7  device capable of reading, activating, triggering or receiving
     8  information or data from a radio frequency identification tag.
     9     Section 2.  This act shall take effect in 60 days.














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