1Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2act to consolidate, editorially revise, and codify the public
3welfare laws of the Commonwealth," adding definitions; and
4further providing for false statements, investigations and
5penalty and for reporting fraud.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 402 of the act of June 13, 1967 (P.L.31,
9No.21), known as the Public Welfare Code, is amended by adding
10definitions to read:

11Section 402. Definitions.--As used in this article, unless
12the content clearly indicates otherwise:

13"Access device." The Pennsylvania ACCESS Card or electronic
14benefit transfer card.

15* * *

16"Authorization card." The paper authorization to participate
17that an individual signs and then exchanges for a designated

1amount of food stamps or benefits.

2* * *

3Section 2. Section 481 of the act, amended May 16, 1996
4(P.L.175, No.35), is amended to read:

5Section 481. False Statements; Investigations; Penalty.--(a)
6Any person who, either prior to, or at the time of, or
7subsequent to the application for assistance[, by means of a
8wilfully false] or the filing of an authorization card, 
9knowingly makes a false or misleading statement or
10misrepresentation, or by impersonation or by [wilfully]
11knowingly failing to disclose a material fact regarding
12eligibility or other fraudulent means, secures, or attempts to
13secure, or aids or abets or attempts to aid or abet any person
14in securing assistance, an access device or Federal food stamps,
15commits a crime which shall be graded as provided in subsection
16(b).

17(b) Any person violating subsection (a) commits the grade of
18crime determined from the following schedule:

19Amount of Assistance 20or Food Stamps		Degree of Crime
21[$3,000 or more		Felony of the third degree
22$1,500 to $2,999		Misdemeanor of the first degree
23$1,000 to $1,499		Misdemeanor of the second degree
24$ 999 and under, or 25an attempt to commit 26any act prohibited in 27subsection (a)		Misdemeanor of the third degree]
28$1,000 or more		Felony of the third degree
29$999 and under, or an 30attempt to commit any 20130HB2058PN3084 -2-     1act prohibited in 2subsection (a)		Misdemeanor of the first degree

3[Pursuant to 42 Pa.C.S. § 1515(a)(7) (relating to jurisdiction
4and venue), jurisdiction over cases graded a misdemeanor of the
5third degree under this section shall be vested in district
6justices.]

7(c) Any person committing a crime enumerated in subsection
8(a) shall be ordered to pay restitution of any moneys received
9by reason of any false or misleading statement,
10misrepresentation, impersonation, failure to disclose required
11information or fraudulent means. Restitution ordered under this
12subsection may be paid in a lump sum, by monthly installments or
13according to such other schedule as is deemed just by the
14sentencing court. Notwithstanding the provisions of 18 Pa.C.S. §
151106(c)(2) (relating to restitution for injuries to person or
16property) to the contrary, the period of time during which the
17offender is ordered to make restitution may exceed the maximum
18term of imprisonment to which the offender could have been
19sentenced for the crime of which that person was convicted, if
20the sentencing court determines such period to be reasonable and
21in the interests of justice.

22(d) There shall be a four-year statute of limitations on all
23crimes enumerated in subsection (a).

24(e) The [Treasury Department] Inspector General's Office
25shall have the power to investigate and prosecute any case
26involving replacement of or duplicate receipt of or altered
27assistance checks or access devices and shall have the power to
28collect any funds as a result of such investigations and
29prosecution. For purposes of this section those employes of the
30[Treasury Department] Inspector General's Office as are

1designated "investigators" are given the power and authority to
2subpoena any document for review or audit and may question and
3subpoena any person believed to have any knowledge in such
4cases. The [Treasury Department] Inspector General's Office
5shall make such rules and regulations as may be necessary to
6carry out the provisions of this section.

7(f) An applicant for or recipient of [aid to families with
8dependent children] temporary assistance for needy families or
9general assistance convicted of any offense pursuant to
10subsection (a) shall be ineligible to receive cash assistance
11for a period of six months from the date of a first conviction,
12for a period of twelve months from the date of a second
13conviction and permanently from the date of a third conviction.

14Section 3. Section 1417(b) of the act, added December 17,
152009 (P.L.598, No.54), is amended to read:

16Section 1417. Fraud Reporting to Inspector General.--* * *

17(b) The county assistance employe making a report in good 
18faith shall [not be subject to any sanctions for making a fraud
19report.] be provided:

20(1) Whistleblower status as provided under the act of
21December 12, 1986 (P.L.1559, No.169), known as the
22"Whistleblower Law."

23(2) Immunity from civil or criminal liability for the
24reporting of suspected fraud.

25Section 4. This act shall take effect in 60 days.