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

1that an individual signs and then exchanges for a designated
2amount of food stamps or benefits.

3* * *

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

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

18(b) Any person violating subsection (a) commits the grade of
19crime determined from the following schedule:

20Amount of Assistance 21or Food Stamps		Degree of Crime
22[$3,000 or more		Felony of the third degree
23$1,500 to $2,999		Misdemeanor of the first degree
24$1,000 to $1,499		Misdemeanor of the second degree
25$ 999 and under, or 26an attempt to commit 27any act prohibited in 28subsection (a)		Misdemeanor of the third degree]
29$1,000 or more		Felony of the third degree
30$999 and under, or an 20130HB2058PN3811 -2-     1attempt to commit any 2act prohibited in 3subsection (a)		Misdemeanor of the first degree

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

8(c) Any person committing a crime enumerated in subsection
9(a) shall be ordered to pay restitution of any moneys received
10by reason of any false or <-intentionally misleading statement,
11misrepresentation, impersonation, failure to disclose required
12information or fraudulent means. Restitution ordered under this
13subsection may be paid in a lump sum, by monthly installments or
14according to such other schedule as is deemed just by the
15sentencing court. Notwithstanding the provisions of 18 Pa.C.S. §
161106(c)(2) (relating to restitution for injuries to person or
17property) to the contrary, the period of time during which the
18offender is ordered to make restitution may exceed the maximum
19term of imprisonment to which the offender could have been
20sentenced for the crime of which that person was convicted, if
21the sentencing court determines such period to be reasonable and
22in the interests of justice.

23(d) There shall be a four-year statute of limitations on all
24crimes enumerated in subsection (a).

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

1[Treasury Department] Inspector General's Office as are
2designated "investigators" are given the power and authority to
3subpoena any document for review or audit and may question and
4subpoena any person believed to have any knowledge in such
5cases. The [Treasury Department] Inspector General's Office
6shall make such rules and regulations as may be necessary to
7carry out the provisions of this section.

8(f) An applicant for or recipient of [aid to families with
9dependent children] temporary assistance for needy families or
10general assistance convicted of any offense pursuant to
11subsection (a) shall be ineligible to receive cash assistance
12for a period of six months from the date of a first conviction,
13for a period of twelve months from the date of a second
14conviction and permanently from the date of a third conviction.

15Section 3. Section 1417(b) of the act, added December 17,
162009 (P.L.598, No.54), is amended to read:

17Section 1417. Fraud Reporting to Inspector General.--* * *

18(b) The county assistance employe making a report in good 
19faith shall [not be subject to any sanctions for making a fraud
20report.] be provided:

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

24(2) Immunity from civil or criminal liability for the
25reporting of suspected fraud.

26Section 4. This act shall take effect in 60 days.