THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BAKER, PICKETT, MAJOR, ARGALL, BARRAR, BELFANTI, BEYER, BOYD, CAUSER, CLYMER, CREIGHTON, CUTLER, FAIRCHILD, FLECK, GEORGE, GINGRICH, GODSHALL, GOODMAN, GRELL, GROVE, GRUCELA, HALUSKA, HARRIS, HELM, HENNESSEY, HESS, KAUFFMAN, M. KELLER, KILLION, KORTZ, KOTIK, LONGIETTI, MAHONEY, MILLARD, MILLER, MILNE, O'NEILL, READSHAW, ROHRER, SCAVELLO, SIPTROTH, STEVENSON, SWANGER, THOMAS, VULAKOVICH, WANSACZ AND YUDICHAK, FEBRUARY 3, 2009

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, providing for restitution for identity

theft; and making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 1107.1.  Restitution for identity theft.

(a)  General rule.--The court shall, in addition to any other

restitution sentence or order authorized by law, sentence a

person convicted of a violation of section 4106 (relating to

access device fraud) or 4120 (relating to identity theft) to

make restitution for all reasonable expenses incurred by the

victim or on the victim's behalf:

(1)  to investigate theft of the victim's identity;

(2)  to bring or defend civil or criminal actions related

to theft of the victim's identity; or

(3)  to take other efforts to correct the victim's credit

record or negative credit reports related to theft of the

victim's identity.

(b)  Types of expenses.--The types of expenses recoverable

under this section include, but are not limited to:

(1)  fees for professional services by attorneys or

accountants;

(2)  fees and costs imposed by credit bureaus, associated

with efforts to correct the victim's credit record, incurred

in private investigations or associated with contesting

unwarranted debt collections; and

(3)  court costs and filing fees.

Section 2.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 18

Pa.C.S. § 1107.1.

(2)  The provisions of 42 Pa.C.S. § 9720.1 are repealed.

Section 3.  This act shall take effect in 60 days.