1Amend Bill, page 1, line 9, by striking out "and 3701(b)" and
2inserting

3, 3701(b) and 3903

4Amend Bill, page 2, lines 21 through 30; page 3, line 1, by
5striking out all of said lines on said pages and inserting

6§ 3903. Grading of theft offenses.

7(a) Felony of the second degree.--Theft constitutes a felony
8of the second degree if:

9(1) The offense is committed during a manmade disaster,
10a natural disaster or a war-caused disaster and constitutes a
11violation of section 3921 (relating to theft by unlawful
12taking or disposition), 3925 (relating to receiving stolen
13property), 3928 (relating to unauthorized use of automobiles
14and other vehicles) or 3929 (relating to retail theft).

15(2) The property stolen is a firearm.

16(3) In the case of theft by receiving stolen property,
17the property received, retained or disposed of is a firearm.

18(4) The property stolen is any amount of anhydrous
19ammonia.

20(5) The property stolen is a controlled substance or
21designer drug as those terms are defined in section 2 of the
22act of April 14, 1972 (P.L.233, No.64), known as The
23Controlled Substance, Drug, Device and Cosmetic Act.

24(6) The amount involved is $100,000 or more but less
25than $500,000.

26(a.1) Felony of the third degree.--Except as provided in
27subsection (a) or (a.2), theft constitutes a felony of the third
28degree if the amount involved exceeds $2,000, or if the property
29stolen is an automobile, airplane, motorcycle, motorboat or
30other motor-propelled vehicle, or in the case of theft by
31receiving stolen property, if the receiver is in the business of
32buying or selling stolen property.

33(a.2) Felony of the first degree.--[Theft] Except as 
34provided in subsections (a) and (a.1), theft constitutes a
35felony of the first degree if[,]:

36(1) in the case of theft by receiving stolen property,

1the property received, retained or disposed of is a firearm
2and the receiver is in the business of buying or selling
3stolen property[.]; or

4(2) the amount involved is $500,000 or more.

5(b) Other grades.--Theft not within subsection (a), (a.1) or 
6(a.2), constitutes a misdemeanor of the first degree, except
7that if the property was not taken from the person or by threat,
8or in breach of fiduciary obligation, and:

9(1) the amount involved was $50 or more but less than
10$200 the offense constitutes a misdemeanor of the second
11degree; or

12(2) the amount involved was less than $50 the offense
13constitutes a misdemeanor of the third degree.

14(c) Valuation.--The amount involved in a theft shall be
15ascertained as follows:

16(1) Except as otherwise specified in this section, value
17means the market value of the property at the time and place
18of the crime, or if such cannot be satisfactorily
19ascertained, the cost of replacement of the property within a
20reasonable time after the crime.

21(2) Whether or not they have been issued or delivered,
22certain written instruments, not including those having a
23readily ascertainable market value such as some public and
24corporate bonds and securities, shall be evaluated as
25follows:

26(i) The value of an instrument constituting an
27evidence of debt, such as a check, draft or promissory
28note, shall be deemed the amount due or collectible
29thereon or thereby, such figure ordinarily being the face
30amount of the indebtedness less any portion thereof which
31has been satisfied.

32(ii) The value of any other instrument which
33creates, releases, discharges or otherwise affects any
34valuable legal right, privilege or obligation shall be
35deemed the greatest amount of economic loss which the
36owner of the instrument might reasonably suffer by virtue
37of the loss of the instrument.

38(3) When the value of property cannot be satisfactorily
39ascertained pursuant to the standards set forth in paragraphs
40(1) and (2) of this subsection its value shall be deemed to
41be an amount less than $50. Amounts involved in thefts
42committed pursuant to one scheme or course of conduct,
43whether from the same person or several persons, may be
44aggregated in determining the grade of the offense.

45(c.1) Sentencing enhancement for theft of public funds or
46theft in breach of a fiduciary duty.--Notwithstanding section
471103 (relating to sentence of imprisonment for felony), the
48maximum term of imprisonment for an offense graded under this
49section may be increased by a term of imprisonment of up to five
50years when the theft is from a political subdivision, local
51authority or public or private charitable organization or when

1the theft constitutes a breach of fiduciary duty.

2(d) Definitions.--As used in this section, the following
3words and phrases shall have the meanings given to them in this
4subsection:

5"Charitable organization." As defined under section 3 of the
6act of December 19, 1990 (P.L.1200, No.202), known as the
7Solicitation of Funds for Charitable Purposes Act.

8"Manmade disaster." Any industrial, nuclear or
9transportation accident, explosion, conflagration, power
10failure, natural resource shortage or other condition, except
11enemy action, resulting from manmade causes, such as oil spills
12and other injurious environmental contamination, which threatens
13or causes substantial damage to property, human suffering,
14hardship or loss of life.

15"Natural disaster." Any hurricane, tornado, storm, flood,
16high water, wind-driven water, tidal wave, earthquake,
17landslide, mudslide, snowstorm, drought, fire, explosion or
18other catastrophe which results in substantial damage to
19property, hardship, suffering or possible loss of life.

20"War-caused disaster." Any condition following an attack 
21upon the United States resulting in substantial damage to 
22property or injury to persons in the United States caused by use 
23of bombs, missiles, shellfire, nuclear, radiological, chemical 
24or biological means, or other weapons or overt paramilitary 
25actions, or other conditions such as sabotage.

26Amend Bill, page 3, line 2, by striking out "3" and inserting

27 2

28Amend Bill, page 4, line 5, by striking out "4" and inserting

29 3

30Amend Bill, page 4, line 6, by striking out "3903(a)(5)" and 
31inserting

32 3903

33Amend Bill, page 4, line 9, by striking out "5" and inserting

34 4

35Amend Bill, page 4, line 10, by striking out "§" and 
36inserting

37 §§ 3903 and

38Amend Bill, page 4, line 12, by striking out "6" and 
39inserting

40 5