PRINTER'S NO. 957
No. 822 Session of 2003
INTRODUCED BY MAITLAND AND HORSEY, MARCH 11, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 11, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for grading of theft
3 offenses and for the offenses of theft of services, retail
4 theft, library theft and for theft from a motor vehicle.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3903(a.1) and (b) of Title 18 of the
8 Pennsylvania Consolidated Statutes are amended and the section
9 is amended by adding a subsection to read:
10 § 3903. Grading of theft offenses.
11 * * *
12 (a.1) Felony of the third degree.--Except as provided in
13 subsection (a), theft constitutes a felony of the third degree
14 if the amount involved exceeds $2,000, or if the property stolen
15 is an automobile, airplane, motorcycle, motorboat or other
16 motor-propelled vehicle, or in the case of theft by receiving
17 stolen property, if the receiver is in the business of buying or
18 selling stolen property, or if the offense is a third or
1 subsequent offense under this chapter, regardless of the value
2 of the merchandise.
3 (b) Other grades.--Theft not within subsection (a) or (a.1)
4 [of this section,] constitutes a [misdemeanor of the first
5 degree, except that if the property was not taken from the
6 person or by threat, or in breach of fiduciary obligation, and:
7 (1) the amount involved was $50 or more but less than
8 $200 the offense constitutes a misdemeanor of the second
9 degree; or
10 (2) the amount involved was less than $50 the offense
11 constitutes a misdemeanor of the third degree.]:
12 (1) Summary offense if the offense is a first offense
13 and the value of the merchandise is less than $150.
14 (2) Misdemeanor of the second degree if the offense is a
15 second offense and the value of the merchandise is less than
16 $150.
17 (3) Misdemeanor of the first degree if the offense is a
18 first or second offense and the value of the merchandise is
19 $150 or more.
20 * * *
21 (c.1) Fingerprinting.--
22 (1) Prior to the commencement of trial or entry of plea
23 of a defendant 16 years of age or older accused of a summary
24 offense under this chapter, the issuing authority shall order
25 the defendant to submit within five days of such order for
26 fingerprinting by the municipal police of the jurisdiction in
27 which the offense allegedly was committed or the Pennsylvania
28 State Police.
29 (2) Fingerprints so obtained shall be forwarded
30 immediately to the Pennsylvania State Police for
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1 determination as to whether or not the defendant previously
2 has been convicted of an offense under this chapter. The
3 results of such determination shall be forwarded to the
4 police department obtaining the fingerprints if such
5 department is the prosecutor, or to the issuing authority if
6 the prosecutor is other than a police officer.
7 (3) The issuing authority shall not proceed with the
8 trial or plea in summary cases until in receipt of the
9 determination made by the Pennsylvania State Police.
10 (4) The district justice shall use the information
11 obtained solely for the purpose of grading the offense
12 pursuant to this chapter.
13 * * *
14 Section 2. Section 3926(c) of Title 18 is amended to read:
15 § 3926. Theft of services.
16 * * *
17 (c) [Grading.--
18 (1) An offense under this section constitutes a summary
19 offense when the value of the services obtained or diverted
20 is less than $50.
21 (2) When the value of the services obtained or diverted
22 is $50 or more, the grading of the offense shall be as
23 established in section 3903 (relating to grading of theft
24 offenses).
25 (3)] Aggregation.--Amounts involved in theft of services
26 committed pursuant to one scheme or course of conduct,
27 whether from the same person or several persons, may be
28 aggregated in determining the grade of the offense.
29 * * *
30 Section 3. Section 3929(b) and (g) of Title 18, amended
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1 October 2, 2002 (P.L.806, No.116), are amended and the section
2 is amended by adding subsections to read:
3 § 3929. Retail theft.
4 * * *
5 [(b) Grading.--
6 (1) Retail theft constitutes a:
7 (i) Summary offense when the offense is a first
8 offense and the value of the merchandise is less than
9 $150.
10 (ii) Misdemeanor of the second degree when the
11 offense is a second offense and the value of the
12 merchandise is less than $150.
13 (iii) Misdemeanor of the first degree when the
14 offense is a first or second offense and the value of the
15 merchandise is $150 or more.
16 (iv) Felony of the third degree when the offense is
17 a third or subsequent offense, regardless of the value of
18 the merchandise.
19 (v) Felony of the third degree when the amount
20 involved exceeds $2,000 or if the merchandise involved is
21 a firearm or a motor vehicle.
22 (1.1)] (b.1) Additional penalties for theft of motor
23 fuel.--Any person who is convicted under subsection (a) of
24 retail theft of motor fuel may, in addition to any other penalty
25 imposed, be sentenced as follows:
26 [(i)] (1) For a first offense, to pay a fine of not
27 less than $100 nor more than $250.
28 [(ii)] (2) For a second offense, to pay a fine of
29 not less than $250 nor more than $500.
30 [(iii)] (3) For a third or subsequent offense, to
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1 pay a fine of not less than $500, or the court may order
2 the operating privilege of the person suspended for 30
3 days. A copy of the order shall be transmitted to the
4 Department of Transportation.
5 [(2)] (b.2) Aggregation.--Amounts involved in retail
6 thefts committed pursuant to one scheme or course of conduct,
7 whether from the same store or retail mercantile establishment
8 or several stores or retail mercantile establishments, may be
9 aggregated in determining the grade of the offense.
10 * * *
11 [(g) Fingerprinting.--Prior to the commencement of trial or
12 entry of plea of a defendant 16 years of age or older accused of
13 the summary offense of retail theft, the issuing authority shall
14 order the defendant to submit within five days of such order for
15 fingerprinting by the municipal police of the jurisdiction in
16 which the offense allegedly was committed or the State Police.
17 Fingerprints so obtained shall be forwarded immediately to the
18 Pennsylvania State Police for determination as to whether or not
19 the defendant previously has been convicted of the offense of
20 retail theft. The results of such determination shall be
21 forwarded to the Police Department obtaining the fingerprints if
22 such department is the prosecutor, or to the issuing authority
23 if the prosecutor is other than a police officer. The issuing
24 authority shall not proceed with the trial or plea in summary
25 cases until in receipt of the determination made by the State
26 Police. The district justice shall use the information obtained
27 solely for the purpose of grading the offense pursuant to
28 subsection (b).]
29 Section 4. Section 3929.1(b) and (h) of Title 18 are amended
30 and the section is amended by adding a subsection to read:
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1 § 3929.1. Library theft.
2 * * *
3 [(b) Grading.--
4 (1) Library theft constitutes a:
5 (i) Summary offense when the offense is a first
6 offense and the value of the material is less than $150.
7 (ii) Misdemeanor of the second degree when the
8 offense is a second offense and the value of the material
9 is less than $150.
10 (iii) Misdemeanor of the first degree when the
11 offense is a first or second offense and the value of the
12 material is $150 or more.
13 (iv) Felony of the third degree when the offense is
14 a third or subsequent offense, regardless of the value of
15 the material.
16 (2)] (b.1) Aggregation.--Amounts involved in library
17 thefts committed pursuant to one scheme or course of conduct,
18 whether from the same library or several libraries, may be
19 aggregated in determining the grade of the offense.
20 * * *
21 [(h) Fingerprinting.--Upon conviction the issuing authority
22 shall order the defendant to submit within five days of such
23 order for fingerprinting by the municipal police of the
24 jurisdiction in which the offense allegedly was committed or the
25 State Police.]
26 * * *
27 Section 5. Section 3934(b) of Title 18 is repealed.
28 Section 6. This act shall take effect in 60 days.
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