PRIOR PRINTER'S NO. 1606 PRINTER'S NO. 3168
No. 1348 Session of 2005
INTRODUCED BY BAKER, THOMAS, CLYMER, E. Z. TAYLOR, BALDWIN,
BARRAR, BELARDI, BENNINGHOFF, BLACKWELL, BOYD, CALTAGIRONE,
CAPPELLI, CAUSER, CRAHALLA, CREIGHTON, DENLINGER, DeWEESE,
FABRIZIO, FAIRCHILD, FRANKEL, GEIST, GEORGE, GILLESPIE,
GINGRICH, GOOD, GOODMAN, GRUCELA, HARRIS, HASAY, HENNESSEY,
HERMAN, HERSHEY, HUTCHINSON, JAMES, KAUFFMAN, M. KELLER,
KOTIK, LEDERER, LEH, MANDERINO, MANN, McGEEHAN, McILHATTAN,
MILLARD, R. MILLER, S. MILLER, MUSTIO, NAILOR, O'NEILL,
PAYNE, PICKETT, PYLE, READSHAW, REICHLEY, ROSS, RUBLEY,
SATHER, SCHRODER, SHANER, SHAPIRO, B. SMITH, SOLOBAY, SONNEY,
TANGRETTI, TIGUE, WANSACZ, WILT, WOJNAROSKI, YOUNGBLOOD,
BROWNE, NICKOL AND HARPER, APRIL 12, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 22, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for restitution for <--
3 injuries to person or property. PROVIDING FOR RESTITUTION FOR <--
4 IDENTITY THEFT; AND MAKING A RELATED REPEAL.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1106(a) of Title 18 of the Pennsylvania <--
8 Consolidated Statutes is amended and subsection (h) is amended
9 by adding a definition to read:
10 § 1106. Restitution for injuries to person or property.
11 (a) General rule.--Upon conviction for any crime wherein
12 property has been stolen, converted or otherwise unlawfully
13 obtained, or its value substantially decreased as a direct
1 result of the crime, or wherein the victim suffered personal
2 injury or collateral injury directly resulting from the crime,
3 the offender shall be sentenced to make restitution in addition
4 to the punishment prescribed therefor.
5 * * *
6 (h) Definitions.--As used in this section, the following
7 words and phrases shall have the meanings given to them in this
8 subsection:
9 "Collateral injury." Any moneys paid by the victim to any
10 professional, including an attorney, a psychologist or an
11 accountant, for professional services required to address
12 adverse consequences suffered by a victim as a direct result of
13 a crime, including correcting credit reports, contesting
14 unwarranted debt collection efforts, conducting forensic audits,
15 defending against false criminal charges and counseling.
16 * * *
17 Section 2. The amendment of 18 Pa.C.S. § 1106(a) and (h)
18 shall apply to offenses committed on or after the effective date
19 of the amendment of 18 Pa.C.S. § 1106(a) and (h).
20 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <--
21 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
22 § 1107.1. RESTITUTION FOR IDENTITY THEFT.
23 (A) GENERAL RULE.--THE COURT SHALL, IN ADDITION TO ANY OTHER
24 RESTITUTION SENTENCE OR ORDER AUTHORIZED BY LAW, SENTENCE A
25 PERSON CONVICTED OF A VIOLATION OF SECTION 4106 (RELATING TO
26 ACCESS DEVICE FRAUD) OR 4120 (RELATING TO IDENTITY THEFT) TO
27 MAKE RESTITUTION FOR ALL REASONABLE EXPENSES INCURRED BY THE
28 VICTIM OR ON THE VICTIM'S BEHALF:
29 (1) TO INVESTIGATE THEFT OF THE VICTIM'S IDENTITY;
30 (2) TO BRING OR DEFEND CIVIL OR CRIMINAL ACTIONS RELATED
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1 TO THEFT OF THE VICTIM'S IDENTITY; OR
2 (3) TO TAKE OTHER EFFORTS TO CORRECT THE VICTIM'S CREDIT
3 RECORD OR NEGATIVE CREDIT REPORTS RELATED TO THEFT OF THE
4 VICTIM'S IDENTITY.
5 (B) TYPES OF EXPENSES.--THE TYPES OF EXPENSES RECOVERABLE
6 UNDER THIS SECTION INCLUDE, BUT ARE NOT LIMITED TO:
7 (1) FEES FOR PROFESSIONAL SERVICES BY ATTORNEYS OR
8 ACCOUNTANTS;
9 (2) FEES AND COSTS IMPOSED BY CREDIT BUREAUS, ASSOCIATED
10 WITH EFFORTS TO CORRECT THE VICTIM'S CREDIT RECORD, INCURRED
11 IN PRIVATE INVESTIGATIONS OR ASSOCIATED WITH CONTESTING
12 UNWARRANTED DEBT COLLECTIONS; AND
13 (3) COURT COSTS AND FILING FEES.
14 SECTION 2. REPEALS ARE AS FOLLOWS:
15 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
16 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 18
17 PA.C.S. § 1107.1.
18 (2) THE PROVISIONS OF 42 PA.C.S. § 9720.1 ARE REPEALED.
19 Section 3. This act shall take effect in 60 days.
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