HOUSE AMENDED
PRIOR PRINTER'S NOS. 289, 681 PRINTER'S NO. 1136
No. 282 Session of 1995
INTRODUCED BY HECKLER, TOMLINSON, SALVATORE, JUBELIRER, GERLACH,
WENGER, PUNT, BRIGHTBILL, ULIANA, PORTERFIELD, BAKER, FISHER,
HELFRICK, PETERSON, MADIGAN, RHOADES, HART, DAWIDA, DELP,
STAPLETON, KASUNIC, ANDREZESKI, O'PAKE AND AFFLERBACH,
JANUARY 24, 1995
AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE
OF REPRESENTATIVES, AS AMENDED, MAY 23, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for buying or
3 exchanging Federal food order coupons, stamps or, <--
4 authorization cards OR ACCESS DEVICES and for fraudulent <--
5 traffic in food orders.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 7313 and 7314 of Title 18 of the
9 Pennsylvania Consolidated Statutes are amended to read:
10 § 7313. Buying or exchanging Federal food order coupons, stamps
11 or, authorization cards OR ACCESS DEVICES. <--
12 (a) Offense defined.--A person [is guilty of a misdemeanor
13 of the third degree] commits the offense of buying or exchanging
14 Federal food order coupons, stamps or, authorization cards OR <--
15 ACCESS DEVICES if he, not being authorized to do so by the
16 United States Department of Agriculture, [shall buy or exchange]
17 buys or exchanges Federal food order coupons, stamps or, <--
1 authorization cards OR ACCESS DEVICES for currency, or if he <--
2 [shall accept or cause] accepts or causes to be accepted Federal
3 food order coupons, stamps or, authorization cards OR ACCESS <--
4 DEVICES in exchange for any merchandise or article except food,
5 as defined by the United States Department of Agriculture, or
6 Federal food order coupons, stamps or, authorization cards OR <--
7 ACCESS DEVICES in exchange for merchandise or articles, not
8 defined by the United States Department of Agriculture to be
9 surplus foods.
10 (b) Grading.--A person who violates this section commits a
11 felony of the third degree if the amount involved is $1,000 or
12 more. If the amount involved is less than $1,000, the person
13 commits a misdemeanor of the first degree. Amounts involved in
14 buying or exchanging Federal food order coupons, stamps or, <--
15 authorization cards OR ACCESS DEVICES committed pursuant to one <--
16 scheme or course of conduct, whether from the same person or
17 several persons, shall be aggregated in determining the grade of
18 the offense.
19 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING <--
20 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
21 SUBSECTION:
22 "ACCESS DEVICE." THE PENNSYLVANIA ACCESS CARD OR ELECTRONIC
23 BENEFIT TRANSFER CARD.
24 "AUTHORIZATION CARD." THE PAPER AUTHORIZATION TO PARTICIPATE
25 THAT A PERSON SIGNS AND THEN EXCHANGES FOR THE DESIGNATED AMOUNT
26 OF FOOD COUPONS AT A BANK.
27 § 7314. Fraudulent traffic in food orders.
28 (a) Offense defined.--A person [is guilty of a summary
29 offense] commits the offense of fraudulent traffic in food
30 orders if he, whether acting for himself or for another,
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1 directly or indirectly, furnishes or delivers to any person
2 money, merchandise, or anything other than food, on or in
3 exchange for a food order, or furnishes or delivers food on or
4 in exchange for a food order to any person, other than the
5 original recipient of the order, or in quantities or for prices
6 other than those itemized on the food order at the time the food
7 is furnished or delivered.
8 (a.1) Grading.--A person who violates this section commits a
9 felony of the third degree if the amount involved is $1,000 or
10 more. If the amount involved is less than $1,000, the person
11 commits a misdemeanor of the first degree. Amounts involved in
12 fraudulent traffic in food orders committed pursuant to one
13 scheme or course of conduct, whether from the same person or
14 several persons, shall be aggregated in determining the grade of
15 the offense.
16 (b) Additional penalty.--In addition to the penalties
17 otherwise prescribed, the defendant shall also be [adjudged]
18 ordered to pay to the agency which shall have issued such food
19 order, the face amount thereof.
20 (c) Exception.--Subsection (a) of this section shall not
21 apply to the negotiation of a food order after food to the full
22 amount of the order shall have been furnished thereon to the
23 original recipient of the order.
24 (d) Definition.--As used in this section, the term "food
25 order" means any order issued by or under the authority of any
26 public relief or assistance agency, authorizing the furnishing
27 and delivery of food to any person therein named or described.
28 Section 2. This act shall take effect in 60 days.
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