SENATE AMENDED
PRIOR PRINTER'S NOS. 1545, 1623 PRINTER'S NO. 1920
No. 1341 Session of 1997
INTRODUCED BY NICKOL, FARGO, ARGALL, MAITLAND, BELARDI,
McNAUGHTON, TRELLO, ROSS, B. SMITH, WAUGH, WALKO, PLATTS,
CLARK, CLYMER, HALUSKA, PISTELLA, STABACK, GEIST, HESS,
COWELL, STERN, EGOLF, MILLER, C. WILLIAMS, STEELMAN, SEMMEL,
L. I. COHEN, ALLEN, LYNCH, E. Z. TAYLOR, WOGAN, BENNINGHOFF,
SAINATO AND BOSCOLA, APRIL 17, 1997
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
JUNE 3, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for retail theft; <--
3 AND FURTHER DEFINING "TRADE SECRET."
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3929(a) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended by adding a paragraph to read:
8 § 3929. Retail theft.
9 (a) Offense defined.--A person is guilty of a retail theft
10 if he:
11 * * *
12 (5) destroys, removes, renders inoperative or
13 deactivates any inventory control tag, security strip or any
14 other mechanism designed or employed to prevent an offense
15 under this section with the intention of depriving the
1 merchant of the possession, use or benefit of such
2 merchandise without paying the full retail value thereof.
3 * * *
4 SECTION 2. THE DEFINITION OF "TRADE SECRET" IN SECTION <--
5 3930(E) OF TITLE 18, AMENDED OCTOBER 16, 1996 (P.L.715, NO.128),
6 IS AMENDED TO READ:
7 § 3930. THEFT OF TRADE SECRETS.
8 * * *
9 (E) DEFINITIONS.--AS USED IN THIS SECTION THE FOLLOWING
10 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
11 SUBSECTION:
12 * * *
13 "TRADE SECRET." THE WHOLE OR ANY PORTION OR PHASE OF ANY
14 SCIENTIFIC OR TECHNICAL INFORMATION, DESIGN, PROCESS, PROCEDURE,
15 FORMULA OR IMPROVEMENT [OR CUSTOMER OR SALES INFORMATION OR ANY
16 OTHER PRIVILEGED OR CONFIDENTIAL INFORMATION] WHICH IS OF VALUE
17 AND HAS BEEN SPECIFICALLY IDENTIFIED BY THE OWNER AS OF A
18 CONFIDENTIAL CHARACTER, AND WHICH HAS NOT BEEN PUBLISHED OR
19 OTHERWISE BECOME A MATTER OF GENERAL PUBLIC KNOWLEDGE. THERE
20 SHALL BE A REBUTTABLE PRESUMPTION THAT SCIENTIFIC OR TECHNICAL
21 INFORMATION [OR CUSTOMER OR SALES INFORMATION OR ANY OTHER
22 PRIVILEGED OR CONFIDENTIAL INFORMATION] HAS NOT BEEN PUBLISHED
23 OR OTHERWISE BECOME A MATTER OF GENERAL PUBLIC KNOWLEDGE WHEN
24 THE OWNER THEREOF TAKES MEASURES TO PREVENT IT FROM BECOMING
25 AVAILABLE TO PERSONS OTHER THAN THOSE SELECTED BY HIM TO HAVE
26 ACCESS THERETO FOR LIMITED PURPOSES.
27 Section 2 3. This act shall take effect immediately. <--
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