PRIOR PRINTER'S NOS. 952, 1225, 1814, PRINTER'S NO. 2059
1918, 2038
No. 849 Session of 1999
INTRODUCED BY GREENLEAF, O'PAKE, HART, BOSCOLA, COSTA, HOLL,
ROBBINS, SALVATORE, SCHWARTZ AND SLOCUM, APRIL 27, 1999
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 13, 2000
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for restitution <--
3 for identity theft AND FOR THE USE OF IGNITION INTERLOCK <--
4 SYSTEMS AND FOR RESTITUTION FOR IDENTITY THEFT. <--
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated <--
8 Statutes is amended by adding a section to read:
9 § 9720.1. Restitution for identity theft.
10 (a) General rule.--The court may, in addition to any other
11 restitution sentence or order authorized by law, sentence a
12 person convicted of the offense of identity theft of another <--
13 person A VIOLATION OF 18 PA.C.S. § 4120 (RELATING TO IDENTITY <--
14 THEFT) to make restitution for all reasonable expenses incurred
15 by the victim or on the victim's behalf:
16 (1) to investigate theft of the victim's identity;
17 (2) to bring or defend civil or criminal actions related
18 to theft of the victim's identity; or
1 (3) to take other efforts to correct the victim's credit
2 record or negative credit reports related to theft of the
3 victim's identity.
4 (b) Types of expenses.--The types of expenses that may be
5 recoverable under this section include, but are not limited to:
6 (1) attorney fees;
7 (2) fees and costs imposed by credit bureaus, associated
8 with efforts to correct the victim's credit record or
9 incurred in private investigations; and
10 (3) court costs and filing fees.
11 regardless of whether the expenses are charged or billed to the <--
12 victim or any person acting on the victim's behalf or as the
13 victim's representative and regardless of whether any such
14 expense has been paid.
15 Section 2. This act shall take effect in 60 days.
16 SECTION 2. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ: <--
17 SECTION 1. TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED <--
18 STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
19 CHAPTER 70
20 IGNITION INTERLOCK DEVICES
21 SEC.
22 7001. DEFINITIONS.
23 7002. IGNITION INTERLOCK SYSTEMS FOR DRIVING UNDER THE
24 INFLUENCE.
25 7003. ADDITIONAL DRIVER'S LICENSE RESTORATION REQUIREMENTS.
26 § 7001. DEFINITIONS.
27 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
28 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
29 CONTEXT CLEARLY INDICATES OTHERWISE:
30 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE
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1 COMMONWEALTH.
2 "IGNITION INTERLOCK SYSTEM." A SYSTEM APPROVED BY THE
3 DEPARTMENT THAT PREVENTS A VEHICLE FROM BEING STARTED OR
4 OPERATED UNLESS THE OPERATOR FIRST PROVIDES A BREATH SAMPLE
5 INDICATING THAT THE OPERATOR HAS AN ALCOHOL LEVEL OF LESS THAN
6 .025%.
7 § 7002. IGNITION INTERLOCK SYSTEMS FOR DRIVING UNDER THE
8 INFLUENCE.
9 (A) FIRST OFFENSE.--IN ADDITION TO ANY OTHER REQUIREMENTS
10 IMPOSED BY THE COURT, WHERE A PERSON HAS BEEN CONVICTED FOR A
11 FIRST OFFENSE UNDER 75 PA.C.S. § 3731 (RELATING TO DRIVING UNDER
12 THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), THE COURT MAY
13 ORDER THE INSTALLATION OF AN APPROVED IGNITION INTERLOCK SYSTEM
14 ON EACH MOTOR VEHICLE OWNED BY THE PERSON TO BE EFFECTIVE UPON
15 THE RESTORATION OF OPERATING PRIVILEGES BY THE DEPARTMENT. A
16 RECORD SHALL BE SUBMITTED TO THE DEPARTMENT WHEN THE COURT HAS
17 ORDERED THE INSTALLATION OF AN APPROVED INTERLOCK IGNITION
18 DEVICE. BEFORE THE DEPARTMENT MAY RESTORE SUCH PERSON'S
19 OPERATING PRIVILEGE, THE DEPARTMENT MUST RECEIVE A CERTIFICATION
20 FROM THE COURT THAT THE IGNITION INTERLOCK SYSTEM HAS BEEN
21 INSTALLED.
22 (B) SECOND OR SUBSEQUENT OFFENSE.--IN ADDITION TO ANY OTHER
23 REQUIREMENTS IMPOSED BY THE COURT, WHERE A PERSON HAS BEEN
24 CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF 75 PA.C.S. §
25 3731, THE COURT SHALL ORDER THE INSTALLATION OF AN APPROVED
26 IGNITION INTERLOCK DEVICE ON EACH MOTOR VEHICLE OWNED BY THE
27 PERSON TO BE EFFECTIVE UPON THE RESTORATION OF OPERATING
28 PRIVILEGES BY THE DEPARTMENT. A RECORD SHALL BE SUBMITTED TO THE
29 DEPARTMENT WHEN THE COURT HAS ORDERED THE INSTALLATION OF AN
30 APPROVED INTERLOCK IGNITION DEVICE. BEFORE THE DEPARTMENT MAY
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1 RESTORE SUCH PERSON'S OPERATING PRIVILEGE, THE DEPARTMENT MUST
2 RECEIVE A CERTIFICATION FROM THE COURT THAT THE IGNITION
3 INTERLOCK SYSTEM HAS BEEN INSTALLED.
4 (C) ALTERNATIVE DISPOSITION.--FOR THE PURPOSE OF THIS
5 SECTION, ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION,
6 AN ADJUDICATION OF DELINQUENCY OR A CONSENT DECREE UNDER CHAPTER
7 63 (RELATING TO JUVENILE MATTERS), OR ANY OTHER FORM OF
8 PRELIMINARY DISPOSITION OF ANY CHARGE BROUGHT UNDER 75 PA.C.S. §
9 3731 SHALL BE CONSIDERED A FIRST CONVICTION.
10 (D) DEPARTMENT APPROVAL.--AN IGNITION INTERLOCK SYSTEM
11 REQUIRED TO BE INSTALLED UNDER THIS SECTION MUST BE A SYSTEM
12 WHICH HAS BEEN APPROVED BY THE DEPARTMENT. THE DEPARTMENT'S
13 APPROVAL OF IGNITION INTERLOCK SYSTEMS SHALL BE PUBLISHED IN THE
14 PENNSYLVANIA BULLETIN.
15 § 7003. ADDITIONAL DRIVER'S LICENSE RESTORATION REQUIREMENTS.
16 IN ADDITION TO ANY OTHER REQUIREMENTS ESTABLISHED FOR THE
17 RESTORATION OF A PERSON'S OPERATING PRIVILEGES UNDER 75 PA.C.S.
18 § 1548 (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
19 OFFENDERS):
20 (1) WHERE A PERSON'S OPERATING PRIVILEGES ARE SUSPENDED
21 FOR A SECOND OR SUBSEQUENT VIOLATION OF 75 PA.C.S. § 3731
22 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
23 SUBSTANCE), OR A SIMILAR OUT-OF-STATE OFFENSE, AND THE PERSON
24 SEEKS A RESTORATION OF OPERATING PRIVILEGES, THE COURT SHALL
25 CERTIFY TO THE DEPARTMENT THAT EACH MOTOR VEHICLE OWNED BY
26 THE PERSON HAS BEEN EQUIPPED WITH AN APPROVED IGNITION
27 INTERLOCK SYSTEM.
28 (2) A PERSON SEEKING RESTORATION OF OPERATING PRIVILEGES
29 SHALL APPLY TO THE DEPARTMENT FOR AN IGNITION INTERLOCK
30 RESTRICTED LICENSE UNDER 75 PA.C.S. § 1951(D) (RELATING TO
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1 DRIVER'S LICENSE AND LEARNER'S PERMIT) WHICH WILL BE CLEARLY
2 MARKED TO RESTRICT THE PERSON TO OPERATING ONLY MOTOR
3 VEHICLES EQUIPPED WITH AN APPROVED INTERLOCK IGNITION SYSTEM.
4 (3) DURING THE YEAR IMMEDIATELY FOLLOWING RESTORATION OF
5 THE PERSON'S OPERATING PRIVILEGE, AND THEREAFTER UNTIL THE
6 PERSON OBTAINS AN UNRESTRICTED LICENSE, THE PERSON SHALL NOT
7 OPERATE ANY MOTOR VEHICLE ON A HIGHWAY WITHIN THIS
8 COMMONWEALTH UNLESS THE MOTOR VEHICLE IS EQUIPPED WITH AN
9 APPROVED IGNITION INTERLOCK SYSTEM.
10 (4) ONE YEAR FROM THE DATE OF ISSUANCE OF AN IGNITION
11 INTERLOCK RESTRICTED LICENSE UNDER THIS SECTION, IF OTHERWISE
12 ELIGIBLE, A PERSON MAY APPLY FOR AN ADDITIONAL REPLACEMENT
13 LICENSE UNDER 75 PA.C.S. § 1951(D) THAT DOES NOT CONTAIN THE
14 IGNITION INTERLOCK SYSTEM RESTRICTION.
15 (5) A PERSON WHOSE OPERATING PRIVILEGE IS SUSPENDED FOR
16 A SECOND OR SUBSEQUENT VIOLATION OF 75 PA.C.S. § 3731 OR A
17 SIMILAR OUT-OF-STATE OFFENSE, WHO DOES NOT APPLY FOR AN
18 IGNITION INTERLOCK RESTRICTED LICENSE, SHALL NOT BE ELIGIBLE
19 TO APPLY FOR THE RESTORATION OF OPERATING PRIVILEGES FOR AN
20 ADDITIONAL YEAR AFTER OTHERWISE BEING ELIGIBLE FOR
21 RESTORATION UNDER PARAGRAPH (1).
22 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: <--
23 § 9720.1. RESTITUTION FOR IDENTITY THEFT.
24 (A) GENERAL RULE.--THE COURT MAY, IN ADDITION TO ANY OTHER
25 RESTITUTION SENTENCE OR ORDER AUTHORIZED BY LAW, SENTENCE A
26 PERSON CONVICTED OF A VIOLATION OF 18 PA.C.S. § 4120 (RELATING
27 TO IDENTITY THEFT) TO MAKE RESTITUTION FOR ALL REASONABLE
28 EXPENSES INCURRED BY THE 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 THAT MAY BE
6 RECOVERABLE UNDER THIS SECTION INCLUDE, BUT ARE NOT LIMITED TO:
7 (1) ATTORNEY FEES;
8 (2) FEES AND COSTS IMPOSED BY CREDIT BUREAUS, ASSOCIATED
9 WITH EFFORTS TO CORRECT THE VICTIM'S CREDIT RECORD OR
10 INCURRED IN PRIVATE INVESTIGATIONS; AND
11 (3) COURT COSTS AND FILING FEES.
12 SECTION 3. THE PROVISIONS OF 75 42 PA.C.S. CH. 70 SHALL <--
13 APPLY TO ALL PERSONS CONVICTED OF A SECOND OR SUBSEQUENT
14 VIOLATION OF 75 PA.C.S. § 3731 ON OR AFTER THE EFFECTIVE DATE OF
15 THIS SECTION. NOTHING IN THIS ACT SHALL PROHIBIT A COURT FROM
16 IMPOSING ITS OWN IGNITION INTERLOCK REQUIREMENTS FOR FIRST
17 OFFENDERS PRIOR TO SEPTEMBER 30, 2001.
18 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
19 (1) 75 THE PROVISIONS OF 42 PA.C.S. § 9720.1 SHALL TAKE <--
20 EFFECT JULY 21, 2000.
21 (2) 75 THE PROVISIONS OF 42 PA.C.S. § 7002(A) SHALL TAKE <--
22 EFFECT SEPTEMBER 30, 2001.
23 (3) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
24 (4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
25 SEPTEMBER 30, 2000, OR IMMEDIATELY, WHICHEVER IS LATER.
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