PRINTER'S NO. 172
No. 167 Session of 2003
INTRODUCED BY COSTA, KITCHEN, WAGNER, MUSTO, RAFFERTY, TARTAGLIONE, WOZNIAK, O'PAKE, KASUNIC AND SCHWARTZ, FEBRUARY 4, 2003
REFERRED TO JUDICIARY, FEBRUARY 4, 2003
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for grading of theft 3 offenses. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 3903 of Title 18 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 3903. Grading of theft offenses. 9 (a) Felony of the first degree.--Theft constitutes a felony 10 of the first degree if the amount involved is $500,000 or more. 11 (a.1) Felony of the second degree.--[Theft] Except as 12 provided in subsection (a), theft constitutes a felony of the 13 second degree if: 14 (1) The offense is committed during a manmade disaster, 15 a natural disaster or a war-caused disaster and constitutes a 16 violation of section 3921 (relating to theft by unlawful 17 taking or disposition), 3925 (relating to receiving stolen 18 property), 3928 (relating to unauthorized use of automobiles
1 and other vehicles) or 3929 (relating to retail theft). 2 (2) The property stolen is a firearm. 3 (3) In the case of theft by receiving stolen property, 4 the property received, retained or disposed of is a firearm 5 and the receiver is in the business of buying or selling 6 stolen property. 7 (4) The amount involved is $100,000 or more but less 8 than $500,000. 9 [(a.1)] (a.2) Felony of the third degree.--Except as 10 provided in [subsection (a)] subsections (a) and (a.1), theft 11 constitutes a felony of the third degree if the amount involved 12 [exceeds] is $2,000 or more but less than $100,000, or if the 13 property stolen is an automobile, airplane, motorcycle, 14 motorboat or other motor-propelled vehicle, or in the case of 15 theft by receiving stolen property, if the receiver is in the 16 business of buying or selling stolen property. 17 (b) Other grades.--Theft not within subsection (a) [or (a.1) 18 of this section], (a.1) or (a.2) constitutes a misdemeanor of 19 the first degree, except that if the property was not taken from 20 the person or by threat, or in breach of fiduciary obligation, 21 and: 22 (1) the amount involved was $50 or more but less than 23 $200 the offense constitutes a misdemeanor of the second 24 degree; or 25 (2) the amount involved was less than $50 the offense 26 constitutes a misdemeanor of the third degree. 27 (c) Valuation.--The amount involved in a theft shall be 28 ascertained as follows: 29 (1) Except as otherwise specified in this section, value 30 means the market value of the property at the time and place 20030S0167B0172 - 2 -
1 of the crime, or if such cannot be satisfactorily 2 ascertained, the cost of replacement of the property within a 3 reasonable time after the crime. 4 (2) Whether or not they have been issued or delivered, 5 certain written instruments, not including those having a 6 readily ascertainable market value such as some public and 7 corporate bonds and securities, shall be evaluated as 8 follows: 9 (i) The value of an instrument constituting an 10 evidence of debt, such as a check, draft or promissory 11 note, shall be deemed the amount due or collectible 12 thereon or thereby, such figure ordinarily being the face 13 amount of the indebtedness less any portion thereof which 14 has been satisfied. 15 (ii) The value of any other instrument which 16 creates, releases, discharges or otherwise affects any 17 valuable legal right, privilege or obligation shall be 18 deemed the greatest amount of economic loss which the 19 owner of the instrument might reasonably suffer by virtue 20 of the loss of the instrument. 21 (3) When the value of property cannot be satisfactorily 22 ascertained pursuant to the standards set forth in paragraphs 23 (1) and (2) of this subsection its value shall be deemed to 24 be an amount less than $50. Amounts involved in thefts 25 committed pursuant to one scheme or course of conduct, 26 whether from the same person or several persons, may be 27 aggregated in determining the grade of the offense. 28 (c.1) Sentencing enhancement for theft of public funds or 29 theft in breach of a fiduciary duty.--Notwithstanding section 30 1103 (relating to sentence of imprisonment for felony), the 20030S0167B0172 - 3 -
1 maximum term of imprisonment for an offense graded under this 2 section may be increased by a term of imprisonment of up to five 3 years when the theft is from a political subdivision, local 4 authority or a public or private charitable organization or when 5 the theft constitutes a breach of fiduciary duty. 6 (d) Definitions.--As used in this section, the following 7 words and phrases shall have the meanings given to them in this 8 subsection: 9 "Charitable organization." As defined under section 3 of the 10 act of December 19, 1990 (P.L.1200, No.202), known as the 11 Solicitation of Funds for Charitable Purposes Act. 12 "Manmade disaster." Any industrial, nuclear or 13 transportation accident, explosion, conflagration, power 14 failure, natural resource shortage or other condition, except 15 enemy action, resulting from manmade causes, such as oil spills 16 and other injurious environmental contamination, which threatens 17 or causes substantial damage to property, human suffering, 18 hardship or loss of life. 19 "Natural disaster." Any hurricane, tornado, storm, flood, 20 high water, wind-driven water, tidal wave, earthquake, 21 landslide, mudslide, snowstorm, drought, fire, explosion or 22 other catastrophe which results in substantial damage to 23 property, hardship, suffering or possible loss of life. 24 "War-caused disaster." Any condition following an attack 25 upon the United States resulting in substantial damage to 26 property or injury to persons in the United States caused by use 27 of bombs, missiles, shellfire, nuclear, radiological, chemical 28 or biological means, or other weapons or overt paramilitary 29 actions, or other conditions such as sabotage. 30 Section 2. This act shall take effect in 60 days. L27L18SFL/20030S0167B0172 - 4 -