PRINTER'S NO. 1164
No. 998 Session of 2007
INTRODUCED BY GERGELY, BIANCUCCI, CREIGHTON, GEIST, GEORGE,
HARRIS, HESS, KIRKLAND, KOTIK, KULA, MAHONEY, MENSCH,
O'NEILL, PALLONE, PYLE, J. TAYLOR, THOMAS, WALKO, YOUNGBLOOD,
GOODMAN, KORTZ, STURLA AND SIPTROTH, APRIL 2, 2007
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 2, 2007
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for theft of motor fuel.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3929(b)(1.1) and (c) of Title 18 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 3929. Retail theft.
9 * * *
10 (b) Grading.--
11 * * *
12 (1.1) Any person who is convicted under subsection (a)
13 of retail theft of motor fuel may, in addition to any other
14 penalty imposed, be sentenced as follows:
15 (i) For a first offense, to pay a fine of not less
16 than $100 nor more than $250[.], and the court shall
17 order the operating privilege of the person suspended for
1 30 days.
2 (ii) For a second offense, to pay a fine of not less
3 than $250 nor more than $500[.], and the court shall
4 order the operating privilege of the person suspended for
5 60 days.
6 (iii) For a third or subsequent offense, to pay a
7 fine of not less than $500, [or the court may] and the
8 court shall order the operating privilege of the person
9 suspended for [30 days] six months. [A copy of the order
10 shall be transmitted to the Department of
11 Transportation.]
12 A copy of the order suspending a person's operating privilege
13 shall be transmitted to the Department of Transportation.
14 * * *
15 (c) Presumptions.--
16 (1) Any person intentionally concealing unpurchased
17 property of any store or other mercantile establishment,
18 either on the premises or outside the premises of such store,
19 shall be prima facie presumed to have so concealed such
20 property with the intention of depriving the merchant of the
21 possession, use or benefit of such merchandise without paying
22 the full retail value thereof within the meaning of
23 subsection (a), and the finding of such unpurchased property
24 concealed, upon the person or among the belongings of such
25 person, shall be prima facie evidence of intentional
26 concealment, and, if such person conceals, or causes to be
27 concealed, such unpurchased property, upon the person or
28 among the belongings of another, such fact shall also be
29 prima facie evidence of intentional concealment on the part
30 of the person so concealing such property.
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1 (2) In addition to any presumption applying under
2 paragraph (1), the following shall apply to the retail theft
3 of motor fuel:
4 (i) Any person driving off of the premises of a
5 store after obtaining motor fuel, without paying the full
6 retail value of the motor fuel within the meaning of
7 subsection (a), shall be prima facie presumed to have
8 taken the motor fuel with the intention of depriving the
9 merchant of the possession, use or benefit of the motor
10 fuel without paying the full retail value of the motor
11 fuel within the meaning of subsection (a).
12 (ii) The registered owner, lessee or renter of a
13 vehicle that was involved in the retail theft of motor
14 fuel shall be prima facie presumed to have taken the
15 motor fuel with the intention of depriving the merchant
16 of the possession, use or benefit of the motor fuel
17 without paying the full retail value of the motor fuel
18 within the meaning of subsection (a).
19 * * *
20 Section 2. Section 8308(c) of Title 42 is amended and the
21 section is amended by adding a subsection to read:
22 § 8308. Damages in actions on retail theft.
23 * * *
24 (a.1) Information involving retail theft of motor fuel.--
25 Upon provision of the registration plate number of a vehicle
26 that was involved in the retail theft of motor fuel, the
27 plaintiff shall have the right to obtain from the local police
28 or, if there is no local police department, the Pennsylvania
29 State Police, the name and address of the registered owner,
30 lessee or renter of the vehicle that was involved in order to
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1 send a notice to the defendant under subsection (d) or for use
2 in a civil action under this section against the registered
3 owner, lessee or renter of the vehicle or another person
4 involved in the retail theft of the motor fuel. Any use of the
5 information by the plaintiff not provided for under this
6 subsection shall constitute a misdemeanor of the first degree.
7 * * *
8 (c) Criminal disposition.--Criminal prosecution under 18
9 Pa.C.S. § 3929 is not a prerequisite to the applicability of
10 this section. The initiation, maintenance or discontinuance of a
11 civil action under this section shall not effect the initiation,
12 maintenance or discontinuance of a criminal prosecution under 18
13 Pa.C.S. § 3929.
14 * * *
15 Section 3. This act shall take effect in 60 days.
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