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                                                      PRINTER'S NO. 1371

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1120 Session of 2007


        INTRODUCED BY RAMALEY, NAILOR, READSHAW, BARRAR, BIANCUCCI,
           BOYD, COHEN, COSTA, COX, GOODMAN, HERSHEY, HORNAMAN, JAMES,
           JOSEPHS, KOTIK, LEACH, MILLARD, PETRARCA, PRESTON, SCAVELLO,
           SOLOBAY, STERN, TANGRETTI, THOMAS, WALKO, WANSACZ AND
           SIPTROTH, APRIL 23, 2007

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 23, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, defining "licensing board" and
     3     "professional or occupational license"; and defining the
     4     offense of impersonating the holder of a professional or
     5     occupational license.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 4501 of Title 18 of the Pennsylvania
     9  Consolidated Statutes is amended by adding definitions to read:
    10  § 4501.  Definitions.
    11     Subject to additional definitions contained in subsequent
    12  provisions of this article which are applicable to specific
    13  chapters or other provisions of this article, the following
    14  words and phrases, when used in this article shall have, unless
    15  the context clearly indicates otherwise, the meanings given to
    16  them in this section:
    17     * * *
    18     "Licensing board."  Any of the following:

     1         (1)  A board or commission:
     2             (i)  which is empowered to license, certify or
     3         register individuals as members of an occupation or
     4         profession; and
     5             (ii)  of which, the Commissioner of Professional and
     6         Occupational Affairs is a member.
     7         (2)  The State Board of Certified Real Estate Appraisers.
     8         (3)  The Navigation Commission for the Delaware River and
     9     its navigable tributaries.
    10     * * *
    11     "Professional or occupational license."  An authorization by
    12  a licensing board to practice a profession or occupation.
    13         (1)  The term includes:
    14             (i)  an authorization which is inactive or expired;
    15         and
    16             (ii)  a temporary practice permit, license,
    17         certification or registration.
    18         (2)  The term does not include an authorization which has
    19     been revoked or voluntarily surrendered.
    20     * * *
    21     Section 2.  Title 18 is amended by adding a section to read:
    22  § 4913.1.  Impersonating the holder of a professional or
    23             occupational license.
    24     (a)  Offense defined.--A person commits an offense if the
    25  person does any of the following:
    26         (1)  Falsely pretends to hold a professional or
    27     occupational license issued by a licensing board.
    28         (2)  Performs an act in furtherance of a false pretense
    29     under paragraph (1).
    30     (b)  Grading.--
    20070H1120B1371                  - 2 -     

     1         (1)  Except as set forth in paragraph (2), an offense
     2     under this section is a misdemeanor of the second degree.
     3         (2)  If the intent of the actor is to harm, defraud or
     4     injure anyone, an offense under this section is a felony of
     5     the third degree.
     6     Section 3.  This act shall take effect in 60 days.
















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