PRINTER'S NO. 911
No. 786 Session of 2007
INTRODUCED BY STACK, RAFFERTY, STOUT, TARTAGLIONE, FONTANA,
WASHINGTON, LOGAN, C. WILLIAMS, COSTA, KASUNIC, BROWNE AND
RHOADES, APRIL 27, 2007
REFERRED TO JUDICIARY, APRIL 27, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of theft of
3 prescriptions or prescription order forms.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 3935. Theft of prescriptions or prescription order forms.
9 (a) Offense defined.--A person commits the offenses of theft
10 of prescriptions or prescription order forms if he:
11 (1) unlawfully takes possession of or exercises control
12 over a prescription or prescription order form for a
13 controlled substance or other drug prescribed by a
14 practitioner for an ultimate user with the intent to deprive
15 the ultimate user of the use of the controlled substance; or
16 (2) unlawfully takes possession of or exercises control
17 over blank prescriptions or prescription order forms for a
18 controlled substance or other drug used by a practitioner for
1 purposes of prescribing controlled substances with the intent
2 to deprive the practitioner thereof.
3 (b) Grading.--An offense under this section constitutes a
4 felony of the third degree.
5 (c) Definitions.--As used in this section, the following
6 words and phrases shall have the meanings given to them in this
7 subsection:
8 "Controlled substance." As defined in the act of April 14,
9 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
10 Device and Cosmetic Act.
11 "Drug." As defined in the act of April 14, 1972 (P.L.233,
12 No.64), known as The Controlled Substance, Drug, Device and
13 Cosmetic Act.
14 "Practitioner." As defined in the act of April 14, 1972
15 (P.L.233, No.64), known as The Controlled Substance, Drug,
16 Device and Cosmetic Act.
17 "Prescription" or "prescription order." As defined in the
18 act of April 14, 1972 (P.L.233, No.64), known as The Controlled
19 Substance, Drug, Device and Cosmetic Act.
20 "Ultimate user." As defined in the act of April 14, 1972
21 (P.L.233, No.64), known as The Controlled Substance, Drug,
22 Device and Cosmetic Act.
23 Section 2. This act shall take effect in 60 days.
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