THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BARBIN, BEYER, CALTAGIRONE, CLYMER, GEORGE, GROVE, HORNAMAN, JOSEPHS, KORTZ, KOTIK, LONGIETTI, MANN, PASHINSKI, PETRARCA, READSHAW, SIPTROTH, STURLA, WHITE, YOUNGBLOOD, GOODMAN, VULAKOVICH, BRENNAN, MILNE AND SOLOBAY, FEBRUARY 13, 2009

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 13, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, defining "licensing board" and

"professional or occupational license"; and defining the

offense of impersonating the holder of a professional or

occupational license.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4501 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 4501.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this article which are applicable to specific

chapters or other provisions of this article, the following

words and phrases, when used in this article shall have, unless

the context clearly indicates otherwise, the meanings given to

them in this section:

* * *

"Licensing board."  Any of the following:

(1)  A board or commission:

(i)  which is empowered to license, certify or

register individuals as members of an occupation or

profession; and

(ii)  of which, the Commissioner of Professional and

Occupational Affairs is a member.

(2)  The State Board of Certified Real Estate Appraisers.

(3)  The Navigation Commission for the Delaware River and

its navigable tributaries.

* * *

"Professional or occupational license."  An authorization by

a licensing board to practice a profession or occupation.

(1)  The term includes:

(i)  an authorization that is inactive or expired;

and

(ii)  a temporary practice permit, license,

certification or registration.

(2)  The term does not include an authorization that has

been revoked or voluntarily surrendered.

* * *

Section 2.  Title 18 is amended by adding a section to read:

§ 4913.1.  Impersonating the holder of a professional or

occupational license.

(a)  Offense defined.--A person commits an offense if the

person does any of the following:

(1)  Falsely pretends to hold a professional or

occupational license issued by a licensing board.

(2)  Performs an act in furtherance of a false pretense

under paragraph (1).

(b)  Grading.--

(1)  Except as set forth in paragraph (2), an offense

under this section is a misdemeanor of the second degree.

(2)  If the intent of the actor is to harm, defraud or

injure anyone, an offense under this section is a felony of

the third degree.

Section 3.  This act shall take effect in 60 days.