1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, providing for benefit transfer device 
3fraud.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 18 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 4121. Benefit transfer device fraud.

9(a) Offense defined.--A person commits an offense if the
10person is an unauthorized alien and possesses, uses or attempts
11to use a benefit transfer device.

12(b) Separate offenses.--Each time a person possesses or uses
13a benefit transfer device in violation of subsection (a)
14constitutes a separate offense under this section.

15(c) Grading.--A person who violates subsection (a) commits a
16felony of the third degree.

1(d) Definitions.--As used in this section, the following
2words and phrases shall have the meanings given to them in this
3subsection:

4"Benefit transfer device." The Pennsylvania ACCESS card or
5electronic benefit transfer card.

6"Unauthorized alien." An alien who is not eligible for any
7State or local benefits under section 411(a) of the Personal
8Responsibility and Work Opportunity Reconciliation Act of 1996
9(Public Law 104-193, 8 U.S.C. § 1621(a)).

10Section 2. This act shall take effect in 60 days.