| PRINTER'S NO. 357 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 426 | Session of 2013 |
INTRODUCED BY COSTA, KITCHEN, BROWNE, STACK, FONTANA, BREWSTER, VULAKOVICH, WASHINGTON, ALLOWAY, SOLOBAY, RAFFERTY, FERLO, HUGHES AND TARTAGLIONE, FEBRUARY 5, 2013
REFERRED TO JUDICIARY, FEBRUARY 5, 2013
AN ACT
1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for grading the
3offense of deceptive or fraudulent business practices.
4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:
6Section 1. Section 4107(a.1)(1) of Title 18 of the
7Pennsylvania Consolidated Statutes is amended and the section is
8amended by adding subsections to read:
9§ 4107. Deceptive or fraudulent business practices.
10* * *
11(a.1) Grading of offenses.--
12(1) A violation of this section, except for subsection
13(a)(10), constitutes:
14(i) a [felony of the third degree if the amount
15involved exceeds $2,000;] felony:
16(A) of the first degree if the amount involved
17is $500,000 or more;
18(B) of the second degree if the amount involved
1is $100,000 or more but less than $500,000; or
2(C) of the third degree if the amount involved
3is $2,000 or more but less than $100,000; or
4(ii) a [misdemeanor of the first degree if the
5amount involved is $200 or more but $2,000 or less;
6(iii) a misdemeanor of the second degree if the
7amount involved is less than $200; or
8(iv) when the amount involved cannot be
9satisfactorily ascertained, the offense constitutes a
10misdemeanor of the second degree.] misdemeanor:
11(A) of the first degree if the amount is $200 or
12more but less than $2,000;
13(B) of the second degree if the amount is less
14than $200; or
15(C) of the second degree if the amount involved
16cannot be satisfactorily ascertained.
17* * *
18(d) Sentencing enhancement for offenses involving public
19funds or breach of a fiduciary duty.--Notwithstanding section
201103 (relating to sentence of imprisonment for felony), the
21maximum term of imprisonment for an offense graded under this
22section may be increased by a term of imprisonment of up to five
23years when the offense is from a political subdivision, local
24authority or a public or private charitable organization or when
25the offense constitutes a breach of fiduciary duty.
26(e) Definitions.--As used in this section, the term
27"charitable organization" has the meaning given in section 3 of
28the act of December 19, 1990 (P.L.1200, No.202), known as the
29Solicitation of Funds for Charitable Purposes Act.
30Section 2. This act shall take effect in 60 days.