PRINTER'S NO. 1567
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1131
Session of
2015
INTRODUCED BY WARD, BROWNE, TEPLITZ, SCAVELLO, FOLMER,
EICHELBERGER, WHITE, VULAKOVICH, SCHWANK, McILHINNEY,
RAFFERTY, HAYWOOD, STEFANO, YUDICHAK, RESCHENTHALER, WAGNER,
MENSCH, WOZNIAK, VOGEL AND SCARNATI, MARCH 4, 2016
REFERRED TO JUDICIARY, MARCH 4, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in trade and commerce, further
providing for the offense of buying or exchanging Federal
food order coupons, stamps, authorization cards or access
devices and providing for the offense of unauthorized
possession of electronic benefits transfer cards.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7313 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 7313. Buying or exchanging [Federal food order coupons,
stamps, authorization cards or access devices]
electronic benefits transfer cards.
(a) Offense defined.--A person commits the offense of buying
or exchanging [Federal food order coupons, stamps, authorization
cards or access devices] electronic benefits transfer cards if
he, not being authorized to do so by the United States
Department of Agriculture, buys or exchanges [Federal food order
coupons, stamps, authorization cards or access devices]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
electronic benefits transfer cards for currency, or if he
accepts or causes to be accepted [Federal food order coupons,
stamps, authorization cards or access devices] electronic
benefits transfer cards in exchange for any merchandise or
article except food, as defined by the United States Department
of Agriculture, or [Federal food order coupons, stamps,
authorization cards or access devices] electronic benefits
transfer cards in exchange for merchandise or articles, not
defined by the United States Department of Agriculture to be
surplus foods.
(b) Grading.--A person who violates this section commits a
felony of the third degree if the amount involved is $1,000 or
more. If the amount involved is less than $1,000, the person
commits a misdemeanor of the first degree. Amounts involved in
buying or exchanging [Federal food order coupons, stamps,
authorization cards or access devices] electronic benefits
transfer cards committed pursuant to one scheme or course of
conduct, whether from the same person or several persons, shall
be aggregated in determining the grade of the offense.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
["Access device." The Pennsylvania ACCESS card or electronic
benefit transfer card.
"Authorization card." The paper authorization to participate
that a person signs and then exchanges for the designated amount
of food coupons at a bank.]
"Electronic benefits transfer card." The card issued to an
individual in order to grant access to public assistance cash or
Supplemental Nutrition Assistance Program benefits through an
20160SB1131PN1567 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
electronic delivery system.
Section 2. Title 18 is amended by adding a section to read:
§ 7313.1. Unauthorized possession of electronic benefits
transfer cards.
(a) Offense defined.--A person commits the offense of
unauthorized possession of electronic benefits transfer cards if
he, not being authorized to do so by the United States
Department of Agriculture, has in his possession three or more
electronic benefits transfer cards issued to other persons or
the numbers of three or more electronic benefits transfer cards
issued to other persons.
(b) Grading.--
(1) A person who violates this section commits a felony
of the third degree if in possession of between 3 and 24
electronic benefits transfer cards, inclusive, regardless of
to whom the electronic benefits transfer cards have been
issued.
(2) If in possession of 25 or more electronic benefits
transfer cards, regardless of to whom the electronic benefits
transfer cards have been issued, the person commits a felony
of the second degree.
(c) Reporting required.--The Office of Inspector General
shall report any violation of this section by a Supplemental
Nutrition Assistance Program licensed retailer to the United
States Department of Agriculture, Office of Inspector General.
(d) Definition.--As used in this section, the term
"electronic benefits transfer card" means a card issued to an
individual in order to grant access to public assistance cash or
Supplemental Nutrition Assistance Program benefits through an
electronic delivery system.
20160SB1131PN1567 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 3. This act shall take effect in 60 days.
20160SB1131PN1567 - 4 -
1