PRINTER'S NO. 3927
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2595
Session of
2020
INTRODUCED BY THOMAS, RYAN, TOMLINSON, JONES, ROZZI, WARREN,
CIRESI, DeLUCA, READSHAW, KORTZ AND B. MILLER, JUNE 15, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 15, 2020
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in theft and related offenses,
providing for the offense of theft of mail.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3936. Theft of mail.
(a) Movable property.--A person is guilty of the offense of
theft of mail if the person unlawfully takes, or exercises
unlawful control over, mail of another person with intent to
deprive the other person of mail.
(b) Immovable property.--A person is guilty of the offense
of theft of mail if the person unlawfully transfers, or
exercises unlawful control over, mail of another person or an
interest in mail of the other person with intent to benefit the
person or another person not entitled to the mail or interest in
the mail.
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(c) Grading.--
(1) Theft of mail constitutes a:
(i) Summary offense if the offense is a first
offense and the value of the merchandise is less than
$150.
(ii) Misdemeanor of the second degree if the offense
is a second offense and the value of the merchandise is
less than $150.
(iii) Misdemeanor of the first degree if the offense
is a first or second offense and the value of the
merchandise is $150 or more.
(iv) Felony of the third degree if the offense is a
third or subsequent offense, regardless of the value of
the merchandise.
(v) Felony of the third degree if the amount
involved exceeds $1,000.
(2) Amounts involved in thefts of mail committed
pursuant to one scheme or course of conduct, whether from the
same home or establishment or several homes or
establishments, may be aggregated in determining the grade of
the offense.
(d) Calculation of prior offenses.--For the purposes of this
section, in determining whether an offense is a first, second,
third or subsequent offense, the court shall include a
conviction, acceptance of Accelerated Rehabilitative Disposition
or other form of preliminary disposition, occurring before the
sentencing on the present violation, for an offense under this
section, an offense substantially similar to an offense under
this section or under the prior laws of this Commonwealth or a
similar offense under the statutes of any other state or of the
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United States.
(e) Fingerprinting.--Prior to the commencement of trial or
entry of plea of a defendant who is 16 years of age or older and
accused of the summary offense of theft of mail, the issuing
authority shall order the defendant to submit within five days
of the order for fingerprinting by the municipal police
department of the jurisdiction in which the offense allegedly
was committed or the Pennsylvania State Police. The following
shall apply:
(1) Fingerprints so obtained shall be forwarded
immediately to the Pennsylvania State Police for
determination as to whether or not the defendant previously
has been convicted of the offense of theft of mail.
(2) The results of the determination under paragraph (1)
shall be forwarded to the police department obtaining the
fingerprints, if the police department is the prosecutor, or
to the issuing authority if the prosecutor is other than a
police officer.
(3) The issuing authority may not proceed with the trial
or plea in summary cases until in receipt of the
determination made by the Pennsylvania State Police.
(4) The magisterial district judge shall use the
information obtained solely for the purpose of grading the
offense in accordance with subsection (c).
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Mail." A letter, package, bag, mail or item of value sent
or delivered through a private or commercial interstate carrier,
including, but not limited to, the United States Postal Service,
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FedEx Corporation and United Parcel Service.
Section 2. This act shall take effect in 60 days.
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