PRINTER'S NO. 3180
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2635
Session of
2022
INTRODUCED BY PARKER, BOBACK, HILL-EVANS, GUZMAN, DRISCOLL,
SANCHEZ, KINSEY, BURGOS, SCHLOSSBERG, N. NELSON, ROZZI,
MADDEN AND COVINGTON, JUNE 1, 2022
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 1, 2022
AN ACT
Amending the act of October 17, 2008 (P.L.1645, No.132),
entitled "An act providing for the regulation of home
improvement contracts and for the registration of certain
contractors; prohibiting certain acts; and providing for
penalties," further providing for definitions and for the
offense of home improvement fraud.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of October 17, 2008
(P.L.1645, No.132), known as the Home Improvement Consumer
Protection Act, is amended by adding definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Individual with a disability." An individual 18 years of
age or older who, because of a mental or physical incapacity, is
unable to properly manage or care for the individual's person,
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property or both.
* * *
"Qualified caregiver." An individual who is 18 years of age
or older and:
(1) a caregiver residing with an individual with a
disability;
(2) an agent under a durable power of attorney; or
(3) a court-appointed guardian of an individual with a
disability.
* * *
Section 2. Section 8(c)(4) of the act is amended to read:
Section 8. Home improvement fraud.
* * *
(c) Grading.--
* * *
(4) Where a person commits an offense under subsection
(a) and the victim is [60] 55 years of age or older, an
individual with a disability or a qualified caregiver, the
grading of the offense shall be one grade higher than
specified in paragraphs (1), (2) and (3). This paragraph
shall not be applicable to persons whose sentence would be
enhanced pursuant to paragraph (5).
* * *
Section 3. This act shall take effect in 60 days.
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