S0527B1265A03220 DMS:JMT 12/11/23 #90 A03220
AMENDMENTS TO SENATE BILL NO. 527
Sponsor: REPRESENTATIVE BRIGGS
Printer's No. 1265
Amend Bill, page 1, line 6, by striking out "DEFINITIONS" and
inserting
the offense of theft of mail
Amend Bill, page 1, lines 9 through 19; pages 2 and 3, lines
1 through 30; page 4, line 1; by striking out all of said lines
on said pages and inserting
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3936. Theft of mail.
(a) Unlawful taking.--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) Unlawful transfer.--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.
(c) Grading.--
(1) Theft of mail constitutes a:
(i) Summary offense if the offense is a first
offense and the value of the mail is less than $200.
(ii) Misdemeanor of the second degree if the offense
is a second offense and the value of the mail is less
than $200.
(iii) Misdemeanor of the first degree if the offense
is a first or second offense and the value of the mail is
$200 or more.
(iv) Felony of the third degree if the offense is a
third or subsequent offense or if the value of the mail
exceeds $2,000 .
(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
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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
United States.
(e) 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,
FedEx Corporation and United Parcel Service.
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