HOUSE AMENDED PRIOR PRINTER'S NOS. 952, 1225, 1814 PRINTER'S NO. 1918
No. 849 Session of 1999
INTRODUCED BY GREENLEAF, O'PAKE, HART, BOSCOLA, COSTA, HOLL, ROBBINS, SALVATORE, SCHWARTZ AND SLOCUM, APRIL 27, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 2, 2000
AN ACT 1 Amending Title 18 (Crimes and Offenses) 42 (JUDICIARY AND <-- 2 JUDICIAL PROCEDURE) of the Pennsylvania Consolidated 3 Statutes, providing for the offense of theft of identity. <-- 4 RESTITUTION FOR IDENTITY THEFT. <-- 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Title 18 42 of the Pennsylvania Consolidated <-- 8 Statutes is amended by adding a section to read: 9 § 4104.1. Theft of identity. <-- 10 (a) Offense defined.--A person commits an offense if he 11 knowingly and with intent to defraud, obtains, possesses, 12 records, transfers, uses or attempts to obtain, record, transfer 13 or use the personal identifying information of another person 14 without the consent of that other person. 15 (b) Grading.--A first offense under this section is a felony 16 of the third degree and a second and subsequent offense under 17 this section is a felony of the second degree.
1 (1) In addition any penalty imposed herein, a person who 2 violates this section shall be ordered by the court to pay 3 restitution to the victim pursuant to section 1106 (relating 4 to restitution for injuries to person or property). 5 (2) In prosecutions under subsection (a), if the 6 offender possesses identifying information of more than one 7 person, the identifying information relating to each person 8 shall be considered a separate offense. 9 (3) Where a person commits an offense under subsection 10 (a) and the victim of the offense is 60 years of age or 11 older, the grading of the offense shall be one grade higher 12 than specified herein. 13 (c) Concurrent jurisdiction to prosecute.--In addition to 14 the authority conferred upon the Attorney General by the act of 15 October 15, 1980 (P.L.950, No.164), known as the Commonwealth 16 Attorneys Act, the Attorney General shall have the authority to 17 investigate and to institute criminal proceedings for any 18 violation of this section or any series of such violations 19 involving more than one county of this Commonwealth and/or 20 another state. No person charged with a violation of this 21 section by the Attorney General shall have standing to challenge 22 the authority of the Attorney General to investigate or 23 prosecute the case, and, if any such challenge is made, the 24 challenge shall be dismissed and no relief shall be made 25 available in the courts of this Commonwealth to the person 26 making the challenge. 27 (d) Definition.--As used in this section, the term "personal 28 identifying information" includes, but is not limited to: 29 (1) Name. 30 (2) Birth date. 19990S0849B1918 - 2 -
1 (3) Address. 2 (4) Telephone number. 3 (5) Social Security number. 4 (6) Driver's license number. 5 (7) Checking account number. 6 (8) Savings account number. 7 (9) Mother's maiden name. 8 (10) Debit card number. 9 (11) Personal identification number. 10 (12) Electronic identification number. 11 (13) Any other number or information that can be used to 12 access a person's financial resources. 13 Section 2. This act shall take effect in 60 days. 14 § 4120 9720.1. RESTITUTION FOR IDENTITY THEFT. <-- 15 (A) GENERAL RULE.--THE COURT MAY, IN ADDITION TO ANY OTHER 16 RESTITUTION SENTENCE OR ORDER AUTHORIZED BY LAW, SENTENCE A 17 PERSON CONVICTED OF THE OFFENSE OF IDENTITY THEFT OF ANOTHER 18 PERSON TO MAKE RESTITUTION FOR ALL REASONABLE EXPENSES INCURRED 19 BY THE VICTIM OR ON THE VICTIM'S BEHALF: 20 (1) TO INVESTIGATE THEFT OF THE VICTIM'S IDENTITY; 21 (2) TO BRING OR DEFEND CIVIL OR CRIMINAL ACTIONS RELATED 22 TO THEFT OF THE VICTIM'S IDENTITY; OR 23 (3) TO TAKE OTHER EFFORTS TO CORRECT THE VICTIM'S CREDIT 24 RECORD OR NEGATIVE CREDIT REPORTS RELATED TO THEFT OF THE 25 VICTIM'S IDENTITY. 26 (B) TYPES OF EXPENSES.--THE TYPES OF EXPENSES THAT MAY BE 27 RECOVERABLE UNDER THIS SECTION INCLUDE, BUT ARE NOT LIMITED TO: 28 (1) ATTORNEY FEES; 29 (2) FEES AND COSTS IMPOSED BY CREDIT BUREAUS, ASSOCIATED 30 WITH EFFORTS TO CORRECT THE VICTIM'S CREDIT RECORD OR 19990S0849B1918 - 3 -
1 INCURRED IN PRIVATE INVESTIGATIONS; AND 2 (3) COURT COSTS AND FILING FEES; 3 REGARDLESS OF WHETHER THE EXPENSES ARE CHARGED OR BILLED TO THE 4 VICTIM OR ANY PERSON ACTING ON THE VICTIM'S BEHALF OR AS THE 5 VICTIM'S REPRESENTATIVE AND REGARDLESS OF WHETHER ANY SUCH 6 EXPENSE HAS BEEN PAID. 7 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. C30L18DMS/19990S0849B1918 - 4 -