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.
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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
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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.
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