PRIOR PRINTER'S NO. 2759 PRINTER'S NO. 3860
No. 2081 Session of 2001
INTRODUCED BY McGEEHAN, M. BAKER, ROBINSON, BROWNE, CAPPELLI,
CASORIO, CORRIGAN, CRUZ, DALEY, DeLUCA, FAIRCHILD, GEIST,
GODSHALL, HARHAI, HERMAN, HORSEY, JOSEPHS, KIRKLAND, LEDERER,
LUCYK, MANN, MELIO, PETRONE, RAYMOND, ROONEY, RUBLEY,
SAINATO, SCHRODER, SOLOBAY, STABACK, STEELMAN, R. STEVENSON,
SURRA, TANGRETTI, E. Z. TAYLOR, J. TAYLOR, TIGUE, TRELLO,
TRICH, WILT, WOGAN, WOJNAROSKI, YOUNGBLOOD, DONATUCCI,
OLIVER, RIEGER, WASHINGTON, CURRY, THOMAS, G. WRIGHT,
PISTELLA, PALLONE, J. WILLIAMS, MANDERINO, WATERS, FLICK,
JAMES, L. I. COHEN, CALTAGIRONE, WATSON, PIPPY, HANNA AND
EGOLF, OCTOBER 24, 2001
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 7, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for identity theft
3 and for requirements for governmental access to certain
4 electronic communications.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 4120 4120(C) of Title 18 of the <--
8 Pennsylvania Consolidated Statutes is amended AND THE SECTION IS <--
9 AMENDED by adding subsections to read:
10 § 4120. Identity theft.
11 * * *
12 (e.1) Sentencing.--In sentencing a defendant convicted of an <--
13 offense under this section, the court shall, in addition to any
14 other penalties provided by law, order that the defendant make
1 restitution for economic loss sustained by a victim as a result
2 of such offense. In addition to the victim's out-of-pocket
3 costs, such restitution shall include payment of any other
4 costs, including attorney fees incurred by the victim in
5 clearing the victim's credit history or credit rating, and any
6 costs incurred in connection with any civil or administrative
7 proceeding to satisfy any debt, lien or other obligation of the
8 victim arising as a result of the actions of the defendant. If a
9 person ordered to make restitution pursuant to this section is
10 found to be indigent and therefore unable to make restitution in
11 full at the time of conviction, the court shall order a periodic
12 payment plan consistent with the person's financial ability.
13 (C) GRADING.--THE OFFENSES SHALL BE GRADED AS FOLLOWS: <--
14 (1) [A] EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3), A
15 FIRST OFFENSE UNDER THIS SECTION IS A [MISDEMEANOR OF THE
16 FIRST DEGREE], FELONY OF THE THIRD DEGREE AND A SECOND OR
17 SUBSEQUENT OFFENSE UNDER THIS SECTION IS A FELONY OF THE
18 [THIRD] SECOND DEGREE.
19 (2) WHEN A PERSON COMMITS AN OFFENSE UNDER SUBSECTION
20 (A) AND THE VICTIM OF THE OFFENSE IS 60 YEARS OF AGE OR
21 OLDER, THE GRADING OF THE OFFENSE SHALL BE [ONE GRADE HIGHER
22 THAN SPECIFIED IN PARAGRAPH (1)] A FELONY OF THE SECOND
23 DEGREE.
24 (3) WHEN A PERSON COMMITS AN OFFENSE UNDER SUBSECTION
25 (A) AND THE VICTIM OF THE OFFENSE IS PHYSICALLY OR MENTALLY
26 CHALLENGED, THE GRADING OF THE OFFENSE SHALL BE A FELONY OF
27 THE SECOND DEGREE.
28 * * *
29 (e.2) (E.1) Findings of fact and related court orders.--The <--
30 sentencing court shall issue written findings of fact and may
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1 issue orders as are necessary to correct a public record that
2 contains false information as a result of the theft of identity.
3 In any case in which the defendant has used the identity of
4 another person to commit a crime, and is convicted of that
5 additional crime, the court records shall reflect that the
6 person whose identity was falsely used to commit the crime did
7 not commit the crime.
8 (e.3) Initiation of investigation.--A person who has learned <--
9 or reasonably suspects that the person's identifying information
10 has been used by another in a manner that appears to violate
11 this section may initiate a law enforcement investigation by
12 contacting the police department that has jurisdiction over the
13 person's actual residence or, if there is none, then the
14 Pennsylvania State Police, which shall take a police report of
15 the matter, provide the complainant with a copy of that report
16 and begin an investigation of the facts or, if the suspected
17 crime was committed in a different jurisdiction, refer the
18 matter to the law enforcement agency where the suspected crime
19 was committed for an investigation of the facts.
20 (e.4) Factual innocence determination.--A person who
21 reasonably believes that the person is the victim of identity
22 theft under this section may petition the court of common pleas
23 for an expedited judicial determination of the person's factual
24 innocence, where the perpetrator of the identity theft has
25 committed a crime or is committing crimes under the victim's
26 identity, or where the victim's identity has been mistakenly
27 associated with a record of criminal conviction. Any judicial
28 determination of factual innocence made pursuant to this section
29 may be heard and determined upon declarations, affidavits,
30 police reports or other material, relevant and reliable
20010H2081B3860 - 3 -
1 information submitted by the parties. If the court determines
2 that the petition is meritorious and there is no reasonable
3 cause to believe that the petitioner committed the offense or
4 offenses in question, the court shall find the petitioner
5 factually innocent of that offense or offenses. If the
6 petitioner is found factually innocent, the court shall issue an
7 order certifying this determination. A court issuing a
8 determination of factual innocence pursuant to this section may
9 at any time vacate that determination if the petition, or any
10 information submitted in support of the petition, is found to
11 contain any material misrepresentation or fraud.
12 * * *
13 (E.2) VENUE.--ANY OFFENSE COMMITTED UNDER SUBSECTION (A) MAY <--
14 BE DEEMED TO HAVE BEEN COMMITTED AT ANY OF THE FOLLOWING:
15 (1) THE PLACE WHERE A PERSON POSSESSED OR USED THE
16 IDENTIFYING INFORMATION OF ANOTHER WITHOUT THAT OTHER'S
17 CONSENT TO FURTHER ANY UNLAWFUL PURPOSE;
18 (2) AT THE RESIDENCE OF THE PERSON WHOSE IDENTIFYING
19 INFORMATION HAS BEEN LOST OR STOLEN OR HAS BEEN USED WITHOUT
20 THE PERSON'S CONSENT; OR
21 (3) IF THE IDENTIFYING INFORMATION AT ISSUE IS
22 ASSOCIATED WITH THE PERSON'S BUSINESS OR EMPLOYMENT, THEN AT
23 THE BUSINESS OR EMPLOYMENT ADDRESS OF THE PERSON WHOSE
24 IDENTIFYING INFORMATION HAS BEEN LOST OR STOLEN OR HAS BEEN
25 USED WITHOUT THE PERSON'S CONSENT.
26 Section 2. Section 5743(d) of Title 18 is amended to read:
27 § 5743. Requirements for governmental access.
28 * * *
29 (d) Requirements for court order.--A court order for
30 disclosure under subsection (b) or (c) shall be issued only if
20010H2081B3860 - 4 -
1 the investigative or law enforcement officer shows that there
2 are specific and articulable facts showing that there are
3 reasonable grounds to believe that the contents of a wire or
4 electronic communication, or the records or other information
5 sought, are relevant and material to an ongoing criminal
6 investigation. A court issuing an order pursuant to this
7 section, on a motion made promptly by the service provider, may
8 quash or modify the order if the information or records
9 requested are unusually voluminous in nature or compliance with
10 the order would otherwise cause an undue burden on the provider.
11 A provider of electronic communication service doing business in
12 this Commonwealth must appoint and maintain an agent to accept
13 and comply with orders issued pursuant to this section and must
14 register the agent's name and street address with the Secretary
15 of the Commonwealth.
16 * * *
17 Section 3. This act shall take effect in 60 days.
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