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                                                       PRINTER'S NO. 177

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 156 Session of 2007


        INTRODUCED BY BAKER, ARGALL, CAUSER, PICKETT, BARRAR,
           BENNINGTON, BEYER, BOYD, CALTAGIRONE, CAPPELLI, CASORIO,
           CLYMER, DENLINGER, ELLIS, FABRIZIO, FAIRCHILD, GEIST, GEORGE,
           GILLESPIE, GOODMAN, GRELL, GRUCELA, HALUSKA, HARHAI, HARPER,
           HESS, HUTCHINSON, JAMES, JOSEPHS, KAUFFMAN, M. KELLER,
           KILLION, MAJOR, MANN, McGEEHAN, McILHATTAN, MELIO, MURT,
           NAILOR, O'NEILL, PAYNE, PERRY, PHILLIPS, PYLE, RAMALEY, RAPP,
           READSHAW, REICHLEY, ROHRER, ROSS, RUBLEY, SAINATO, SAMUELSON,
           SCAVELLO, SIPTROTH, SONNEY, STERN, R. STEVENSON, SWANGER,
           TRUE, WATSON, YOUNGBLOOD AND YUDICHAK, JANUARY 31, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for restitution for identity
     3     theft; and making a related repeal.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 18 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 1107.1.  Restitution for identity theft.
     9     (a)  General rule.--The court shall, in addition to any other
    10  restitution sentence or order authorized by law, sentence a
    11  person convicted of a violation of section 4106 (relating to
    12  access device fraud) or 4120 (relating to identity theft) to
    13  make restitution for all reasonable expenses incurred by the
    14  victim or on the victim's behalf:


     1         (1)  to investigate theft of the victim's identity;
     2         (2)  to bring or defend civil or criminal actions related
     3     to theft of the victim's identity; or
     4         (3)  to take other efforts to correct the victim's credit
     5     record or negative credit reports related to theft of the
     6     victim's identity.
     7     (b)  Types of expenses.--The types of expenses recoverable
     8  under this section include, but are not limited to:
     9         (1)  fees for professional services by attorneys or
    10     accountants;
    11         (2)  fees and costs imposed by credit bureaus, associated
    12     with efforts to correct the victim's credit record, incurred
    13     in private investigations or associated with contesting
    14     unwarranted debt collections; and
    15         (3)  court costs and filing fees.
    16     Section 2.  Repeals are as follows:
    17         (1)  The General Assembly declares that the repeal under
    18     paragraph (2) is necessary to effectuate the addition of 18
    19     Pa.C.S. § 1107.1.
    20         (2)  The provisions of 42 Pa.C.S. § 9720.1 are repealed.
    21     Section 3.  This act shall take effect in 60 days.






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