THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DERMODY, KULA, REICHLEY, SIPTROTH, KOTIK, BURNS, STABACK, HALUSKA, FABRIZIO, KORTZ, PALLONE, J. TAYLOR, BRENNAN, K. SMITH, McGEEHAN, MUSTIO, GODSHALL, BELFANTI, HORNAMAN, O'NEILL, CARROLL, JOSEPHS, VULAKOVICH, DeLUCA, HENNESSEY, W. KELLER AND GROVE, APRIL 29, 2009

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 29, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for the offense of

identity theft.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "document" in section 4120(f)

of Title 18 of the Pennsylvania Consolidated Statutes is amended

and the section is amended by adding definitions to read:

§ 4120.  Identity theft.

* * *

(f)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Document."  Any writing, including, but not limited to,

birth certificate, Social Security card, driver's license,

nondriver government-issued identification card, baptismal

certificate, access device card, employee identification card,

school identification card or other identifying information

recorded by any other method, including, but not limited to,

information stored on any computer, computer disc, computer

printout, computer system, radio frequency identification

system, or part thereof, or by any other mechanical or

electronic means.

"Identify."  To establish the personal information of an

individual or other identifying characteristic of an individual,

including information linking an individual to previous

transactions or activities.

* * *

"Radio frequency identification" or "RFID."  A technology

that incorporates the use of electromagnetic or electrostatic

coupling in the radio frequency portion of the electromagnetic

spectrum that can be used to identify any object or person. This

includes, but is not limited to, any device including a reader

and tag that passively or actively uses radio frequency

identification technology that does not require physical contact

between the tag and reader in order to transmit data.

"Radio frequency identification reader" or "reader."  A

device capable of reading, activating, triggering or receiving

information or data from a radio frequency identification tag.

"Radio frequency identification system" or "RFID system."  A

combination of devices, including, but not limited to, readers,

tags, transmitters, processors, antennae, computers, visual

displays and automated checkout systems that enable the owner or

user of the devices to track, monitor, record, identify,

process, charge for, surveil, read, encode, decode or disable a

radio frequency identification tag.

"Radio frequency identification tag" or "tag."  An identifier

comprised of tags, product codes, chips, circuits or other

triggering devices which contain identification information,

data signals or other information related to the product,

manufacturer, contents, serial number, date, purchaser, seller,

destination, origin, package, carton, material, object or person

to which they are attached, embedded or associated, and which

information, including personal information or data, is capable

of being wirelessly transmitted to or read by a radio frequency

identification reader or RFID system.

Section 2.  This act shall take effect in 60 days.