1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for grading of theft
3offenses.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 3903 of Title 18 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 3903. Grading of theft offenses.

9(a) Felony of the second degree.--Theft constitutes a felony
10of the second degree if:

11(1) The offense is committed during a manmade disaster,
12a natural disaster or a war-caused disaster and constitutes a
13violation of section 3921 (relating to theft by unlawful
14taking or disposition), 3925 (relating to receiving stolen
15property), 3928 (relating to unauthorized use of automobiles
16and other vehicles) or 3929 (relating to retail theft).

17(2) The property stolen is a firearm.

18(3) In the case of theft by receiving stolen property,

1the property received, retained or disposed of is a firearm.

2(4) The property stolen is any amount of anhydrous
3ammonia.

4(5) The amount involved is $100,000 or more but less
5than $500,000.

6(a.1) Felony of the third degree.--Except as provided in
7subsection (a) or (a.2), theft constitutes a felony of the third
8degree if the amount involved exceeds $2,000, or if the property
9stolen is an automobile, airplane, motorcycle, motorboat or
10other motor-propelled vehicle, or in the case of theft by
11receiving stolen property, if the receiver is in the business of
12buying or selling stolen property.

13(a.2) Felony of the first degree.--[Theft] Except as 
14provided in subsections (a) and (a.1), theft constitutes a
15felony of the first degree if[,]:

16(1) in the case of theft by receiving stolen property,
17the property received, retained or disposed of is a firearm
18and the receiver is in the business of buying or selling
19stolen property[.]; or

20(2) the amount involved is $500,000 or more.

21(b) Other grades.--Theft not within subsection (a), (a.1) or 
22(a.2), constitutes a misdemeanor of the first degree, except
23that if the property was not taken from the person or by threat,
24or in breach of fiduciary obligation, and:

25(1) the amount involved was $50 or more but less than
26$200 the offense constitutes a misdemeanor of the second
27degree; or

28(2) the amount involved was less than $50 the offense
29constitutes a misdemeanor of the third degree.

30(c) Valuation.--The amount involved in a theft shall be

1ascertained as follows:

2(1) Except as otherwise specified in this section, value
3means the market value of the property at the time and place
4of the crime, or if such cannot be satisfactorily
5ascertained, the cost of replacement of the property within a
6reasonable time after the crime.

7(2) Whether or not they have been issued or delivered,
8certain written instruments, not including those having a
9readily ascertainable market value such as some public and
10corporate bonds and securities, shall be evaluated as
11follows:

12(i) The value of an instrument constituting an
13evidence of debt, such as a check, draft or promissory
14note, shall be deemed the amount due or collectible
15thereon or thereby, such figure ordinarily being the face
16amount of the indebtedness less any portion thereof which
17has been satisfied.

18(ii) The value of any other instrument which
19creates, releases, discharges or otherwise affects any
20valuable legal right, privilege or obligation shall be
21deemed the greatest amount of economic loss which the
22owner of the instrument might reasonably suffer by virtue
23of the loss of the instrument.

24(3) When the value of property cannot be satisfactorily
25ascertained pursuant to the standards set forth in paragraphs
26(1) and (2) of this subsection its value shall be deemed to
27be an amount less than $50. Amounts involved in thefts
28committed pursuant to one scheme or course of conduct,
29whether from the same person or several persons, may be
30aggregated in determining the grade of the offense.

1(c.1) Sentencing enhancement for theft of public funds or
2theft in breach of a fiduciary duty.--Notwithstanding section
31103 (relating to sentence of imprisonment for felony), the
4maximum term of imprisonment for an offense graded under this
5section may be increased by a term of imprisonment of up to five
6years when the theft is from a political subdivision, local
7authority or public or private charitable organization or when
8the theft constitutes a breach of fiduciary duty.

9(d) Definitions.--As used in this section, the following
10words and phrases shall have the meanings given to them in this
11subsection:

12"Charitable organization." Any person granted tax exempt
13status under section 501(c)(3) of the Internal Revenue Code of
141986 (Public Law 99-514, 26 U.S.C. 501(c)(3)) or any person who
15is or holds himself out to be established for any charitable
16purpose or any person who in any manner employs a charitable
17appeal as the basis of any solicitation or an appeal which has
18the tendency to suggest there is a charitable purpose to any
19solicitation. The term includes:

20(1) An affiliate of a charitable organization which has
21its principal place of business outside this Commonwealth.

22(2) A bona fide duly constituted organization of law
23enforcement personnel, firefighters or other personnel who
24protect the public safety.

25(3) A fraternal benefit society.

26"Manmade disaster." Any industrial, nuclear or
27transportation accident, explosion, conflagration, power
28failure, natural resource shortage or other condition, except
29enemy action, resulting from manmade causes, such as oil spills
30and other injurious environmental contamination, which threatens

1or causes substantial damage to property, human suffering,
2hardship or loss of life.

3"Natural disaster." Any hurricane, tornado, storm, flood,
4high water, wind-driven water, tidal wave, earthquake,
5landslide, mudslide, snowstorm, drought, fire, explosion or
6other catastrophe which results in substantial damage to
7property, hardship, suffering or possible loss of life.

8"Person." Any individual, organization, corporation,
9association, partnership, trust, foundation or any other entity
10however styled.

11"War-caused disaster." Any condition following an attack
12upon the United States resulting in substantial damage to
13property or injury to persons in the United States caused by use
14of bombs, missiles, shellfire, nuclear, radiological, chemical
15or biological means, or other weapons or overt paramilitary
16actions, or other conditions such as sabotage.

17Section 2. This act shall take effect in 60 days.