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.

1(3) In the case of theft by receiving stolen property,
2the property received, retained or disposed of is a firearm.

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

5(5) The amount involved is $100,000 or more but less
6than $500,000.

7(a.1) Felony of the third degree.--Except as provided in
8subsection (a) or (a.2), theft constitutes a felony of the third
9degree if the amount involved exceeds $2,000, or if the property
10stolen is an automobile, airplane, motorcycle, motorboat or
11other motor-propelled vehicle, or in the case of theft by
12receiving stolen property, if the receiver is in the business of
13buying or selling stolen property.

14(a.2) Felony of the first degree.--[Theft] Except as
15provided in subsections (a) and (a.1), theft constitutes a
16felony of the first degree if[,]:

17(1) in the case of theft by receiving stolen property,
18the property received, retained or disposed of is a firearm
19and the receiver is in the business of buying or selling
20stolen property[.]; or

21(2) the amount involved is $500,000 or more.

22(b) Other grades.--Theft not within subsection (a), (a.1) or
23(a.2), constitutes a misdemeanor of the first degree, except
24that if the property was not taken from the person or by threat,
25or in breach of fiduciary obligation, and:

26(1) the amount involved was $50 or more but less than
27$200 the offense constitutes a misdemeanor of the second
28degree; or

29(2) the amount involved was less than $50 the offense
30constitutes a misdemeanor of the third degree.

1(c) Valuation.--The amount involved in a theft shall be
2ascertained as follows:

3(1) Except as otherwise specified in this section, value
4means the market value of the property at the time and place
5of the crime, or if such cannot be satisfactorily
6ascertained, the cost of replacement of the property within a
7reasonable time after the crime.

8(2) Whether or not they have been issued or delivered,
9certain written instruments, not including those having a
10readily ascertainable market value such as some public and
11corporate bonds and securities, shall be evaluated as
12follows:

13(i) The value of an instrument constituting an
14evidence of debt, such as a check, draft or promissory
15note, shall be deemed the amount due or collectible
16thereon or thereby, such figure ordinarily being the face
17amount of the indebtedness less any portion thereof which
18has been satisfied.

19(ii) The value of any other instrument which
20creates, releases, discharges or otherwise affects any
21valuable legal right, privilege or obligation shall be
22deemed the greatest amount of economic loss which the
23owner of the instrument might reasonably suffer by virtue
24of the loss of the instrument.

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

1aggregated in determining the grade of the offense.

<-2Section 1. Section 3903(d) of Title 18 of the Pennsylvania
3Consolidated Statutes is amended and the section is amended by
4adding a subsection to read:

5§ 3903. Grading of theft offenses.

6* * *

7(c.1) Sentencing enhancement for theft of public funds or
8theft in breach of a fiduciary duty.--Notwithstanding <-section
<-9sections 1103 (relating to sentence of imprisonment for felony)
<-10and 1104 (relating to sentence of imprisonment for
11misdemeanors), the maximum term of imprisonment for an offense
12graded under this section may be increased by a term of
13imprisonment of up to five years when the theft is from a
14political subdivision, local authority or public or private
15charitable organization or when the theft constitutes a breach
16of fiduciary duty.

17(d) Definitions.--As used in this section, the following
18words and phrases shall have the meanings given to them in this
19subsection:

<-20"Affiliate." Any chapter, branch, auxiliary or other
21subordinate unit of any charitable organization, howsoever
22designated, whose policies, fundraising activities and
23expenditures are supervised or controlled by the parent
24organization.

25"Charitable organization." Any person granted tax exempt
26status under section 501(c)(3) of the Internal Revenue Code of
271986 (Public Law 99-514, 26 U.S.C. 501(c)(3)) or any person who
28is or holds himself out to be established for any charitable
29purpose or any person who in any manner employs a charitable
30appeal as the basis of any solicitation or an appeal which has

1the tendency to suggest there is a charitable purpose to any
2solicitation. The term includes:

3(1) An affiliate of a charitable organization which has
4its principal place of business outside this Commonwealth.

5(2) A bona fide duly constituted organization of law
6enforcement personnel, firefighters or other personnel who
7protect the public safety.

8(3) A fraternal benefit society.

<-9"Charitable purpose." Any benevolent, educational,
10philanthropic, humane, scientific, patriotic, social welfare or
11advocacy, public health, environmental conservation, civic or
12other eleemosynary objective.

13"Manmade disaster." Any industrial, nuclear or
14transportation accident, explosion, conflagration, power
15failure, natural resource shortage or other condition, except
16enemy action, resulting from manmade causes, such as oil spills
17and other injurious environmental contamination, which threatens
18or causes substantial damage to property, human suffering,
19hardship or loss of life.

20"Natural disaster." Any hurricane, tornado, storm, flood,
21high water, wind-driven water, tidal wave, earthquake,
22landslide, mudslide, snowstorm, drought, fire, explosion or
23other catastrophe which results in substantial damage to
24property, hardship, suffering or possible loss of life.

25"Person." Any individual, organization, corporation,
26association, partnership, trust, foundation or any other entity
27however styled.

<-28"Solicitation." Any direct or indirect request for a
29contribution on the representation that the contribution will be
30used in whole or in part for a charitable purpose.

1"War-caused disaster." Any condition following an attack
2upon the United States resulting in substantial damage to
3property or injury to persons in the United States caused by use
4of bombs, missiles, shellfire, nuclear, radiological, chemical
5or biological means, or other weapons or overt paramilitary
6actions, or other conditions such as sabotage.

7Section 2. This act shall take effect in 60 days.