PRINTER'S NO. 1643
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1127
Session of
2018
INTRODUCED BY AUMENT, SCHWANK, SCAVELLO, KILLION, MARTIN,
BARTOLOTTA, MENSCH, VOGEL, FOLMER, BOSCOLA, COSTA,
RESCHENTHALER, ARGALL AND HUTCHINSON, APRIL 11, 2018
REFERRED TO JUDICIARY, APRIL 11, 2018
AN ACT
Amending Titles 18 (Crimes and Offenses) and 62 (Procurement) of
the Pennsylvania Consolidated Statutes, in trade and
commerce, further providing for fraudulent traffic in food
orders; and, in source selection and contract formation,
further providing for debarment or suspension.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7314 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 7314. Fraudulent traffic in food orders.
(a) Offense defined.--A person commits the offense of
fraudulent traffic in food orders if he, whether acting for
himself or for another, directly or indirectly, furnishes or
delivers to any person money, merchandise, or anything other
than food, on or in exchange for a food order, or furnishes or
delivers food on or in exchange for a food order to any person,
other than the original recipient of the order, or in quantities
or for prices other than those itemized on the food order at the
time the food is furnished or delivered.
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(a.1) Grading.--[A person who violates this section commits
a felony of the third degree if the amount involved is $1,000 or
more. If the amount involved is less than $1,000, the person
commits a misdemeanor of the first degree. Amounts involved in
fraudulent traffic in food orders committed pursuant to one
scheme or course of conduct, whether from the same person or
several persons, shall be aggregated in determining the grade of
the offense.]
(1) A person who violates this section commits:
(i) A felony of the second degree if the amount
involved is $2,500 or more.
(ii) A felony of the third degree if the amount
involved is $1,000 or more but less that $2,500.
(iii) A misdemeanor of the first degree if the
amount involved is less than $1,000.
(2) Amounts involved in fraudulent traffic in food
orders committed pursuant to one scheme or course of conduct,
whether from the same person or several persons, shall be
aggregated in determining the grade of the offense.
(b) Additional penalty.--In addition to the penalties
otherwise prescribed and any restitution ordered, the defendant
shall also be ordered to pay to the agency which shall have
issued such food order, not less than two times but not more
than three times the [face amount thereof] amount of restitution
ordered.
(b.1) Referral.--If the defendant is commercially licensed
by the Commonwealth or one of its political subdivisions, the
Office of Inspector General may refer a violation of this
section to the licensing entity for action by the licensing
entity as provided under law.
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(c) Exception.--Subsection (a) of this section shall not
apply to the negotiation of a food order after food to the full
amount of the order shall have been furnished thereon to the
original recipient of the order.
(d) Definition.--As used in this section, the term "food
order" means any order issued by or under the authority of any
public relief or assistance agency, authorizing the furnishing
and delivery of food to any person therein named or described.
Section 2. Section 531(b) of Title 62 is amended by adding a
paragraph to read:
§ 531. Debarment or suspension.
* * *
(b) Causes for debarment or suspension.--The causes for
debarment or suspension include:
* * *
(7.1) Violation of 18 Pa.C.S. § 7314 (relating to
fraudulent traffic in food orders).
* * *
Section 3. This act shall take effect in 60 days.
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