PRINTER'S NO. 869
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
789
Session of
2019
INTRODUCED BY HEFFLEY, PICKETT, RYAN, BARRAR, BERNSTINE, IRVIN,
MILLARD, SAYLOR, KEEFER, BENNINGHOFF, COX AND MASSER,
MARCH 12, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 12, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in forgery and fraudulent practices,
providing for the offense of benefit transfer device fraud.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 4122. Benefit transfer device fraud.
(a) Offense defined.--A person commits an offense if the
person is an unauthorized alien and possesses, uses or attempts
to use a benefit transfer device.
(b) Separate offenses.--Each time a person possesses or uses
a benefit transfer device in violation of subsection (a)
constitutes a separate offense under this section.
(c) Grading.--A person who violates subsection (a) commits a
felony of the third degree.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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subsection unless the context clearly indicates otherwise:
"Benefit transfer device." The Pennsylvania ACCESS card or
electronic benefit transfer card.
"Unauthorized alien." An alien who is not eligible for any
State or local benefits under section 411(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(Public Law 104-193, 8 U.S.C. § 1621(a)).
Section 2. This act shall take effect in 60 days.
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