PRINTER'S NO. 611
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
547
Session of
2019
INTRODUCED BY BARTOLOTTA, PHILLIPS-HILL AND K. WARD,
APRIL 10, 2019
REFERRED TO JUDICIARY, APRIL 10, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in theft and related offenses, further
providing for theft of services and for theft of leased
property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3926(a)(4) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 3926. Theft of services.
(a) Acquisition of services.--
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(4) Where compensation for service is ordinarily paid
immediately upon the rendering of such service, as in the
case of hotels and restaurants, refusal to pay or absconding
without payment or offer to pay gives rise to a presumption
that the service was obtained by deception as to intention to
pay. Deception is inferred if notice of the exact amount due
is sent via certified or registered mail and no payment or
contact is made to make arrangements for payment within 10
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days of receiving the notice.
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Section 2. Section 3932(a) and (c) of Title 18 are amended
and the section is amended by adding subsections to read:
§ 3932. Theft of leased property.
(a) Offense defined.--A person who obtains personal property
under an agreement for the lease or rental of the property is
guilty of theft if he intentionally or recklessly deals with the
property as his own.
(a.1) Restitution.--The court may, in addition to any other
sentence authorized by law, sentence a person convicted of
violating this section to make restitution under section 1106
(relating to restitution for injuries to person or property) or
42 Pa.C.S. § 9721(c) (relating to sentencing generally).
(a.2) Civil action.--A person aggrieved by a violation of
this section may in a civil action in any court of competent
jurisdiction obtain appropriate relief, including preliminary
and other equitable or declaratory relief, compensatory and
punitive damages, reasonable investigation expenses, costs of
suit and attorney fees.
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(c) Presumption.--A person shall be prima facie presumed to
have intent if he:
(1) signs the lease or rental agreement with a name and
address other than his own and fails to return the property
within the time specified in the agreement; or
(2) fails to return the property to its owner within
seven days after a written demand to return the property is
delivered.
* * *
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Section 3. This act shall take effect in 60 days.
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