PRINTER'S NO. 662
No. 560 Session of 2003
INTRODUCED BY WALKO, GANNON, BLAUM, BOYES, HASAY, BROWNE, HANNA,
HARPER, HUTCHINSON, JAMES, LEWIS, MANDERINO, NICKOL, PALLONE,
STETLER AND TURZAI, MARCH 3, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offense of
3 deceptive or fraudulent business practices.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4107(a.1) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended and the section is amended by
8 adding subsections to read:
9 § 4107. Deceptive or fraudulent business practices.
10 * * *
11 (a.1) Grading of offenses.--
12 [(1) A violation of this section constitutes:
13 (i) a felony of the third degree if the amount
14 involved exceeds $2,000;
15 (ii) a misdemeanor of the first degree if the amount
16 involved is $200 or more but $2,000 or less;
17 (iii) a misdemeanor of the second degree if the
18 amount involved is less than $200; or
1 (iv) when the amount involved cannot be
2 satisfactorily ascertained, the offense constitutes a
3 misdemeanor of the second degree.]
4 (1.1) A violation of this section constitutes:
5 (i) a felony of the first degree if the amount
6 involved is $500,000 or more;
7 (ii) a felony of the second degree if the amount
8 involved is $100,000 or more but less than $500,000;
9 (iii) a felony of the third degree if the amount
10 involved is $2,000 or more but less than $100,000; or
11 (iv) a misdemeanor of the first degree if the amount
12 is $200 or more but less than $2,000;
13 (v) a misdemeanor of the second degree if the amount
14 is less than $200; or
15 (vi) a misdemeanor of the second degree, if the
16 amount involved cannot be satisfactorily ascertained.
17 (2) Amounts involved in deceptive or fraudulent business
18 practices pursuant to one scheme or course of conduct,
19 whether from the same person or several persons, may be
20 aggregated in determining the grade of the offense.
21 (3) Where a person commits an offense under subsection
22 (a) and the victim of the offense is 60 years of age or
23 older, the grading of the offense shall be one grade higher
24 than specified in paragraph [(1)] (1.1).
25 * * *
26 (a.3) Sentencing enhancement for offenses involving public
27 funds or breach of a fiduciary duty.--Notwithstanding section
28 1103 (relating to sentence of imprisonment for felony), the
29 maximum term of imprisonment for an offense graded under this
30 section may be increased by a term of imprisonment of up to five
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1 years when the offense involves the Commonwealth, a political
2 subdivision, a local authority or a public or private charitable
3 organization or when the offense constitutes a breach of
4 fiduciary duty.
5 * * *
6 (d) Definition.--As used in this section, the term
7 "charitable organization" has the meaning given to it in section
8 3 of the act of December 19, 1990 (P.L.1200, No.202), known as
9 the Solicitation of Funds for Charitable Purposes Act.
10 Section 2. This act shall take effect in 60 days.
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