SENATE AMENDED PRIOR PRINTER'S NOS. 1054, 1329, 2667 PRINTER'S NO. 3123
No. 945 Session of 1999
INTRODUCED BY CHADWICK, ARGALL, BAKER, BARD, BELFANTI, BENNINGHOFF, BROWNE, BUXTON, CASORIO, CIVERA, CLARK, L. I. COHEN, COLAFELLA, CURRY, DEMPSEY, DERMODY, EGOLF, FAIRCHILD, FEESE, GANNON, GORDNER, HARHAI, HENNESSEY, HESS, JADLOWIEC, KAISER, KENNEY, LUCYK, MAHER, MANDERINO, MASLAND, McCALL, McILHINNEY, McNAUGHTON, MELIO, MICHLOVIC, MUNDY, NAILOR, NICKOL, PHILLIPS, RAMOS, ROBINSON, ROONEY, ROSS, RUBLEY, SAINATO, SANTONI, SATHER, SAYLOR, SCHRODER, SEMMEL, SERAFINI, SEYFERT, B. SMITH, STABACK, STEELMAN, STEIL, STERN, STEVENSON, E. Z. TAYLOR, THOMAS, TIGUE, TRELLO, TRICH, VANCE, WILLIAMS, WOGAN, GRUCELA, FARGO AND WASHINGTON, MARCH 22, 1999
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, MARCH 14, 2000
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, defining the offense of identity 3 theft. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 18 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 4120. Identity theft. 9 (a) Offense defined.--Except as provided in subsection (c), <-- 10 a person commits the offense of identity theft of another 11 person, a misdemeanor of the first degree, if he takes, assumes 12 or uses the identity or identifying information of another
1 person without the consent of that other person and with the 2 intent to: 3 (1) cause financial loss to the other person; 4 (2) obtain goods or services; or 5 (3) otherwise assume or use the other person's identity 6 for any unlawful purpose. 7 (b) Separate offenses.--Each time an offender takes, assumes 8 or uses the identity or identifying information of another 9 person without the consent of that other person constitutes a 10 separate offense under this section. 11 (c) Grading.--When a person commits an offense under 12 subsection (a) and the victim of the offense is 60 years of age 13 or older, the offense shall be graded as a felony of the third 14 degree. 15 (d) Restitution.--The court may, in addition to any other 16 restitution sentence or order authorized by law, sentence a 17 person convicted of violating this section to make restitution 18 for all reasonable expenses incurred by the victim or on the 19 victim's behalf to investigate theft of the victim's identity, 20 bring or defend civil or criminal actions related to theft of 21 the victim's identity or to take other efforts to clear the 22 victim's credit record of negative credit reports related to 23 theft of the victim's identity. Such expenses may include, but 24 are not limited to, attorney fees, fees and costs imposed by 25 credit bureaus or associated with efforts to clear the victim's 26 credit record, fees and costs associated with private 27 investigations, and court costs and filing fees. 28 (e) Definitions.--As used in this section, the following 29 words and phrases shall have the meanings given to them in this 30 subsection: 19990H0945B3123 - 2 -
1 "Expenses." All sums charged or billed to the victim or any 2 person acting on the victim's behalf or as the victim's 3 representative, whether or not any such charge or bill has been 4 paid. 5 "Identity" or "identifying information." Any information or 6 facts used to establish identity, whether or not the information 7 or facts are in writing. Writings include, but are not limited 8 to, pieces of paper, notebooks, applications, receipts, birth 9 certificates, Social Security cards, driver's licenses, 10 nondriver State-issued identification cards, baptismal 11 certificates, employee identification cards or school 12 identification cards and identifying information recorded by 13 other methods, including, but not limited to, information stored 14 on any computer, computer disc, computer printout, computer 15 system, or part thereof, or by any other mechanical or 16 electronic means. 17 Section 2. This act shall take effect immediately. 18 (A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF <-- 19 IDENTITY THEFT OF ANOTHER PERSON IF HE POSSESSES OR USES 20 IDENTIFYING INFORMATION OF ANOTHER PERSON WITHOUT THE CONSENT OF 21 THAT OTHER PERSON TO FURTHER ANY UNLAWFUL PURPOSE. 22 (B) SEPARATE OFFENSES.--EACH TIME A PERSON POSSESSES OR USES 23 IDENTIFYING INFORMATION IN VIOLATION OF SUBSECTION (A) 24 CONSTITUTES A SEPARATE OFFENSE UNDER THIS SECTION. 25 (C) GRADING.--THE OFFENSES SHALL BE GRADED AS FOLLOWS: 26 (1) A FIRST OFFENSE UNDER THIS SECTION IS A MISDEMEANOR 27 OF THE FIRST DEGREE, AND A SECOND AND SUBSEQUENT OFFENSE 28 UNDER THIS SECTION IS A FELONY OF THE THIRD DEGREE. 29 (2) WHEN A PERSON COMMITS AN OFFENSE UNDER SUBSECTION 30 (A) AND THE VICTIM OF THE OFFENSE IS 60 YEARS OF AGE OR 19990H0945B3123 - 3 -
1 OLDER, THE GRADING OF THE OFFENSE SHALL BE ONE GRADE HIGHER 2 THAN SPECIFIED IN PARAGRAPH (1). 3 (D) CONCURRENT JURISDICTION TO PROSECUTE.--IN ADDITION TO 4 THE AUTHORITY CONFERRED UPON THE ATTORNEY GENERAL BY THE ACT OF 5 OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH 6 ATTORNEYS ACT, THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO 7 INVESTIGATE AND TO INSTITUTE CRIMINAL PROCEEDINGS FOR ANY 8 VIOLATION OF THIS SECTION OR ANY SERIES OF SUCH VIOLATIONS 9 INVOLVING MORE THAN ONE COUNTY OF THIS COMMONWEALTH OR ANOTHER 10 STATE. NO PERSON CHARGED WITH A VIOLATION OF THIS SECTION BY THE 11 ATTORNEY GENERAL SHALL HAVE STANDING TO CHALLENGE THE AUTHORITY 12 OF THE ATTORNEY GENERAL TO INVESTIGATE OR PROSECUTE THE CASE, 13 AND, IF ANY SUCH CHALLENGE IS MADE, THE CHALLENGE SHALL BE 14 DISMISSED AND NO RELIEF SHALL BE MADE AVAILABLE IN THE COURTS OF 15 THIS COMMONWEALTH TO THE PERSON MAKING THE CHALLENGE. 16 (E) USE OF POLICE REPORTS.--A REPORT TO A LAW ENFORCEMENT 17 AGENCY BY A PERSON STATING THAT THE PERSON'S IDENTIFYING 18 INFORMATION HAS BEEN LOST OR STOLEN OR THAT THE PERSON'S 19 IDENTIFYING INFORMATION HAS BEEN USED WITHOUT THE PERSON'S 20 CONSENT SHALL BE PRIMA FACIE EVIDENCE THAT THE IDENTIFYING 21 INFORMATION WAS POSSESSED OR USED WITHOUT THE PERSON'S CONSENT. 22 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 23 WORDS AND PHRASES SHALL HAVE THE MEANING GIVEN TO THEM IN THIS 24 SUBSECTION: 25 "DOCUMENT." ANY WRITING, INCLUDING, BUT NOT LIMITED TO, 26 BIRTH CERTIFICATE, SOCIAL SECURITY CARD, DRIVER'S LICENSE, 27 NONDRIVER GOVERNMENT-ISSUED IDENTIFICATION CARD, BAPTISMAL 28 CERTIFICATE, ACCESS DEVICE CARD, EMPLOYEE IDENTIFICATION CARD, 29 SCHOOL IDENTIFICATION CARD OR OTHER IDENTIFYING INFORMATION 30 RECORDED BY ANY OTHER METHOD, INCLUDING, BUT NOT LIMITED TO, 19990H0945B3123 - 4 -
1 INFORMATION STORED ON ANY COMPUTER, COMPUTER DISC, COMPUTER 2 PRINTOUT, COMPUTER SYSTEM, OR PART THEREOF, OR BY ANY OTHER 3 MECHANICAL OR ELECTRONIC MEANS. 4 "IDENTIFYING INFORMATION." ANY DOCUMENT, PHOTOGRAPHIC, 5 PICTORIAL OR COMPUTER IMAGE OF ANOTHER PERSON, OR ANY FACT USED 6 TO ESTABLISH IDENTITY, INCLUDING, BUT NOT LIMITED TO, A NAME, 7 BIRTH DATE, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE NUMBER, 8 NONDRIVER GOVERNMENTAL IDENTIFICATION NUMBER, STUDENT 9 IDENTIFICATION NUMBER OR EMPLOYEE OR PAYROLL NUMBER. 10 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. B23L18DMS/19990H0945B3123 - 5 -