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                                                      PRINTER'S NO. 3847

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2635 Session of 2002


        INTRODUCED BY O'BRIEN, MAY 7, 2002

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 7, 2002

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     restitution for identity theft.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9720.1 of Title 42 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 9720.1.  Restitution for identity theft.
     9     (a)  General rule.--The court [may] shall, in addition to any
    10  other restitution sentence or order authorized by law, sentence
    11  a person convicted of a violation of 18 Pa.C.S. § 4120 (relating
    12  to identity theft) to make restitution for all reasonable
    13  expenses incurred by the victim or on the victim's behalf:
    14         (1)  to investigate theft of the victim's identity;
    15         (2)  to bring or defend civil or criminal actions related
    16     to theft of the victim's identity; or
    17         (3)  to take other efforts to correct the victim's credit
    18     record or negative credit reports related to theft of the

     1     victim's identity.
     2     (b)  Types of expenses.--The types of expenses that [may]
     3  shall be recoverable under this section include, but are not
     4  limited to:
     5         (1)  attorney fees;
     6         (2)  fees and costs imposed by credit bureaus, associated
     7     with efforts to correct the victim's credit record or
     8     incurred in private investigations; and
     9         (3)  court costs and filing fees.
    10     Section 2.  This act shall take effect in 60 days.














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