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                                                       PRINTER'S NO. 834

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 771 Session of 1999


        INTRODUCED BY HOLL, CONTI, TILGHMAN, COSTA, MUSTO, DENT,
           SCHWARTZ, CORMAN, WOZNIAK, STOUT, TOMLINSON, ROBBINS,
           SALVATORE, LEMMOND, BODACK, THOMPSON AND BOSCOLA,
           APRIL 12, 1999

        REFERRED TO JUDICIARY, APRIL 12, 1999

                                     AN ACT

     1  Providing for the offense of the theft of identity.

     2     The General Assembly of the Commonwealth of Pennsylvania
     3  hereby enacts as follows:
     4  Section 1.  Theft of identity:
     5     (a)  Offense defined.--A person commits an offense if he:
     6         (1)  Impersonates another or assumes a false identity and
     7     does an act in such assumed character or false identity for
     8     the purpose of obtaining pecuniary benefit for himself or
     9     another or to injure or defraud another.
    10         (2)  Pretends to be a representative of some person or
    11     organization and does an act in such pretended capacity for
    12     the purpose of obtaining a benefit for himself or another or
    13     to injure or defraud another.
    14         (3)  Obtains any personal identifying information
    15     pertaining to another person and uses that information or
    16     assists another person in using that information in order to


     1     assume the identity of or represent themselves as another
     2     person, without that person's authorization and with the
     3     intent to fraudulently obtain or attempt to obtain money,
     4     credit, goods or services or avoid the payment of debt or
     5     other legal obligation or avoid prosecution for a crime in
     6     the name of the other person without the consent of that
     7     person.
     8     (b)  Grading.--An offense under this section falls within the
     9  following classifications depending on the value of the property
    10  or service secured or sought to be secured by means of the
    11  stolen identity:
    12         (1)  If the value involved exceeds $500, the offense
    13     constitutes a felony of the third degree.
    14         (2)  If the value involved was $50 or more but less than
    15     $500, the offense constitutes a misdemeanor of the second
    16     degree.
    17         (3)  If the value involved was less than $50, the offense
    18     constitutes a summary offense.
    19  Amounts involved in unlawful use of a stolen identity pursuant
    20  to one scheme or course of conduct may be aggregated in
    21  determining the classification of the offense.
    22     (c)  Definitions.--As used in this section, the following
    23  words and phrases shall have the meanings given to them in this
    24  subsection:
    25     "Personal identifying information."  This term includes, but
    26  is not limited to, name, address, telephone number, Social
    27  Security number, place of employment, employee identification
    28  number, demand deposit number, savings account number, credit
    29  card number, debit card number, personal identification number
    30  or mother's maiden name.
    19990S0771B0834                  - 2 -

     1     Section 2.  This act shall take effect in 60 days.




















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