PRINTER'S NO. 2023
No. 1449 Session of 2002
INTRODUCED BY MELLOW, O'PAKE, MUSTO, STOUT, KASUNIC, BOSCOLA,
COSTA, LAVALLE, KUKOVICH, LOGAN, ORIE, STACK, TARTAGLIONE AND
A. WILLIAMS, MAY 28, 2002
REFERRED TO JUDICIARY, MAY 28, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for damages for
3 identity theft in actions against Commonwealth or political
4 subdivisions; and further providing for exceptions to
5 sovereign and governmental immunity.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 42 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 8315. Damages for identity theft in actions against
11 Commonwealth or political subdivisions.
12 (a) General rule.--A person who suffers an ascertainable
13 loss of money, reputation or property, real or personal, as a
14 result of a violation of 18 Pa.C.S. § 4120 (relating to identity
15 theft), which is due to the negligence of the Commonwealth, an
16 agency, board or commission of the Commonwealth or a political
17 subdivision of the Commonwealth in maintaining, disposing of or
18 destroying the person's confidential employment information, may
19 bring a private action for damages in a court of competent
1 jurisdiction.
2 (b) Damages.--Damages in an action brought under subsection
3 (a) may be awarded as follows:
4 (1) Actual damages arising from the incident or $500,
5 whichever is greater. Damages include loss of money,
6 reputation or property, real or personal. The court may, in
7 its discretion, award punitive damages of not less than
8 $1,000 nor more than $10,000 for a violation of subsection
9 (a) which is deemed willful.
10 (2) Reasonable attorney fees and court costs.
11 (3) Additional relief which the court deems necessary
12 and proper.
13 Section 2. Sections 8522(b) and 8542(b) of Title 42 are
14 amended by adding paragraphs to read:
15 § 8522. Exceptions to sovereign immunity.
16 * * *
17 (b) Acts which may impose liability.--The following acts by
18 a Commonwealth party may result in the imposition of liability
19 on the Commonwealth and the defense of sovereign immunity shall
20 not be raised to claims for damages caused by:
21 * * *
22 (10) Negligence.--An action for negligence based on 18
23 Pa.C.S. § 4120 (relating to identity theft) and initiated
24 under section 8315 (relating to damages for identity theft in
25 actions against Commonwealth or political subdivisions).
26 § 8542. Exceptions to governmental immunity.
27 * * *
28 (b) Acts which may impose liability.--The following acts by
29 a local agency or any of its employees may result in the
30 imposition of liability on a local agency:
20020S1449B2023 - 2 -
1 * * *
2 (9) Negligence.--An action for negligence based on 18
3 Pa.C.S. § 4120 (relating to identity theft) and initiated
4 under section 8315 (relating to damages for identity theft in
5 actions against Commonwealth or political subdivisions).
6 * * *
7 Section 3. This act shall take effect in 60 days.
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