PRIOR PRINTER'S NO. 2209 PRINTER'S NO. 2261
No. 1518 Session of 2002
INTRODUCED BY COSTA, MELLOW, MUSTO, LAVALLE, LOGAN, O'PAKE,
ORIE, SCHWARTZ, STACK, KASUNIC, WAGNER, WOZNIAK, BOSCOLA AND
EARLL, AUGUST 30, 2002
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, OCTOBER 1, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for grading the
3 offense of 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) and (c) of Title 18 of the
7 Pennsylvania Consolidated Statutes are amended and the section
8 is amended by adding a subsection 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;] felony:
15 (A) of the first degree if the amount involved
16 is $500,000 or more;
17 (B) of the second degree if the amount involved
18 is $100,000 or more but less than $500,000;
1 (C) of the third degree if the amount involved
2 is $2,000 or more but less than $100,000; or
3 (ii) a [misdemeanor of the first degree if the
4 amount involved is $200 or more but $2,000 or less;
5 (iii) a misdemeanor of the second degree if the
6 amount involved is less than $200; or
7 (iv) when the amount involved cannot be
8 satisfactorily ascertained, the offense constitutes a
9 misdemeanor of the second degree.] misdemeanor:
10 (A) of the first degree if the amount is $200 or
11 more but less than $2,000;
12 (B) of the second degree if the amount is less
13 than $200;
14 (C) of the second degree, if the amount involved
15 cannot be satisfactorily ascertained.
16 (2) Amounts involved in deceptive or fraudulent business
17 practices pursuant to one scheme or course of conduct,
18 whether from the same person or several persons, may be
19 aggregated in determining the grade of the offense.
20 (3) Where a person commits an offense under subsection
21 (a) and the victim of the offense is 60 years of age or
22 older, the grading of the offense shall be one grade higher
23 than specified in paragraph (1).
24 * * *
25 (c) Sentencing enhancement for theft of public funds or <--
26 theft in breach of a fiduciary duty.--The penalty for an offense
27 graded under this section shall be increased by a term of
28 imprisonment of five years when the theft is from a political
29 subdivision, local authority or a public or private charitable
30 organization or when the theft constitutes a breach of fiduciary
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1 duty.
2 (C) SENTENCING ENHANCEMENT FOR OFFENSES INVOLVING PUBLIC <--
3 FUNDS OR BREACH OF A FIDUCIARY DUTY.--NOTWITHSTANDING SECTION
4 1103 (RELATING TO SENTENCE OF IMPRISONMENT FOR FELONY), THE
5 MAXIMUM TERM OF IMPRISONMENT FOR AN OFFENSE GRADED UNDER THIS
6 SECTION MAY BE INCREASED BY A TERM OF IMPRISONMENT OF UP TO FIVE
7 YEARS WHEN THE OFFENSE IS FROM A POLITICAL SUBDIVISION, LOCAL
8 AUTHORITY OR A PUBLIC OR PRIVATE CHARITABLE ORGANIZATION OR WHEN
9 THE OFFENSE CONSTITUTES A BREACH OF FIDUCIARY DUTY.
10 (d) Definitions.--As used in this section, the term
11 "charitable organization" has the meaning given in section 3 of
12 the act of December 19, 1990 (P.L.1200, No.202), known as the
13 Solicitation of Funds for Charitable Purposes Act.
14 Section 2. This act shall take effect in 60 days.
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