PRIOR PRINTER'S NO. 658 PRINTER'S NO. 803
No. 556 Session of 2003
INTRODUCED BY HARPER, BLAUM, GANNON, BOYES, HASAY, BROWNE,
HANNA, HUTCHINSON, JAMES, LEWIS, MANDERINO, NICKOL, PALLONE,
STETLER, TURZAI AND WALKO, MARCH 3, 2003
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 5, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the grading of
3 theft offenses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3903 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3903. Grading of theft offenses.
9 [(a) Felony of the second degree.--Theft constitutes a
10 felony of the second degree if:
11 (1) The offense is committed during a manmade disaster,
12 a natural disaster or a war-caused disaster and constitutes a
13 violation of section 3921 (relating to theft by unlawful
14 taking or disposition), 3925 (relating to receiving stolen
15 property), 3928 (relating to unauthorized use of automobiles
16 and other vehicles) or 3929 (relating to retail theft).
17 (2) The property stolen is a firearm.
1 (3) In the case of theft by receiving stolen property,
2 the property received, retained or disposed of is a firearm
3 and the receiver is in the business of buying or selling
4 stolen property.
5 (a.1) Felony of the third degree.--Except as provided in
6 subsection (a), theft constitutes a felony of the third degree
7 if the amount involved exceeds $2,000, or if the property stolen
8 is an automobile, airplane, motorcycle, motorboat or other
9 motor-propelled vehicle, or in the case of theft by receiving
10 stolen property, if the receiver is in the business of buying or
11 selling stolen property.]
12 (a.2) Felony of the first degree.--Theft constitutes a
13 felony of the first degree if the amount involved is $500,000 or
14 more.
15 (a.3) Felony of the second degree.--Except as provided in
16 subsection (a.2), theft constitutes a felony of the second
17 degree if:
18 (1) The offense is committed during a manmade disaster,
19 a natural disaster or a war-caused disaster and constitutes a
20 violation of section 3921 (relating to theft by unlawful
21 taking or disposition), 3925 (relating to receiving stolen
22 property), 3928 (relating to unauthorized use of automobiles
23 and other vehicles) or 3929 (relating to retail theft).
24 (2) The property stolen is a firearm.
25 (3) In the case of theft by receiving stolen property,
26 the property received, retained or disposed of is a firearm
27 and the receiver is in the business of buying or selling
28 stolen property.
29 (4) The amount involved is $100,000 or more but less
30 than $500,000.
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1 (a.4) Felony of the third degree.--Except as provided in
2 subsections (a.2) and (a.3), theft constitutes a felony of the
3 third degree if the amount involved is $2,000 or more but less
4 than $100,000, or if the property stolen is an automobile,
5 airplane, motorcycle, motorboat or other motor-propelled
6 vehicle, or in the case of theft by receiving stolen property,
7 if the receiver is in the business of buying or selling stolen
8 property.
9 (b) Other grades.--Theft not within subsection [(a) or (a.1)
10 of this section] (a.2), (a.3) or (a.4), constitutes a
11 misdemeanor of the first degree, except that if the property was
12 not taken from the person or by threat, or in breach of
13 fiduciary obligation, and:
14 (1) the amount involved was $50 or more but less than
15 $200 the offense constitutes a misdemeanor of the second
16 degree; or
17 (2) the amount involved was less than $50 the offense
18 constitutes a misdemeanor of the third degree.
19 (c) Valuation.--The amount involved in a theft shall be
20 ascertained as follows:
21 (1) Except as otherwise specified in this section, value
22 means the market value of the property at the time and place
23 of the crime, or if such cannot be satisfactorily
24 ascertained, the cost of replacement of the property within a
25 reasonable time after the crime.
26 (2) Whether or not they have been issued or delivered,
27 certain written instruments, not including those having a
28 readily ascertainable market value such as some public and
29 corporate bonds and securities, shall be evaluated as
30 follows:
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1 (i) The value of an instrument constituting an
2 evidence of debt, such as a check, draft or promissory
3 note, shall be deemed the amount due or collectible
4 thereon or thereby, such figure ordinarily being the face
5 amount of the indebtedness less any portion thereof which
6 has been satisfied.
7 (ii) The value of any other instrument which
8 creates, releases, discharges or otherwise affects any
9 valuable legal right, privilege or obligation shall be
10 deemed the greatest amount of economic loss which the
11 owner of the instrument might reasonably suffer by virtue
12 of the loss of the instrument.
13 (3) When the value of property cannot be satisfactorily
14 ascertained pursuant to the standards set forth in paragraphs
15 (1) and (2) of this subsection its value shall be deemed to
16 be an amount less than $50. Amounts involved in thefts
17 committed 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 (c.1) Sentencing enhancement for theft of public funds or
21 theft in breach of a fiduciary duty.--Notwithstanding section <--
22 1103 (relating to sentence of imprisonment for felony), the ANY <--
23 OTHER PROVISION OF LAW TO THE CONTRARY, THE maximum term of
24 imprisonment for an offense graded under this section may be
25 increased by a term of imprisonment of up to five years when the
26 theft is from the Commonwealth, a political subdivision, a local
27 authority or a public or private charitable organization or when
28 the theft constitutes a breach of fiduciary duty. THE <--
29 PROSECUTION MUST INDICATE INTENT TO PROCEED UNDER THIS
30 SUBSECTION IN THE CRIMINAL INFORMATION OR OTHER FILING WHICH
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1 COMMENCES THE PROSECUTION.
2 (d) Definitions.--As used in this section, the following
3 words and phrases shall have the meanings given to them in this
4 subsection:
5 "Charitable organization." As defined under section 3 of the
6 act of December 19, 1990 (P.L.1200, No.202), known as the
7 Solicitation of Funds for Charitable Purposes Act.
8 "Manmade disaster." Any industrial, nuclear or
9 transportation accident, explosion, conflagration, power
10 failure, natural resource shortage or other condition, except
11 enemy action, resulting from manmade causes, such as oil spills
12 and other injurious environmental contamination, which threatens
13 or causes substantial damage to property, human suffering,
14 hardship or loss of life.
15 "Natural disaster." Any hurricane, tornado, storm, flood,
16 high water, wind-driven water, tidal wave, earthquake,
17 landslide, mudslide, snowstorm, drought, fire, explosion or
18 other catastrophe which results in substantial damage to
19 property, hardship, suffering or possible loss of life.
20 "War-caused disaster." Any condition following an attack
21 upon the United States resulting in substantial damage to
22 property or injury to persons in the United States caused by use
23 of bombs, missiles, shellfire, nuclear, radiological, chemical
24 or biological means, or other weapons or overt paramilitary
25 actions, or other conditions such as sabotage.
26 Section 2. This act shall take effect in 60 days.
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