THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BEYER, ADOLPH, BAKER, BOBACK, BOYD, BRADFORD, BRENNAN, CARROLL, COHEN, D. COSTA, J. EVANS, FAIRCHILD, FARRY, FLECK, FREEMAN, GEIST, GEORGE, GOODMAN, HARKINS, HORNAMAN, JOSEPHS, KORTZ, KULA, LONGIETTI, MELIO, MILLARD, MOUL, MURT, MYERS, O'NEILL, PALLONE, PHILLIPS, PICKETT, QUINN, READSHAW, ROCK, SIPTROTH, SWANGER, TALLMAN, VULAKOVICH, WATSON, YOUNGBLOOD AND PETRARCA, OCTOBER 29, 2009

AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 16, 2009   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, defining the offense of false caller

identification information display; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 4121.  False caller identification information display.

(a)  Offense defined.--A person may not, with the intent to

defraud, harass or cause harm, make a call or engage in conduct

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that results in the display of false caller identification

information on a recipient's the called party's telephone.

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(b)  Grading.--In addition to any other penalty imposed

pursuant to this title or other statute, a person who violates

this section:

(1)  For a first offense, commits a misdemeanor of the

third degree.

(2)  For a second or subsequent offense, commits a

misdemeanor of the second degree.

(c)  Exception.--This section shall not apply to:

(1)  The blocking of caller identification information.

(2)  Any law enforcement agency of the Federal, State,

county or municipal government.

(3)  Any intelligence or security agency of the Federal

Government.

(4)  A telecommunications, broadband or voice-over-

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Internet service provider that is acting solely as an

intermediary for the transmission of telephone service

between the caller and the recipient. voice-over-Internet

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service provider that is:

(i)  acting in its capacity as an intermediary for

the transmission of telephone service between the caller

and the recipient;

(ii)  providing or configuring a service or service

feature as requested by a customer;

(iii)  acting in a manner that is authorized or

required by applicable law; or

(iv)  engaging in other conduct that is a necessary

incident to the provision of service.

(d)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Call."  Any type of telephone call made using a any type of

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technology, including the public switched telephone network or a

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successor network, wireless cellular telephone service or voice-

over-Internet protocol (VoIP) service that has the capability of

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accessing users on the public switched telephone network or a

successor network.

"False caller identification information."  Data that

misrepresents the identity of the caller or the caller's

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telephone number to the recipient of a call or to the network

itself. However, when a person making an authorized call on

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behalf of another person inserts the name or telephone number of

the person on whose behalf the call is being made, such

information shall not be deemed false information.

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