PRINTER'S NO. 3788

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 2586 Session of 2004

        INTRODUCED BY PHILLIPS, GEIST, KIRKLAND, ALLEN, BALDWIN, BARRAR,
           BELFANTI, BENNINGHOFF, BOYD, BROWNE, BUNT, CLYMER, CRAHALLA,
           DALEY, DENLINGER, GANNON, GEORGE, GOOD, GOODMAN, HALUSKA,
           HARHAI, HARHART, HARRIS, HENNESSEY, HERSHEY, HESS, KELLER,
           KOTIK, S. MILLER, ROHRER, SATHER, SCAVELLO, SHANER, SOLOBAY
           AND WILT, APRIL 15, 2004

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 15, 2004

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for theft of
     3     services.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 3926(a) of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended by adding a paragraph to read:
     8  § 3926.  Theft of services.
     9     (a)  Acquisition of services.--
    10         * * *
    11         (1.2)  A person is guilty of theft if he issues or passes
    12     a check or similar sight order, uses an access device or
    13     authorizes an electronic funds transfer from a bank account
    14     in order to pay for services that were provided or to insure
    15     that services will be provided or will continue to be
    16     provided and then stops payment on that check or similar

     1     sight order or instructs the access device provider or bank
     2     to cancel authorization to use the access device or make the
     3     electronic funds transfer. An order returned from the bank or
     4     provider stating that a stop payment or an instruction to
     5     cancel authorization to use an access device or make an
     6     electronic funds transfer has been made shall raise the
     7     presumption that the stop payment or instruction has
     8     occurred. Nothing in this paragraph shall prevent a person
     9     from changing the manner in which he makes payment for
    10     services if the change is within the terms of service.
    11     Nothing in this paragraph shall prevent a person from
    12     stopping payment or canceling authorization if no service has
    13     been provided or if the person has canceled continuing
    14     service.
    15         * * *
    16     Section 2.  This act shall take effect in 60 days.










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