PRINTER'S NO. 1216
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
980
Session of
2023
INTRODUCED BY BOSCOLA, FARRY, PHILLIPS-HILL, LAUGHLIN, COSTA AND
DUSH, NOVEMBER 9, 2023
REFERRED TO HEALTH AND HUMAN SERVICES, NOVEMBER 9, 2023
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in public assistance,
further providing for false statements, investigations and
penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 481(c) and (d) of the act of June 13,
1967 (P.L.31, No.21), known as the Human Services Code, are
amended and the section is amended by adding subsections to
read:
Section 481. False Statements; Investigations; Penalty.--* *
*
(a.1) Any person who knowingly and with intent to defraud
produces, uses or traffics in, has control or custody of or
possesses one or more counterfeit access devices that replicates
the payment card information of a person receiving assistance,
commits a crime which shall be graded as provided in subsection
(b.1).
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* * *
(b.1) Any person violating subsection (a.1) commits the
grade of crime determined from the following schedule:
Amount of Assistance
or Food Stamps Degree of Crime
$1,000 or more Felony of the second degree
$999 and under, or an
attempt to commit any
act prohibited in
subsection (a.1) Felony of the third degree
(c) Any person committing a crime enumerated in subsection
(a) or (a.1) shall be ordered to pay restitution of any moneys
received by reason of any false statement, misrepresentation,
impersonation, failure to disclose required information or
fraudulent means. Restitution ordered under this subsection may
be paid in a lump sum, by monthly installments or according to
such other schedule as is deemed just by the sentencing court.
Notwithstanding the provisions of 18 Pa.C.S. ยง 1106(c)(2)
(relating to restitution for injuries to person or property) to
the contrary, the period of time during which the offender is
ordered to make restitution may exceed the maximum term of
imprisonment to which the offender could have been sentenced for
the crime of which that person was convicted, if the sentencing
court determines such period to be reasonable and in the
interests of justice.
(d) There shall be a four-year statute of limitations on all
crimes enumerated in [subsection] subsections (a) and (a.1).
* * *
(f.1) An individual convicted of any offense under
subsection (a.1) shall be ineligible to receive cash assistance
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permanently from the date of a conviction.
Section 2. This act shall take effect in 60 days.
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