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| PRIOR PRINTER'S NO. 2843 | PRINTER'S NO. 3035 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 16, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, defining the offense of false caller |
3 | identification information display; and imposing penalties. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 18 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 4121. False caller identification information display. |
9 | (a) Offense defined.--A person may not, with the intent to |
10 | defraud, harass or cause harm, make a call or engage in conduct | <-- |
11 | that results in the display of false caller identification |
12 | information on a recipient's the called party's telephone. | <-- |
13 | (b) Grading.--In addition to any other penalty imposed |
14 | pursuant to this title or other statute, a person who violates |
15 | this section: |
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1 | (1) For a first offense, commits a misdemeanor of the |
2 | third degree. |
3 | (2) For a second or subsequent offense, commits a |
4 | misdemeanor of the second degree. |
5 | (c) Exception.--This section shall not apply to: |
6 | (1) The blocking of caller identification information. |
7 | (2) Any law enforcement agency of the Federal, State, |
8 | county or municipal government. |
9 | (3) Any intelligence or security agency of the Federal |
10 | Government. |
11 | (4) A telecommunications, broadband or voice-over- | <-- |
12 | Internet service provider that is acting solely as an |
13 | intermediary for the transmission of telephone service |
14 | between the caller and the recipient. voice-over-Internet | <-- |
15 | service provider that is: |
16 | (i) acting in its capacity as an intermediary for |
17 | the transmission of telephone service between the caller |
18 | and the recipient; |
19 | (ii) providing or configuring a service or service |
20 | feature as requested by a customer; |
21 | (iii) acting in a manner that is authorized or |
22 | required by applicable law; or |
23 | (iv) engaging in other conduct that is a necessary |
24 | incident to the provision of service. |
25 | (d) Definitions.--As used in this section, the following |
26 | words and phrases shall have the meanings given to them in this |
27 | subsection: |
28 | "Call." Any type of telephone call made using a any type of | <-- |
29 | technology, including the public switched telephone network or a | <-- |
30 | successor network, wireless cellular telephone service or voice- |
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1 | over-Internet protocol (VoIP) service that has the capability of | <-- |
2 | accessing users on the public switched telephone network or a |
3 | successor network. |
4 | "False caller identification information." Data that |
5 | misrepresents the identity of the caller or the caller's | <-- |
6 | telephone number to the recipient of a call or to the network |
7 | itself. However, when a person making an authorized call on | <-- |
8 | behalf of another person inserts the name or telephone number of |
9 | the person on whose behalf the call is being made, such |
10 | information shall not be deemed false information. |
11 | Section 2. This act shall take effect in 60 days. |
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