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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY COSTA, KITCHEN, FONTANA, ORIE, BOSCOLA, STOUT, RAFFERTY, O'PAKE, MUSTO, ALLOWAY, TARTAGLIONE, LOGAN, BROWNE AND FERLO, FEBRUARY 24, 2009 |
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| REFERRED TO JUDICIARY, FEBRUARY 24, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for grading of theft |
3 | 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 first degree.--Theft constitutes a felony |
10 | of the first degree if the amount involved is $500,000 or more. |
11 | (a.1) Felony of the second degree.--[Theft] Except as |
12 | provided in subsection (a), theft constitutes a felony of the |
13 | second degree if: |
14 | (1) The offense is committed during a manmade disaster, |
15 | a natural disaster or a war-caused disaster and constitutes a |
16 | violation of section 3921 (relating to theft by unlawful |
17 | taking or disposition), 3925 (relating to receiving stolen |
18 | property), 3928 (relating to unauthorized use of automobiles |
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1 | and other vehicles) or 3929 (relating to retail theft). |
2 | (2) The property stolen is a firearm. |
3 | (3) In the case of theft by receiving stolen property, |
4 | the property received, retained or disposed of is a firearm |
5 | and the receiver is in the business of buying or selling |
6 | stolen property. |
7 | (4) The property stolen is any amount of anhydrous |
8 | ammonia. |
9 | (5) The amount involved is $100,000 or more but less |
10 | than $500,000. |
11 | [(a.1)] (a.2) Felony of the third degree.--Except as |
12 | provided in [subsection (a)] subsections (a) and (a.1), theft |
13 | constitutes a felony of the third degree if the amount involved |
14 | [exceeds] is $2,000 or more but less than $100,000, or if the |
15 | property stolen is an automobile, airplane, motorcycle, |
16 | motorboat or other motor-propelled vehicle, or in the case of |
17 | theft by receiving stolen property, if the receiver is in the |
18 | business of buying or selling stolen property. |
19 | (b) Other grades.--Theft not within subsection (a) [or (a.1) |
20 | of this section], (a.1) or (a.2) constitutes a misdemeanor of |
21 | the first degree, except that if the property was not taken from |
22 | the person or by threat, or in breach of fiduciary obligation, |
23 | and: |
24 | (1) the amount involved was $50 or more but less than |
25 | $200 the offense constitutes a misdemeanor of the second |
26 | degree; or |
27 | (2) the amount involved was less than $50 the offense |
28 | constitutes a misdemeanor of the third degree. |
29 | (c) Valuation.--The amount involved in a theft shall be |
30 | ascertained as follows: |
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1 | (1) Except as otherwise specified in this section, value |
2 | means the market value of the property at the time and place |
3 | of the crime, or if such cannot be satisfactorily |
4 | ascertained, the cost of replacement of the property within a |
5 | reasonable time after the crime. |
6 | (2) Whether or not they have been issued or delivered, |
7 | certain written instruments, not including those having a |
8 | readily ascertainable market value such as some public and |
9 | corporate bonds and securities, shall be evaluated as |
10 | follows: |
11 | (i) The value of an instrument constituting an |
12 | evidence of debt, such as a check, draft or promissory |
13 | note, shall be deemed the amount due or collectible |
14 | thereon or thereby, such figure ordinarily being the face |
15 | amount of the indebtedness less any portion thereof which |
16 | has been satisfied. |
17 | (ii) The value of any other instrument which |
18 | creates, releases, discharges or otherwise affects any |
19 | valuable legal right, privilege or obligation shall be |
20 | deemed the greatest amount of economic loss which the |
21 | owner of the instrument might reasonably suffer by virtue |
22 | of the loss of the instrument. |
23 | (3) When the value of property cannot be satisfactorily |
24 | ascertained pursuant to the standards set forth in paragraphs |
25 | (1) and (2) of this subsection its value shall be deemed to |
26 | be an amount less than $50. Amounts involved in thefts |
27 | committed pursuant to one scheme or course of conduct, |
28 | whether from the same person or several persons, may be |
29 | aggregated in determining the grade of the offense. |
30 | (c.1) Sentencing enhancement for theft of public funds or |
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1 | theft in breach of a fiduciary duty.--Notwithstanding section |
2 | 1103 (relating to sentence of imprisonment for felony), the |
3 | maximum term of imprisonment for an offense graded under this |
4 | section may be increased by a term of imprisonment of up to five |
5 | years when the theft is from a political subdivision, local |
6 | authority or a public or private charitable organization or when |
7 | the theft constitutes a breach of fiduciary duty. |
8 | (d) Definitions.--As used in this section, the following |
9 | words and phrases shall have the meanings given to them in this |
10 | subsection: |
11 | "Charitable organization." As defined under section 3 of the |
12 | act of December 19, 1990 (P.L.1200, No.202), known as the |
13 | Solicitation of Funds for Charitable Purposes Act. |
14 | "Manmade disaster." Any industrial, nuclear or |
15 | transportation accident, explosion, conflagration, power |
16 | failure, natural resource shortage or other condition, except |
17 | enemy action, resulting from manmade causes, such as oil spills |
18 | and other injurious environmental contamination, which threatens |
19 | or causes substantial damage to property, human suffering, |
20 | hardship or loss of life. |
21 | "Natural disaster." Any hurricane, tornado, storm, flood, |
22 | high water, wind-driven water, tidal wave, earthquake, |
23 | landslide, mudslide, snowstorm, drought, fire, explosion or |
24 | other catastrophe which results in substantial damage to |
25 | property, hardship, suffering or possible loss of life. |
26 | "War-caused disaster." Any condition following an attack |
27 | upon the United States resulting in substantial damage to |
28 | property or injury to persons in the United States caused by use |
29 | of bombs, missiles, shellfire, nuclear, radiological, chemical |
30 | or biological means, or other weapons or overt paramilitary |
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1 | actions, or other conditions such as sabotage. |
2 | Section 2. This act shall take effect in 60 days. |
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