Bill Text: PA SB520 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for grading of theft offenses.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced - Dead) 2011-02-14 - Referred to JUDICIARY [SB520 Detail]

Download: Pennsylvania-2011-SB520-Introduced.html

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PRINTER'S NO. 521
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 520 Session of2011
INTRODUCED BY COSTA, BROWNE, KITCHEN, TARTAGLIONE, SOLOBAY, RAFFERTY, BOSCOLA, BREWSTER AND FERLO, FEBRUARY 14, 2011
REFERRED TO JUDICIARY, FEBRUARY 14, 2011
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for grading of theft
offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3903 of Title 18 of the Pennsylvania
Consolidated Statutes, is amended to read:
§ 3903. Grading of theft offenses.
(a) Felony of the first degree.--Theft constitutes a felony
of the first degree if the amount involved is $500,000 or more.
(a.1) Felony of the second degree.--[Theft] Except as
provided in subsection (a), theft constitutes a felony of the
second degree if:
(1) The offense is committed during a manmade disaster,
a natural disaster or a war-caused disaster and constitutes a
violation of section 3921 (relating to theft by unlawful
taking or disposition), 3925 (relating to receiving stolen
property), 3928 (relating to unauthorized use of automobiles
and other vehicles) or 3929 (relating to retail theft).
(2) The property stolen is a firearm.
(3) In the case of theft by receiving stolen property,
the property received, retained or disposed of is a firearm
and the receiver is in the business of buying or selling
stolen property.
(4) The property stolen is any amount of anhydrous
ammonia.
(5) The amount involved is $100,000 or more but less
than $500,000.
[(a.1)] (a.2) Felony of the third degree.--Except as
provided in [subsection (a)] subsections (a) and (a.1), theft
constitutes a felony of the third degree if the amount involved
[exceeds] is $2,000 or more but less than $100,000, or if the
property stolen is an automobile, airplane, motorcycle,
motorboat or other motor-propelled vehicle, or in the case of
theft by receiving stolen property, if the receiver is in the
business of buying or selling stolen property.
(b) Other grades.--Theft not within subsection (a) [or (a.1)
of this section], (a.1) or (a.2) constitutes a misdemeanor of
the first degree, except that if the property was not taken from
the person or by threat, or in breach of fiduciary obligation,
and:
(1) the amount involved was $50 or more but less than
$200 the offense constitutes a misdemeanor of the second
degree; or
(2) the amount involved was less than $50 the offense
constitutes a misdemeanor of the third degree.
(c) Valuation.--The amount involved in a theft shall be
ascertained as follows:
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(1) Except as otherwise specified in this section, value
means the market value of the property at the time and place
of the crime, or if such cannot be satisfactorily
ascertained, the cost of replacement of the property within a
reasonable time after the crime.
(2) Whether or not they have been issued or delivered,
certain written instruments, not including those having a
readily ascertainable market value such as some public and
corporate bonds and securities, shall be evaluated as
follows:
(i) The value of an instrument constituting an
evidence of debt, such as a check, draft or promissory
note, shall be deemed the amount due or collectible
thereon or thereby, such figure ordinarily being the face
amount of the indebtedness less any portion thereof which
has been satisfied.
(ii) The value of any other instrument which
creates, releases, discharges or otherwise affects any
valuable legal right, privilege or obligation shall be
deemed the greatest amount of economic loss which the
owner of the instrument might reasonably suffer by virtue
of the loss of the instrument.
(3) When the value of property cannot be satisfactorily
ascertained pursuant to the standards set forth in paragraphs
(1) and (2) of this subsection its value shall be deemed to
be an amount less than $50. Amounts involved in thefts
committed pursuant to one scheme or course of conduct,
whether from the same person or several persons, may be
aggregated in determining the grade of the offense.
(c.1) Sentencing enhancement for theft of public funds or
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theft in breach of a fiduciary duty.--Notwithstanding section
1103 (relating to sentence of imprisonment for felony), the
maximum term of imprisonment for an offense graded under this
section may be increased by a term of imprisonment of up to five
years when the theft is from a political subdivision, local
authority or a public or private charitable organization or when
the theft constitutes a breach of fiduciary duty.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Charitable organization." As defined under section 3 of the
act of December 19, 1990 (P.L.1200, No.202), known as the
Solicitation of Funds for Charitable Purposes Act.
"Manmade disaster." Any industrial, nuclear or
transportation accident, explosion, conflagration, power
failure, natural resource shortage or other condition, except
enemy action, resulting from manmade causes, such as oil spills
and other injurious environmental contamination, which threatens
or causes substantial damage to property, human suffering,
hardship or loss of life.
"Natural disaster." Any hurricane, tornado, storm, flood,
high water, wind-driven water, tidal wave, earthquake,
landslide, mudslide, snowstorm, drought, fire, explosion or
other catastrophe which results in substantial damage to
property, hardship, suffering or possible loss of life.
"War-caused disaster." Any condition following an attack
upon the United States resulting in substantial damage to
property or injury to persons in the United States caused by use
of bombs, missiles, shellfire, nuclear, radiological, chemical
or biological means, or other weapons or overt paramilitary
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actions, or other conditions such as sabotage.
Section 2. This act shall take effect in 60 days.
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