Bill Text: PA SB521 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for grading the offense of deceptive or fraudulent business practices.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Introduced - Dead) 2011-02-14 - Referred to JUDICIARY [SB521 Detail]

Download: Pennsylvania-2011-SB521-Introduced.html

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PRINTER'S NO. 522
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 521 Session of2011
INTRODUCED BY COSTA, BROWNE, FONTANA, TARTAGLIONE, KITCHEN, SOLOBAY, RAFFERTY, BOSCOLA, BREWSTER, ALLOWAY AND STACK, 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 the
offense of deceptive or fraudulent business practices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4107(a.1)(1) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and the section is
amended by adding subsections to read:
§ 4107. Deceptive or fraudulent business practices.
* * *
(a.1) Grading of offenses.--
(1) A violation of this section, except for subsection
(a)(10), constitutes:
(i) a [felony of the third degree if the amount
involved exceeds $2,000;] felony:
(A) of the first degree if the amount involved
is $500,000 or more;
(B) of the second degree if the amount involved
is $100,000 or more but less than $500,000;
(C) of the third degree if the amount involved
is $2,000 or more but less than $100,000; or
(ii) a [misdemeanor of the first degree if the
amount involved is $200 or more but $2,000 or less;
(iii) a misdemeanor of the second degree if the
amount involved is less than $200; or
(iv) when the amount involved cannot be
satisfactorily ascertained, the offense constitutes a
misdemeanor of the second degree.] misdemeanor:
(A) of the first degree if the amount is $200 or
more but less than $2,000;
(B) of the second degree if the amount is less
than $200;
(C) of the second degree if the amount involved
cannot be satisfactorily ascertained.
* * *
(d) Sentencing enhancement for offenses involving public
funds or 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 offense is from a political subdivision, local
authority or a public or private charitable organization or when
the offense constitutes a breach of fiduciary duty.
(e) Definitions.--As used in this section, the term
"charitable organization" has the meaning given in section 3 of
the act of December 19, 1990 (P.L.1200, No.202), known as the
Solicitation of Funds for Charitable Purposes Act.
Section 2. This act shall take effect in 60 days.
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