THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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.

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(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.