Pennsylvania Act 2002-62 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND STATUTE OF LIMITATIONS FOR IDENTITY THEFT CIVIL CAUSE OF ACTION AND IDENTITY THEFT DAMAGES IN ACTIONS

Act text

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND STATUTE
   OF LIMITATIONS FOR IDENTITY THEFT CIVIL CAUSE OF ACTION AND IDENTITY
                         THEFT DAMAGES IN ACTIONS
                  Act of Jun. 19, 2002, P.L. 430, No. 62              Cl. 18
                             Session of 2002
                               No. 2002-62

     HB 1546

                                  AN ACT

     Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
        Judicial Procedure) of the Pennsylvania Consolidated
        Statutes, further providing for identity theft; and providing
        for the statute of limitations for the civil cause of action
        for identity theft and for damages in actions for identity
        theft.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 4120(a), (b), (c) and (f) of Title 18 of
     the Pennsylvania Consolidated Statutes are amended and the
     section is amended by adding a subsection to read:
      § 4120.  Identity theft.
        (a)  Offense defined.--A person commits the offense of
     identity theft of another person if he possesses or uses,
     through any means, identifying information of another person
     without the consent of that other person to further any unlawful
     purpose.
        (b)  Separate offenses.--Each time a person possesses or uses
     identifying information in violation of subsection (a)
     constitutes a separate offense under this section. However, the
     total values involved in offenses under this section committed
     pursuant to one scheme or course of conduct, whether from the
     same victim or several victims, may be aggregated in determining
     the grade of the offense.
        (c)  Grading.--The offenses shall be graded as follows:
            (1)  [A first offense under this section is a misdemeanor
        of the first degree, and a second or subsequent offense under
        this section is a felony of the third degree.]  Except as
        otherwise provided in paragraph (2), an offense under
        subsection (a) falls within the following classifications
        depending on the value of any property or services obtained
        by means of the identifying information:
                (i)  if the total value involved is less than $2,000,
            the offense is a misdemeanor of the first degree;
                (ii)  if the total value involved was $2,000 or more,
            the offense is a felony of the third degree;
                (iii)  regardless of the total value involved, if the
            offense is committed in furtherance of a criminal
            conspiracy as defined in section 903 (relating to
            criminal conspiracy), the offense is a felony of the
            third degree; or
                (iv)  regardless of the total value involved, if the
            offense is a third or subsequent offense under this
            section, the offense is a felony of the second degree.
            (2)  When a person commits an offense under subsection
        (a) and the victim of the offense is 60 years of age or older
        or a care-dependent person as defined in section 2713
        (relating to neglect of care-dependent person), the grading
        of the offense shall be one grade higher than specified in
        paragraph (1).
        * * *
        (e.1)  Venue.--Any offense committed under subsection (a) may
     be deemed to have been committed at any of the following:
            (1)  The place where a person possessed or used the
        identifying information of another without the other's
        consent to further any unlawful purpose.
            (2)  The residence of the person whose identifying
        information has been lost or stolen or has been used without
        the person's consent.
            (3)  The business or employment address of the person
        whose identifying information has been lost or stolen or has
        been used without the person's consent, if the identifying
        information at issue is associated with the person's business
        or employment.
        (f)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Document."  Any writing, including, but not limited to,
     birth certificate, Social Security card, driver's license,
     nondriver government-issued identification card, baptismal
     certificate, access device card, employee identification card,
     school identification card or other identifying information
     recorded by any other method, including, but not limited to,
     information stored on any computer, computer disc, computer
     printout, computer system, or part thereof, or by any other
     mechanical or electronic means.
        "Identifying information."  Any document, photographic,
     pictorial or computer image of another person, or any fact used
     to establish identity, including, but not limited to, a name,
     birth date, Social Security number, driver's license number,
     nondriver governmental identification number, telephone number,
     checking account number, savings account number, student
     identification number [or], employee or payroll number or
     electronic signature.
        Section 2.  Section 5525 of Title 42 is amended to read:
      § 5525.  Four year limitation.
        [The] (a)  General rule.--Except as provided for in
     subsection (b), the following actions and proceedings must be
     commenced within four years:
            (1)  An action upon a contract, under seal or otherwise,
        for the sale, construction or furnishing of tangible personal
        property or fixtures.
            (2)  Any action subject to 13 Pa.C.S. § 2725 (relating to
        statute of limitations in contracts for sale).
            (3)  An action upon an express contract not founded upon
        an instrument in writing.
            (4)  An action upon a contract implied in law, except an
        action subject to another limitation specified in this
        subchapter.
            (5)  An action upon a judgment or decree of any court of
        the United States or of any state.
            (6)  An action upon any official bond of a public
        official, officer or employee.
            (7)  An action upon a negotiable or nonnegotiable bond,
        note or other similar instrument in writing. Where such an
        instrument is payable upon demand, the time within which an
        action on it must be commenced shall be computed from the
        later of either demand or any payment of principal of or
        interest on the instrument.
            (8)  An action upon a contract, obligation or liability
        founded upon a writing not specified in paragraph (7), under
        seal or otherwise, except an action subject to another
        limitation specified in this subchapter.
        (b)  Special provisions.--An action subject to section 8315
     (relating to damages in actions for identity theft) must be
     commenced within four years of the date of the offense or four
     years from the date of the discovery of the identity theft by
     the plaintiff.
        Section 3.  Title 42 is amended by adding a section to read:
      § 8315.  Damages in actions for identity theft.
        In a civil action based on identity theft as defined in 18
     Pa.C.S. § 4120 (relating to identity theft), a court of
     competent jurisdiction may award damages as follows:
            (1)  Actual damages arising from the incident or $500,
        whichever is greater. Damages include loss of money,
        reputation or property, whether real or personal. The court
        may, in its discretion, award up to three times the actual
        damages sustained, but not less than $500.
            (2)  Reasonable attorney fees and court costs.
            (3)  Additional relief the court deems necessary and
        proper.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 19th day of June, A. D. 2002.

     MARK S. SCHWEIKER