PRINTER'S NO. 1251
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1189
Session of
2023
INTRODUCED BY RABB, KINKEAD, MAYES, D. MILLER, SANCHEZ, MADDEN,
KINSEY, BURGOS, D. WILLIAMS AND PARKER, MAY 18, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MAY 18, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in general provisions, providing for
inflation adjustment; in theft and related offenses, further
providing for the offenses of retail theft, of library theft
and of theft of secondary metal; and, in trade and commerce,
further providing for buying or exchanging Federal
Supplemental Nutrition Assistance Program (SNAP) benefit
coupons, stamps, authorization cards or access devices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 113. Inflation adjustment.
Beginning March 1, 2024, and on March 1 of every fifth year
thereafter, the value of property or services as elements of an
offense under this title shall increase at the rate of inflation
as outlined in the Consumer Price Index for All Urban Consumers
(CPI-U) for the Pennsylvania, New Jersey, Delaware and Maryland
area, for the five most recent 12-month periods for which
figures have been officially reported by the United States
Department of Labor. The determinations and adjustments required
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
under this section shall be made in the period between October 1
and November 15 of the year prior to the effective date of the
adjustment. Any change to a value shall be rounded up to the
next $10. If the rate of inflation, as outlined in the Consumer
Price Index for All Urban Consumers (CPI-U) for the
Pennsylvania, New Jersey, Delaware and Maryland area, does not
increase, all values shall remain the same as they were for the
previous five-year period. The percentage increase and the value
amounts shall be determined by the Pennsylvania Commission on
Crime and Delinquency and shall be published by the Chairman of
the Pennsylvania Commission on Crime and Delinquency on the
publicly accessible Internet website of the Pennsylvania
Commission on Crime and Delinquency and transmitted to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin no fewer than 90
days prior to the effective date of the adjustment.
Section 2. Sections 3929(b)(1), 3929.1(b)(1), 3935.1(b)(3)
and (4) and 7313(b) of Title 18 are amended to read:
§ 3929. Retail theft.
* * *
(b) Grading.--
(1) Retail theft constitutes a:
(i) Summary offense when the offense is a first
offense and the value of the merchandise is less than
[$150] $200.
(ii) Misdemeanor of the second degree when the
offense is a second offense and the value of the
merchandise is less than [$150] $200.
(iii) Misdemeanor of the first degree when the
offense is a first or second offense and the value of the
20230HB1189PN1251 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
merchandise is [$150] $200 or more.
(iv) Felony of the third degree when the offense is
a third or subsequent offense, regardless of the value of
the merchandise.
(v) Felony of the third degree when the amount
involved exceeds [$1,000] $2,000 or if the merchandise
involved is a firearm or a motor vehicle.
* * *
§ 3929.1. Library theft.
* * *
(b) Grading.--
(1) Library theft constitutes a:
(i) Summary offense when the offense is a first
offense and the value of the material is less than [$150]
$200.
(ii) Misdemeanor of the second degree when the
offense is a second offense and the value of the material
is less than [$150] $200.
(iii) Misdemeanor of the first degree when the
offense is a first or second offense and the value of the
material is [$150] $200 or more.
(iv) Felony of the third degree when the offense is
a third or subsequent offense, regardless of the value of
the material.
* * *
§ 3935.1. Theft of secondary metal.
* * *
(b) Grading.--Except as set forth in subsection (c):
* * *
(3) When the value of the secondary metal unlawfully
20230HB1189PN1251 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
obtained is $200 or more but less than [$1,000] $2,000, the
offense constitutes a misdemeanor of the first degree.
(4) When the value of the secondary metal unlawfully
obtained is [$1,000] $2,000 or more, the offense constitutes
a felony of the third degree.
* * *
§ 7313. Buying or exchanging Federal Supplemental Nutrition
Assistance Program (SNAP) benefit coupons, stamps,
authorization cards or access devices.
* * *
(b) Grading.--A person who violates this section commits a
felony of the third degree if the amount involved is [$1,000]
$2,000 or more. If the amount involved is less than [$1,000]
$2,000, the person commits a misdemeanor of the first degree.
Amounts involved in buying or exchanging Federal SNAP benefit
coupons, stamps, authorization cards or access devices committed
pursuant to one scheme or course of conduct, whether from the
same person or several persons, shall be aggregated in
determining the grade of the offense.
* * *
Section 3. This act shall take effect in 60 days.
20230HB1189PN1251 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21