An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in public assistance, further providing for false statements, investigations and penalty.

HOUSE AMENDED
PRIOR PRINTER'S NOS. 308, 1800, 1833 PRINTER'S NO. 1868
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 362
Session of
2025
INTRODUCED BY BOSCOLA, PHILLIPS-HILL, FONTANA, LAUGHLIN,
J. WARD, STEFANO, FARRY, SCHWANK AND PICOZZI,
FEBRUARY 28, 2025
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JULY 1, 2026
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in public assistance,
further providing for false statements, investigations and
penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 481(c), (d) and (f) of the act of June
13, 1967 (P.L.31, No.21), known as the Human Services Code, are
amended and the section is amended by adding subsections to
read:
Section 481. False Statements; Investigations; Penalty.--* *
*
(a.1) A person commits an offense if the person knowingly
and with intent to defraud:
(1) Possesses, uses or attempts to use a scanning device to
access, read, obtain, memorize or store, temporarily or
permanently, a recipient's access device information.
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(2) Possesses, uses or attempts to use a reencoder to
replicate a recipient's access device information on one or more
access devices or on any other medium that allows the use of a
recipient's access device information.
(3) Possesses, uses or attempts to use one or more access
devices or information from one or more access devices that
replicate a recipient's access device information.
* * *
(b.1) (1) A first offense under subsection (a.1)
constitutes a felony of the third degree.
(2) A second or subsequent offense under subsection (a.1)
constitutes a felony of the second degree.
(b.2) For the purposes of this section, in determining
whether an offense is a first, second or subsequent offense, the
court shall include a conviction , acceptance of Accelerated
Rehabilitative Disposition or other form of preliminary
disposition, occurring before the sentencing on the present
violation, for an offense under this section, an offense
substantially similar to an offense under this section or under
the prior laws of this Commonwealth or a similar offense under
the statutes of any other state or of the United States.
(c) Any person committing a crime enumerated in subsection
(a) or (a.1) shall be ordered to pay restitution of any moneys
received by reason of any false statement, misrepresentation,
impersonation, failure to disclose required information or
fraudulent means. Restitution ordered under this subsection may
be paid in a lump sum, by monthly installments or according to
such other schedule as is deemed just by the sentencing court.
Notwithstanding the provisions of 18 Pa.C.S. § 1106(c)(2)
(relating to restitution for injuries to person or property) to
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the contrary, the period of time during which the offender is
ordered to make restitution may exceed the maximum term of
imprisonment to which the offender could have been sentenced for
the crime of which that person was convicted, if the sentencing
court determines such period to be reasonable and in the
interests of justice.
(d) There shall be a [four-year] five-year statute of
limitations on all crimes enumerated in [subsection] subsections
(a) and (a.1).
* * *
(f) An applicant for or recipient of [aid to families with
dependent children or general assistance] Temporary Assistance
for Needy Families convicted of any offense pursuant to
subsection (a) or (a.1) shall be ineligible to receive cash
assistance for a period of six months from the date of a first
conviction, for a period of twelve months from the date of a
second conviction and permanently from the date of a third
conviction.
(g) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Reencoder" means a device that places information from an
access device onto any medium that allows the access device's
information to be retrieved.
"Scanning device" means a scanner, reader or any other
electronic device that is used to access, read, scan, obtain,
memorize or store, temporarily or permanently, information on an
access device.
Section 2. This act shall take effect in 60 days.
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