SB 362 — 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.

PRINTER'S NO.   308

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         SENATE BILL
                         No. 362
                                                Session of
                                                  2025

     INTRODUCED BY BOSCOLA, PHILLIPS-HILL, FONTANA, LAUGHLIN,
        J. WARD, STEFANO AND FARRY, FEBRUARY 28, 2025

     REFERRED TO HEALTH AND HUMAN SERVICES, FEBRUARY 28, 2025


                                     AN ACT
 1   Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
 2      act to consolidate, editorially revise, and codify the public
 3      welfare laws of the Commonwealth," in public assistance,
 4      further providing for false statements, investigations and
 5      penalty.
 6       The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8       Section 1.    Section 481(c) and (d) of the act of June 13,
 9   1967 (P.L.31, No.21), known as the Human Services Code, are
10   amended and the section is amended by adding subsections to
11   read:
12       Section 481.    False Statements; Investigations; Penalty.--* *
13   *
14       (a.1)   Any person who knowingly and with intent to defraud
15   produces, uses or traffics in, has control or custody of or
16   possesses one or more counterfeit access devices that replicates
17   the payment card information of a person receiving assistance,
18   commits a crime which shall be graded as provided in subsection
19   (b.1).
 1      * * *
 2      (b.1)   Any person violating subsection (a.1) commits the
 3   grade of crime determined from the following schedule:
 4      Amount of Assistance
 5       or Food Stamps                       Degree of Crime
 6      $1,000 or more              Felony of the second degree
 7      $999 and under, or an
 8      attempt to commit any
 9      act prohibited in
10      subsection (a.1)            Felony of the third degree
11      (c)   Any person committing a crime enumerated in subsection
12   (a) or (a.1) shall be ordered to pay restitution of any moneys
13   received by reason of any false statement, misrepresentation,
14   impersonation, failure to disclose required information or
15   fraudulent means. Restitution ordered under this subsection may
16   be paid in a lump sum, by monthly installments or according to
17   such other schedule as is deemed just by the sentencing court.
18   Notwithstanding the provisions of 18 Pa.C.S. § 1106(c)(2)
19   (relating to restitution for injuries to person or property) to
20   the contrary, the period of time during which the offender is
21   ordered to make restitution may exceed the maximum term of
22   imprisonment to which the offender could have been sentenced for
23   the crime of which that person was convicted, if the sentencing
24   court determines such period to be reasonable and in the
25   interests of justice.
26      (d)   There shall be a four-year statute of limitations on all
27   crimes enumerated in [subsection] subsections (a) and (a.1).
28      * * *
29      (f.1)   An individual convicted of any offense under
30   subsection (a.1) shall be ineligible to receive cash assistance

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1   permanently from the date of a conviction.
2      Section 2.   This act shall take effect in 60 days.




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