Pennsylvania SB 739: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in inchoate crimes, further providing for the offense of manufacture, distribution or possession of master keys for motor vehicles.

Bill Text

PRIOR PRINTER'S NO. 797 PRINTER'S NO. 1006
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 739
Session of
2025
INTRODUCED BY PENNYCUICK, LANGERHOLC, PHILLIPS-HILL, BARTOLOTTA,
ROTHMAN, STEFANO, LAUGHLIN, J. WARD, FARRY, DUSH AND
ROBINSON, MAY 13, 2025
AS AMENDED ON THIRD CONSIDERATION, JUNE 24, 2025
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in inchoate crimes, further providing
for the offense of manufacture, distribution or possession of
master keys for motor vehicles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 909 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 909. Manufacture, distribution, sale, transfer, use or
possession of [master keys] illicit devices for motor
vehicles.
(a) Offense defined.--A person commits [a misdemeanor of the
first degree if he manufactures, distributes, or possesses any
motor vehicle master key.] the offense of manufacture,
distribution, sale, transfer, use or possession of illicit
devices for motor vehicles if the person:
(1) Manufactures, sells, transfers, uses, possesses or
attempts to manufacture, sell, transfer, use or possess an
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illicit device.
(2) Aids or permits another person to use an illicit
device.
(3) For a person listed under subsection (b)(4), (5),
(6) or (7), fails to report a lost or stolen illicit device
to the law enforcement agency with jurisdiction over the
location where the illicit device was lost or stolen within
48 hours of discovering the loss or theft.
(b) Exception.--Subsection [(a) of this section] (a)(1) and
(2) shall not apply to:
[(1) The introduction, manufacture for introduction,
transportation, distribution, sale or possession in commerce
in this Commonwealth of motor vehicle master keys for use in
the ordinary course of business by any commercial or
professional locksmith, common carrier, contract carrier,
motor vehicle fleet owner, new or used car dealer, rental car
agency, car manufacturer, automobile club or association
operating in more than one state or an affiliate thereof, or
any department, agency, or instrumentality of:
(i) the Commonwealth of Pennsylvania, the United
States, any state, the District of Columbia, or any
possession of the United States; or
(ii) any political subdivision of any entity
specified in subparagraph (i) of this paragraph.
(2) The shipment, transportation, or delivery for
shipment in commerce in this Commonwealth of motor vehicle
master keys in the ordinary course of business by any common
carrier or contract carrier.]
(1) A law enforcement officer acting within the scope of
the officer's official duties.
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(2) A department, agency, political subdivision or
instrumentality of the United States, the Commonwealth, a
state of the United States, the District of Columbia or any
territory of the United States.
(3) An employee of the National Insurance Crime Bureau.
(4) Any of the following:
(i) Common carrier.
(ii) Contract carrier.
(iii) Motor vehicle fleet owner.
(iv) New or used car dealer.
(v) Rental car agency.
(vi) Car manufacturer.
(vii) Licensed dealer, distributor or manufacturer
of motor vehicles or motor vehicle locks.
(viii) Automobile club or association operating in
more than one state.
(ix) Affiliate of an entity listed under this
paragraph that is acting in the ordinary course of
business.
(5) A motor vehicle mechanic shop acting in the ordinary
course of business.
(6) A commercial or professional locksmith acting in the
ordinary course of business.
(7) A repossession agency acting in the ordinary course
of business.
(b.1) Grading.--
(1) A person who violates subsection (a)(1) or (2)
commits a misdemeanor of the first degree for a first
offense. A second or subsequent offense shall constitute a
felony of the third degree .
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(2) A person who violates subsection (a)(3) commits a
summary offense and shall, upon conviction, be sentenced to
pay a fine of not less than $250. A person who violates
subsection (a)(3) for a second or subsequent offense commits
a summary offense and shall, upon conviction, be sentenced to
pay a fine of not less than $500.
(c) Definition.--[As used in this section "master key" means
any key adapted to fit the ignition switch, trunk or door of two
or more motor vehicles, the ignition switches, trunks or doors
of which are designed to be operated by keys.] 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:
"Illicit device." Any of the following:
(1) A key adapted to fit the ignition switch, trunk or
door of two or more motor vehicles for which each motor
vehicle's ignition switc