PRINTER'S NO. 2331
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1615
Session of
2015
INTRODUCED BY GIBBONS AND DAVIS, OCTOBER 8, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 8, 2015
AN ACT
Prohibiting certain conduct in public office; and prescribing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Abuse of
Public Office Prohibition and Penalty Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Elected official." An individual elected by the public to
serve a term in an elective office. The term shall include an
individual appointed to fill an unexpired term in an elective
office.
"Elective office." A position in a governmental body to
which an individual is required under the Constitution of
Pennsylvania or by law to be elected by the public.
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"Governmental body." A department, authority, commission,
committee, council, board, bureau, division, service, office,
administration, legislative body or other establishment in the
executive, legislative or judicial branch of the Commonwealth or
a political subdivision of the Commonwealth.
"Public contractor." A party to a contract with a
governmental body or an employee of a party to a contract with a
governmental body.
"Public employee." An individual employed by a governmental
body. An individual elected to a governmental body shall not be
deemed to be an employee of that governmental body.
"Public officer." An individual appointed by an elected
official or a governmental body to serve in a governmental body.
Section 3. Abuse of office.
(a) Prohibition.--It shall be unlawful for an elected
official or a public officer, or a public employee acting at the
request of an elected official or public officer, to
intentionally do any of the following:
(1) Compel a public employee to perform an activity
knowing that the activity is not related to the performance
of the duties of the office held by the elected official or
public officer.
(2) Compel a public contractor to provide a good or
service for the private pecuniary benefit of the elected
official, public officer or another person. This paragraph
shall not apply to an attempt to negotiate or enforce the
terms of a private or public contract.
(b) Penalty.--
(1) Except as provided under paragraph (2), an
individual found to have committed an offense under
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subsection (a) shall be guilty of a misdemeanor of the second
degree.
(2) If the aggregate value of the activities, goods or
services performed or provided in violation of subsection (a)
exceeds $2,000, an offense under this section shall be graded
a felony of the third degree.
Section 4. Penalty for false reports.
An individual who makes a fictitious report or gives false
information relating to an offense under this act shall be
guilty of a misdemeanor of the second degree.
Section 5. Effective date.
This act shall take effect in 60 days.
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