PRINTER'S NO. 829
No. 750 Session of 2001
INTRODUCED BY SCHWARTZ, MARCH 29, 2001
REFERRED TO RULES AND EXECUTIVE NOMINATIONS, MARCH 29, 2001
AN ACT
1 Amending the act of July 8, 1978 (P.L.752, No.140), entitled "An
2 act providing for the forfeiture of the pensions of certain
3 public employees and authorizing the State or political
4 subdivision to garnish the pension benefits of certain public
5 officers and employees upon conviction of certain criminal
6 activity related to their office or position of employment,"
7 further providing for definitions.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The definition of "crimes related to public
11 office or public employment" of the act of July 8, 1978
12 (P.L.752, No.140), known as the Public Employee Pension
13 Forfeiture Act, is amended and the section is amended by adding
14 a definition to read:
15 Section 2. Definitions.
16 The following words and phrases when used in this act shall
17 have, unless the context clearly indicates otherwise, the
18 meanings given to them in this section:
19 "Crimes related to public office or public employment." Any
20 of the following criminal offenses as set forth in Title 18
1 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes
2 or other enumerated statute when committed by a legislator as
3 provided under paragraph (23) or when committed by a public
4 official or public employee through his public office or
5 position or when his public employment places him in a position
6 to commit the crime:
7 (1) § 3922 (relating to theft by deception);
8 (2) § 3923 (relating to theft by extortion);
9 (3) § 3926 (relating to theft of services);
10 (4) § 3927 (relating to theft by failure to make
11 required disposition of funds received); The provisions of
12 paragraphs (1) through (4) shall only apply when the criminal
13 culpability reaches the level of a misdemeanor of the first
14 degree or higher;
15 (5) § 4101 (relating to forgery);
16 (6) § 4104 (relating to tampering with records or
17 identification);
18 (7) § 4113 (relating to misapplication of entrusted
19 property and property of government or financial
20 institutions) when the criminal culpability reaches the level
21 of misdemeanor of the second degree;
22 (8) § 4701 (relating to bribery in official and
23 political matters);
24 (9) § 4702 (relating to threats and other improper
25 influence in official and political matters);
26 (10) § 4902 (relating to perjury);
27 (11) § 4903(a) (relating to false swearing);
28 (12) § 4904 (relating to unsworn falsification to
29 authorities);
30 (13) § 4906 (relating to false reports to law
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1 enforcement authorities);
2 (14) § 4907 (relating to tampering with witnesses and
3 informants);
4 (15) § 4908 (relating to retaliation against witness or
5 informant);
6 (16) § 4909 (relating to witness or informant taking
7 bribe);
8 (17) § 4910 (relating to tampering with or fabricating
9 physical evidence);
10 (18) § 4911 (relating to tampering with public records
11 or information);
12 (19) § 5101 (relating to obstructing administration of
13 law or other governmental function);
14 (20) § 5301 (relating to official oppression);
15 (21) § 5302 (relating to speculating or wagering on
16 official action or information); [and]
17 (22) Article III, act of March 4, 1971 (P.L.6, No.2),
18 known as the "Tax Reform Code of [1971."] 1971"; and
19 (23) any crime classified higher than a misdemeanor of
20 the second degree under the laws of this Commonwealth and any
21 crime under Federal law the penalty for which is a term of
22 imprisonment for five years or more, if the crime is
23 committed by a legislator.
24 In addition to the foregoing specific crimes, the term also
25 includes all criminal offenses as set forth in Federal law
26 substantially the same as the crimes enumerated herein.
27 "Legislator." An individual presently holding office as a
28 member of the General Assembly.
29 * * *
30 Section 2. This act shall apply to any member of the General
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1 Assembly joining any retirement system funded in whole or in
2 part by the Commonwealth or any political subdivision on or
3 after the effective date of this act.
4 Section 3. This act shall take effect in 60 days.
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