| |
| PRIOR PRINTER'S NO. 3737 | PRINTER'S NO. 4075 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY F. KELLER, BLOOM, BOYD, CUTLER, DeLUCA, GROVE, HARRIS, HORNAMAN, KAUFFMAN, MARSICO, MASSER, MUNDY, TALLMAN, VULAKOVICH, MOUL, NEILSON, SWANGER, METCALFE AND PERRY, JUNE 13, 2012 |
| |
| |
| AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 2012 |
| |
| |
| |
| 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, for disqualification and |
8 | forfeiture of benefits and for restitution for monetary loss; | <-- |
9 | and repealing retroactivity provision. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 2 of the act of July 8, 1978 (P.L.752, | <-- |
13 | No.140), known as the Public Employee Pension Forfeiture Act, is |
14 | amended by adding 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 | * * * |
20 | "Felony offense." Any crime classified as a felony under the |
|
1 | laws of Pennsylvania or a Federal offense punishable by a term |
2 | of imprisonment greater than one year. |
3 | * * * |
4 | Section 1. The definition of "crimes related to public | <-- |
5 | office or public employment" in section 2 of the act of July 8, |
6 | 1978 (P.L.752, No.140), known as the Public Employee Pension |
7 | Forfeiture Act, amended July 15, 2004 (P.L.733, No.86), is |
8 | amended and the section is amended by adding definitions to |
9 | read: |
10 | Section 2. Definitions. |
11 | The following words and phrases when used in this act shall |
12 | have, unless the context clearly indicates otherwise, the |
13 | meanings given to them in this section: |
14 | "Crime of violence." Any of the criminal offenses set forth |
15 | in 18 Pa.C.S. Ch. 25 (relating to criminal homicide), aggravated |
16 | assault as defined in 18 Pa.C.S. § 2702 (relating to aggravated |
17 | assault), rape as defined in 18 Pa.C.S. § 3121 (relating to |
18 | rape), involuntary deviate sexual intercourse as defined in 18 |
19 | Pa.C.S. § 3123 (relating to involuntary deviate sexual |
20 | intercourse), aggravated indecent assault as defined in 18 |
21 | Pa.C.S. § 3125 (relating to aggravated indecent assault), incest |
22 | as defined in 18 Pa.C.S. § 4302 (relating to incest), sexual |
23 | assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual |
24 | assault), sexual abuse of children as defined in 18 Pa.C.S. § |
25 | 6312 (relating to sexual abuse of children), arson as defined in |
26 | 18 Pa.C.S. § 3301(a) (relating to arson and related offenses), |
27 | kidnapping as defined in 18 Pa.C.S. § 2901 (relating to |
28 | kidnapping), burglary as defined in 18 Pa.C.S. § 3502(a)(1) |
29 | (relating to burglary), robbery as defined in 18 Pa.C.S. § 3701 |
30 | (relating to robbery), robbery of a motor vehicle as defined in |
|
1 | 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle), |
2 | terrorism as defined in 18 Pa.C.S. § 2717 (relating to |
3 | terrorism), or criminal attempt, criminal conspiracy or criminal |
4 | solicitation to commit any of the offenses listed in this |
5 | definition, or an equivalent crime under the laws of this |
6 | Commonwealth in effect at the time of the commission of that |
7 | offense, or an equivalent crime in any other jurisdiction. In |
8 | addition to the crimes specified in this definition, the term |
9 | also includes all criminal offenses as set forth in Federal law |
10 | which are substantially the same as the crimes enumerated in |
11 | this definition. |
12 | ["Crimes] "Crime related to public office or public |
13 | employment." Any of the criminal offenses as set forth in the |
14 | following provisions of Title 18 (Crimes and Offenses) of the |
15 | Pennsylvania Consolidated Statutes or other enumerated statute, |
16 | or criminal attempt, criminal conspiracy or criminal |
17 | solicitation to commit any of the offenses listed in this |
18 | definition, when committed by a public official or public |
19 | employee through his public office or position or when his |
20 | public employment places him in a position to commit the crime: |
21 | Any of the criminal offenses set forth in Subchapter B of |
22 | Chapter 31 (relating to definition of offenses) [when the |
23 | criminal offense is committed by a school employee as defined in |
24 | 24 Pa.C.S. § 8102 (relating to definitions) against a student]. |
25 | Section 3921 (relating to theft by unlawful taking or |
26 | disposition) when the criminal culpability reaches the level of |
27 | a misdemeanor of the first degree or higher. |
28 | Section 3922 (relating to theft by deception) when the |
29 | criminal culpability reaches the level of a misdemeanor of the |
30 | first degree or higher. |
|
1 | Section 3923 (relating to theft by extortion) when the |
2 | criminal culpability reaches the level of a misdemeanor of the |
3 | first degree or higher. |
4 | Section 3926 (relating to theft of services) when the |
5 | criminal culpability reaches the level of a misdemeanor of the |
6 | first degree or higher. |
7 | Section 3927 (relating to theft by failure to make required |
8 | disposition of funds received) when the criminal culpability |
9 | reaches the level of a misdemeanor of the first degree or |
10 | higher. |
11 | Section 4101 (relating to forgery). |
12 | Section 4104 (relating to tampering with records or |
13 | identification). |
14 | Section 4113 (relating to misapplication of entrusted |
15 | property and property of government or financial institutions) |
16 | when the criminal culpability reaches the level of misdemeanor |
17 | of the second degree. |
18 | Section 4701 (relating to bribery in official and political |
19 | matters). |
20 | Section 4702 (relating to threats and other improper |
21 | influence in official and political matters). |
22 | Section 4902 (relating to perjury). |
23 | Section 4903(a) (relating to false swearing). |
24 | Section 4904 (relating to unsworn falsification to |
25 | authorities). |
26 | Section 4906 (relating to false reports to law enforcement |
27 | authorities). |
28 | Section 4909 (relating to witness or informant taking bribe). |
29 | Section 4910 (relating to tampering with or fabricating |
30 | physical evidence). |
|
1 | Section 4911 (relating to tampering with public records or |
2 | information). |
3 | Section 4952 (relating to intimidation of witnesses or |
4 | victims). |
5 | Section 4953 (relating to retaliation against witness, victim |
6 | or party). |
7 | Section 5101 (relating to obstructing administration of law |
8 | or other governmental function). |
9 | Section 5301 (relating to official oppression). |
10 | Section 5302 (relating to speculating or wagering on official |
11 | action or information). |
12 | 65 Pa.C.S. § 1103 (relating to restricted activities). |
13 | Article III of the act of March 4, 1971 (P.L.6, No.2), known |
14 | as the "Tax Reform Code of 1971." |
15 | In addition to the foregoing specific crimes, the term also |
16 | includes all criminal offenses as set forth in Federal law |
17 | substantially the same as the crimes enumerated herein. |
18 | "Felony offense." Any crime classified as a felony under the |
19 | laws of this Commonwealth or any other jurisdiction or a Federal |
20 | offense punishable by a term of imprisonment greater than one |
21 | year. |
22 | * * * |
23 | Section 2. Sections 3(a) and 4(a) of the act are amended to |
24 | read: |
25 | Section 3. Disqualification and forfeiture of benefits. |
26 | (a) Notwithstanding any other provision of law, no public |
27 | official or public employee nor any beneficiary designated by |
28 | such public official or public employee shall be entitled to |
29 | receive any retirement or other benefit or payment of any kind |
30 | except a return of the contribution paid into any pension fund |
|
1 | without interest, if such public official or public employee is |
2 | convicted or pleads guilty or no defense to any felony offense |
3 | or, any crime related to public office or public employment or | <-- |
4 | any crime of violence. |
5 | * * * |
6 | Section 4. Restitution for monetary loss. |
7 | (a) Whenever any public official or employee who is a member |
8 | of any pension system funded by public moneys is convicted or |
9 | pleads guilty or pleads no defense in any court of record to any |
10 | felony offense or, any crime related to a public office or | <-- |
11 | public employment or any crime of violence, the court shall | <-- |
12 | order the defendant to make complete and full restitution to the |
13 | Commonwealth or political subdivision of any monetary loss |
14 | incurred as a result of the criminal offense. |
15 | * * * |
16 | Section 3. Section 7 of the act is repealed: | <-- |
17 | [Section 7. Retroactively. |
18 | The provisions of this act shall be retroactive to December |
19 | 1, 1972.] |
20 | Section 3 4. This act shall take effect in 60 days | <-- |
21 | immediately. | <-- |
|