THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY McILHINNEY, SEPTEMBER 25, 2012

REFERRED TO FINANCE, SEPTEMBER 25, 2012  

AN ACT

Amending the act of July 8, 1978 (P.L.752, No.140), entitled "An

act providing for the forfeiture of the pensions of certain

public employees and authorizing the State or political

subdivision to garnish the pension benefits of certain public

officers and employees upon conviction of certain criminal

activity related to their office or position of employment,"

clarifying the scope of the act.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 of the act of July 8, 1978 (P.L.752,

No.140), known as the Public Employee Pension Forfeiture Act,

amended July 15, 2004 (P.L.733, No.86), is amended to read:

Section 2.  Definitions.

The following words and phrases when used in this act shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"Crimes related to public office or public employment."  Any

of the criminal offenses as set forth in the following

provisions of Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes or other enumerated statute when committed

by a public official or public employee through his public

office or position or when his public employment places him in a

position to commit the crime:

Any of the criminal offenses set forth in Subchapter B of

Chapter 31 (relating to definition of offenses) when the

criminal offense is committed by a school employee [as defined

in 24 Pa.C.S. § 8102 (relating to definitions)] against a

student.

Section 3922 (relating to theft by deception) when the

criminal culpability reaches the level of a misdemeanor of the

first degree or higher.

Section 3923 (relating to theft by extortion) when the

criminal culpability reaches the level of a misdemeanor of the

first degree or higher.

Section 3926 (relating to theft of services) when the

criminal culpability reaches the level of a misdemeanor of the

first degree or higher.

Section 3927 (relating to theft by failure to make required

disposition of funds received) when the criminal culpability

reaches the level of a misdemeanor of the first degree or

higher.

Section 4101 (relating to forgery).

Section 4104 (relating to tampering with records or

identification).

Section 4113 (relating to misapplication of entrusted

property and property of government or financial institutions)

when the criminal culpability reaches the level of misdemeanor

of the second degree.

Section 4701 (relating to bribery in official and political

matters).

Section 4702 (relating to threats and other improper

influence in official and political matters).

Section 4902 (relating to perjury).

Section 4903(a) (relating to false swearing).

Section 4904 (relating to unsworn falsification to

authorities).

Section 4906 (relating to false reports to law enforcement

authorities).

Section 4909 (relating to witness or informant taking bribe).

Section 4910 (relating to tampering with or fabricating

physical evidence).

Section 4911 (relating to tampering with public records or

information).

Section 4952 (relating to intimidation of witnesses or

victims).

Section 4953 (relating to retaliation against witness, victim

or party).

Section 5101 (relating to obstructing administration of law

or other governmental function).

Section 5301 (relating to official oppression).

Section 5302 (relating to speculating or wagering on official

action or information).

Article III of the act of March 4, 1971 (P.L.6, No.2), known

as the "Tax Reform Code of 1971."

In addition to the foregoing specific crimes, the term also

includes all criminal offenses as set forth in Federal law

substantially the same as the crimes enumerated herein.

"Political subdivision."  Any county, city, borough,

incorporated town, township, school district, vocational school

district, intermediate unit, municipal authority, home rule,

optional plan or optional charter municipality, and any

agencies, boards, commissions, committees, departments,

instrumentalities, or entities thereof designated to act in

behalf of a political subdivision either by statute or

appropriation.

"Public official" or "public employee."  Any person who is

elected or appointed to any public office or employment

including justices, judges and justices of the peace and members

of the General Assembly or who is acting or who has acted in

behalf of the Commonwealth or a political subdivision or any

agency thereof including but not limited to any person who has

so acted and is otherwise entitled to or is receiving retirement

benefits whether that person is acting on a permanent or

temporary basis and whether or not compensated on a full or

part-time basis. This term shall not include independent

contractors nor their employees or agents under contract to the

Commonwealth or political subdivision nor shall it apply to any

person performing tasks over which the Commonwealth or political

subdivision has no legal right of control. However, this term

shall include all persons who are members of any retirement

system funded in whole or in part by the Commonwealth or any

political subdivision. For the purposes of this act such persons

are deemed to be engaged in public employment.

"School employee."  As defined in 24 Pa.C.S. § 8102 (relating

to definitions).

"Student."  A minor who is being:

(1)  instructed by a school employee;

(2)  supervised by a school employee;

(3)  counseled by a school employee; or

(4)  mentored by a school employee.

Section 2.  The amendment of section 2 of the act is intended

to clarify the scope of the act as amended by the act of July

15, 2004 (P.L.733, No.86), entitled "An act amending the act of

July 8, 1978 (P.L.752, No.140), entitled 'An act providing for

the forfeiture of the pensions of certain public employees and

authorizing the State or political subdivision to garnish the

pension benefits of certain public officers and employees upon

conviction of certain criminal activity related to their office

or position of employment,' further defining 'crimes related to

public office or public employment' to include certain sexual

offenses committed by school employees against students."

Section 3.  This act shall take effect immediately.