1Providing for abuse of office, for false reports and for
2penalties.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Abuse of
7Public Office Prohibition and Penalty Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Elected official." An individual elected by the public to
13serve a term in an elective office. The term shall include an
14individual appointed to fill an unexpired term in an elective
15office.

16"Elective office." A position in a governmental body to
17which an individual is required under the Constitution of
18Pennsylvania or by law to be elected by the public.

1"Governmental body." A department, authority, commission,
2committee, council, board, bureau, division, service, office,
3administration, legislative body or other establishment in the
4executive, legislative or judicial branch of the Commonwealth or
5a political subdivision of the Commonwealth.

6"Public contractor." A party to a contract with a
7governmental body or an employee of a party to a contract with a
8governmental body.

9"Public employee." An individual employed by a governmental
10body. An individual elected to a governmental body shall not be
11deemed to be an employee of that governmental body.

12"Public officer." An individual appointed by an elected
13official or a governmental body to serve in a governmental body.

14Section 3. Abuse of office.

15(a) Prohibition.--It shall be unlawful for an elected
16official, public officer, or public employee acting at the
17request of an elected official or public officer, to
18intentionally do any of the following:

19(1) Compel a public employee to perform an activity
20knowing that the activity is not related to the performance
21of the duties of the office held by the elected official or
22public officer.

23(2) Compel a public contractor to provide a good or
24service for the private pecuniary benefit of the elected
25official, public officer or another person. This paragraph
26shall not apply to an attempt to negotiate or enforce the
27terms of a private or public contract.

28(b) Penalty.--

29(1) Except as provided under paragraph (2), an
30individual found to have committed an offense under

1subsection (a) shall be guilty of a misdemeanor of the second
2degree.

3(2) If the aggregate value of the activities, goods or
4services performed or provided in violation of subsection (a)
5exceeds $2,000, an offense under this section shall be graded
6a felony of the third degree.

7(c) False reports.--An individual who makes a fictitious
8report or gives false information relating to an offense under
9this section shall be guilty of a misdemeanor of the second
10degree.

11Section 10. Effective date.

12This act shall take effect in 60 days.