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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DePASQUALE, CARROLL, D. COSTA, DALEY, DAVIS, DAVIDSON, FABRIZIO, FREEMAN, GABLER, GERGELY, GIBBONS, GILLESPIE, GOODMAN, HARRIS, HELM, HORNAMAN, JAMES, KORTZ, MAHONEY, MANN, MASSER, MULLERY, NEILSON, NEUMAN, QUINN, ROEBUCK, SABATINA, SCHMOTZER, K. SMITH, M. SMITH, THOMAS, WATERS, WILLIAMS, AUMENT, SANTARSIERO, PARKER, BRIGGS AND JOSEPHS, AUGUST 9, 2012 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 9, 2012 |
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| AN ACT |
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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 the definition of "crimes related to |
8 | public office or public employment." |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. The definition of "crimes related to public |
12 | office or public employment" in section 2 of the act of July 8, |
13 | 1978 (P.L.752, No.140), known as the Public Employee Pension |
14 | Forfeiture Act, amended July 15, 2004 (P.L.733, No.86), is |
15 | amended and the section is amended by adding a definition to |
16 | read: |
17 | Section 2. Definitions. |
18 | The following words and phrases when used in this act shall |
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1 | have, unless the context clearly indicates otherwise, the |
2 | meanings given to them in this section: |
3 | "Crimes related to public office or public employment." Any |
4 | of the criminal offenses as set forth in the following |
5 | provisions of Title 18 (Crimes and Offenses) of the Pennsylvania |
6 | Consolidated Statutes or other enumerated statute when committed |
7 | by a public official or public employee through his public |
8 | office or position or when his public employment places him in a |
9 | position to commit the crime: |
10 | Any of the criminal offenses set forth in Subchapter B of |
11 | Chapter 31 (relating to definition of offenses) when the |
12 | criminal offense is committed by a school employee as defined in |
13 | 24 Pa.C.S. § 8102 (relating to definitions) against a student. |
14 | Section 3922 (relating to theft by deception) when the |
15 | criminal culpability reaches the level of a misdemeanor of the |
16 | first degree or higher. |
17 | Section 3923 (relating to theft by extortion) when the |
18 | criminal culpability reaches the level of a misdemeanor of the |
19 | first degree or higher. |
20 | Section 3926 (relating to theft of services) when the |
21 | criminal culpability reaches the level of a misdemeanor of the |
22 | first degree or higher. |
23 | Section 3927 (relating to theft by failure to make required |
24 | disposition of funds received) when the criminal culpability |
25 | reaches the level of a misdemeanor of the first degree or |
26 | higher. |
27 | Section 4101 (relating to forgery). |
28 | Section 4104 (relating to tampering with records or |
29 | identification). |
30 | Section 4113 (relating to misapplication of entrusted |
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1 | property and property of government or financial institutions) |
2 | when the criminal culpability reaches the level of misdemeanor |
3 | of the second degree. |
4 | Section 4701 (relating to bribery in official and political |
5 | matters). |
6 | Section 4702 (relating to threats and other improper |
7 | influence in official and political matters). |
8 | Section 4902 (relating to perjury). |
9 | Section 4903(a) (relating to false swearing). |
10 | Section 4904 (relating to unsworn falsification to |
11 | authorities). |
12 | Section 4906 (relating to false reports to law enforcement |
13 | authorities). |
14 | Section 4909 (relating to witness or informant taking bribe). |
15 | Section 4910 (relating to tampering with or fabricating |
16 | physical evidence). |
17 | Section 4911 (relating to tampering with public records or |
18 | information). |
19 | Section 4952 (relating to intimidation of witnesses or |
20 | victims). |
21 | Section 4953 (relating to retaliation against witness, victim |
22 | or party). |
23 | Section 5101 (relating to obstructing administration of law |
24 | or other governmental function). |
25 | Section 5301 (relating to official oppression). |
26 | Section 5302 (relating to speculating or wagering on official |
27 | action or information). |
28 | Any offense that requires registration under 42 Pa.C.S. § |
29 | 9795.1 (relating to registration). |
30 | Article III of the act of March 4, 1971 (P.L.6, No.2), known |
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1 | as the "Tax Reform Code of 1971." |
2 | In addition to the foregoing specific crimes, the term also |
3 | includes all criminal offenses as set forth in Federal law |
4 | substantially the same as the crimes enumerated herein. |
5 | "Political subdivision." Any county, city, borough, |
6 | incorporated town, township, school district, vocational school |
7 | district, intermediate unit, municipal authority, home rule, |
8 | optional plan or optional charter municipality, and any |
9 | agencies, boards, commissions, committees, departments, |
10 | instrumentalities, or entities thereof designated to act in |
11 | behalf of a political subdivision either by statute or |
12 | appropriation. |
13 | "Public official" or "public employee." Any person who is |
14 | elected or appointed to any public office or employment |
15 | including justices, judges and justices of the peace and members |
16 | of the General Assembly or who is acting or who has acted in |
17 | behalf of the Commonwealth or a political subdivision or any |
18 | agency thereof including but not limited to any person who has |
19 | so acted and is otherwise entitled to or is receiving retirement |
20 | benefits whether that person is acting on a permanent or |
21 | temporary basis and whether or not compensated on a full or |
22 | part-time basis. This term shall not include independent |
23 | contractors nor their employees or agents under contract to the |
24 | Commonwealth or political subdivision nor shall it apply to any |
25 | person performing tasks over which the Commonwealth or political |
26 | subdivision has no legal right of control. However, this term |
27 | shall include all persons who are members of any retirement |
28 | system funded in whole or in part by the Commonwealth or any |
29 | political subdivision. For the purposes of this act such persons |
30 | are deemed to be engaged in public employment. |
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1 | "Public school." Any or all classes or schools within this |
2 | Commonwealth conducted under the order and superintendence of |
3 | the Department of Education including, but not limited to, all |
4 | educational classes of any employer charged with the |
5 | responsibility of public education within this Commonwealth as |
6 | well as those classes financed wholly or in part by the Federal |
7 | Government, State-owned colleges and universities, The |
8 | Pennsylvania State University, community colleges, area |
9 | vocational-technical schools, intermediate units, the State |
10 | Board of Education, Scotland School for Veterans' Children, |
11 | Thaddues Stevens State School of Technology and the Pennsylvania |
12 | State Oral School for the Deaf. |
13 | Section 2. Section 4(a) of the act is amended to read: |
14 | Section 4. Restitution for monetary loss. |
15 | (a) Whenever any public official or employee who is a member |
16 | of any pension system funded by public moneys is convicted or |
17 | pleads guilty or pleads no defense in any court of record to any |
18 | crime related to a public office or public employment, the court |
19 | shall order the defendant to make complete and full restitution |
20 | to the public school, Commonwealth or political subdivision of |
21 | any monetary loss incurred as a result of the criminal offense. |
22 | * * * |
23 | Section 3. The amendment of sections 2 and 4 of the act |
24 | shall apply retroactively to June 1, 2012. |
25 | Section 4. This act shall take effect immediately. |
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