PRINTER'S NO. 685
No. 583 Session of 2003
INTRODUCED BY McGEEHAN, CORRIGAN, COY, DeLUCA, FICHTER, GRUCELA,
HARHAI, LAUGHLIN, LEDERER, LEVDANSKY, LEWIS, MARKOSEK, MELIO,
O'BRIEN, PISTELLA, STABACK, R. STEVENSON AND WANSACZ,
MARCH 3, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2003
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 forfeitures of pension.
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" in section 2 of the act of July 8,
12 1978 (P.L.752, No.140), known as the Public Employee Pension
13 Forfeiture Act, is amended to read:
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have, unless the context clearly indicates otherwise, the
17 meanings given to them in this section:
18 "Crimes related to public office or public employment." Any
19 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 public official
3 or public employee through his public office or position or when
4 his public employment places him in a position to commit the
5 crime:
6 (1) § 3922 (relating to theft by deception);
7 (2) § 3923 (relating to theft by extortion);
8 (3) § 3926 (relating to theft of services);
9 (4) § 3927 (relating to theft by failure to make
10 required disposition of funds received); The provisions of
11 paragraphs (1) through (4) shall only apply when the criminal
12 culpability reaches the level of a misdemeanor of the first
13 degree or higher;
14 (4.1) § 3935 (relating to theft of confidential
15 government information);
16 (5) § 4101 (relating to forgery);
17 (6) § 4104 (relating to tampering with records or
18 identification);
19 (7) § 4113 (relating to misapplication of entrusted
20 property and property of government or financial
21 institutions) when the criminal culpability reaches the level
22 of misdemeanor of the second degree;
23 (7.1) § 4120 (relating to identity theft);
24 (7.2) § 4121 (relating to trafficking in identity
25 documents);
26 (8) § 4701 (relating to bribery in official and
27 political matters);
28 (9) § 4702 (relating to threats and other improper
29 influence in official and political matters);
30 (10) § 4902 (relating to perjury);
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1 (11) § 4903(a) (relating to false swearing);
2 (12) § 4904 (relating to unsworn falsification to
3 authorities);
4 (13) § 4906 (relating to false reports to law
5 enforcement authorities);
6 (14) § 4907 (relating to tampering with witnesses and
7 informants);
8 (15) § 4908 (relating to retaliation against witness or
9 informant);
10 (16) § 4909 (relating to witness or informant taking
11 bribe);
12 (17) § 4910 (relating to tampering with or fabricating
13 physical evidence);
14 (18) § 4911 (relating to tampering with public records
15 or information);
16 (19) § 5101 (relating to obstructing administration of
17 law or other governmental function);
18 (20) § 5301 (relating to official oppression);
19 (21) § 5302 (relating to speculating or wagering on
20 official action or information); and
21 (22) Article III, act of March 4, 1971 (P.L.6, No.2),
22 known as the "Tax Reform Code of 1971."
23 In addition to the foregoing specific crimes, the term also
24 includes all criminal offenses as set forth in Federal law
25 substantially the same as the crimes enumerated herein.
26 * * *
27 Section 2. This act shall take effect in 60 days.
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