THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GIBBONS, CUTLER, DEASY, DeLUCA, GROVE, KAVULICH, KIRKLAND, MARSHALL AND VULAKOVICH, MARCH 4, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 4, 2011  

AN ACT

Providing for abuse of office, for false reports and for

penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Abuse of

Public Office Prohibition and Penalty Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Elected official."  An individual elected by the public to

serve a term in an elective office. The term shall include an

individual appointed to fill an unexpired term in an elective

office.

"Elective office."  A position in a governmental body to

which an individual is required under the Constitution of

Pennsylvania or by law to be elected by the public.

"Governmental body."  A department, authority, commission,

committee, council, board, bureau, division, service, office,

administration, legislative body or other establishment in the

executive, legislative or judicial branch of the Commonwealth or

a political subdivision of the Commonwealth.

"Public contractor."  A party to a contract with a

governmental body or an employee of a party to a contract with a

governmental body.

"Public employee."  An individual employed by a governmental

body. An individual elected to a governmental body shall not be

deemed to be an employee of that governmental body.

"Public officer."  An individual appointed by an elected

official or a governmental body to serve in a governmental body.

Section 3.  Abuse of office.

(a)  Prohibition.--It shall be unlawful for an elected

official, public officer, or public employee acting at the

request of an elected official or public officer, to

intentionally do any of the following:

(1)  Compel a public employee to perform an activity

knowing that the activity is not related to the performance

of the duties of the office held by the elected official or

public officer.

(2)  Compel a public contractor to provide a good or

service for the private pecuniary benefit of the elected

official, public officer or another person. This paragraph

shall not apply to an attempt to negotiate or enforce the

terms of a private or public contract.

(b)  Penalty.--

(1)  Except as provided under paragraph (2), an

individual found to have committed an offense under

subsection (a) shall be guilty of a misdemeanor of the second

degree.

(2)  If the aggregate value of the activities, goods or

services performed or provided in violation of subsection (a)

exceeds $2,000, an offense under this section shall be graded

a felony of the third degree.

(c)  False reports.--An individual who makes a fictitious

report or gives false information relating to an offense under

this section shall be guilty of a misdemeanor of the second

degree.

Section 10.  Effective date.

This act shall take effect in 60 days.