PRINTER'S NO. 1105
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
975
Session of
2019
INTRODUCED BY OBERLANDER, TOEPEL, LEWIS, KEEFER, MILLARD,
SCHLOSSBERG, QUINN, JAMES, DIAMOND, BERNSTINE, SAYLOR,
ZIMMERMAN, MACKENZIE, OTTEN, ISAACSON, BENNINGHOFF, MARSHALL,
MASSER, WEBSTER AND GILLEN, MARCH 26, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 26, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in matters affecting
government units, providing for reimbursement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 85 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER D
REIMBURSEMENT
Sec.
8571. Definitions.
8572. Liability for reimbursement for claim of major sexual
misconduct.
§ 8571. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Claim of major sexual misconduct." Conduct prohibited as an
offense listed in section 5552(b.1) or (c)(3) (relating to other
offenses).
"Government agency." The Commonwealth or a political
subdivision of the Commonwealth.
"Public official." As defined in 65 Pa.C.S. § 1102 (relating
to definitions).
§ 8572. Liability for reimbursement for claim of major sexual
misconduct.
(a) Costs to satisfy judgment or obtain release.--A public
official shall be liable for and shall reimburse a government
agency for the amount of any public money paid by the government
agency to:
(1) satisfy a judgment for a claim of major sexual
misconduct by the public official; or
(2) obtain a release for a claim of major sexual
misconduct by the public official, but a government agency
may not make a payment under this paragraph unless the
government agency first obtains the public official's
agreement to reimburse the government agency for the payment.
(b) Costs for outside counsel.--A public official subject to
reimburse a government agency under subsection (a) shall be
liable for and shall reimburse any public money paid by the
government agency to cover the costs incurred by the government
agency for outside counsel to defend the public official in
connection with the claim of major sexual misconduct.
(c) Method of reimbursement.--A court may order the public
official to make reimbursement under this section in a lump sum,
by monthly installments or according to another schedule as the
court may determine appropriate.
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(d) Status of reimbursement.--A reimbursement of public
money ordered by a court under this section shall be a judgment
in favor of the government agency upon the public official or
property of the public official ordered to make the
reimbursement. For a judgment owing to the Commonwealth, the
Attorney General shall be responsible for enforcing the judgment
in a court of competent jurisdiction.
(e) Deposit of reimbursed or recovered money.--Money
reimbursed or recovered under this section shall be deposited
into the fund from which the government agency made payment
regarding the claim of major sexual misconduct.
Section 2. This act shall take effect in 60 days.
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