AN ACT

 

1Amending the act of July 8, 1978 (P.L.752, No.140), entitled "An 
2act providing for the forfeiture of the pensions of certain 
3public employees and authorizing the State or political 
4subdivision to garnish the pension benefits of certain public 
5officers and employees upon conviction of certain criminal 
6activity related to their office or position of employment," 
7further providing for definitions.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1.  The definition of "crimes related to public 
11office or public employment" in section 2 of the act of July 8, 
121978 (P.L.752, No.140), known as the Public Employee Pension 
13Forfeiture Act, amended July 15, 2004 (P.L.733, No.86), is 
14amended to read:

15Section 2.  Definitions.

16The following words and phrases when used in this act shall
17have, unless the context clearly indicates otherwise, the
18meanings given to them in this section:

19"Crimes related to public office or public employment."  Any 
20of the criminal offenses as set forth in the following 

1provisions of Title 18 (Crimes and Offenses) of the Pennsylvania 
2Consolidated Statutes or other enumerated statute when committed 
3by a public official or public employee through his public 
4office or position or when his public employment places him in a 
5position to commit the crime:

6Any of the criminal offenses set forth in Subchapter B of 
7Chapter 31 (relating to definition of offenses) when the 
8criminal offense is committed by a school employee as defined 
9in 24 Pa.C.S. § 8102 (relating to definitions) against a 
10student.

11Section 3922 (relating to theft by deception) when the
12criminal culpability reaches the level of a misdemeanor of
13the first degree or higher.

14Section 3923 (relating to theft by extortion) when the
15criminal culpability reaches the level of a misdemeanor of
16the first degree or higher.

17Section 3926 (relating to theft of services) when the
18criminal culpability reaches the level of a misdemeanor of
19the first degree or higher.

20Section 3927 (relating to theft by failure to make
21required disposition of funds received) when the criminal
22culpability reaches the level of a misdemeanor of the first
23degree or higher.

24Section 4101 (relating to forgery).

25Section 4104 (relating to tampering with records or
26identification).

27Section 4113 (relating to misapplication of entrusted
28property and property of government or financial
29institutions) when the criminal culpability reaches the level
30of misdemeanor of the second degree.

1Section 4701 (relating to bribery in official and
2political matters).

3Section 4702 (relating to threats and other improper
4influence in official and political matters).

5Section 4902 (relating to perjury).

6Section 4903(a) (relating to false swearing).

7Section 4904 (relating to unsworn falsification to
8authorities).

9Section 4906 (relating to false reports to law
10enforcement authorities).

11Section 4909 (relating to witness or informant taking
12bribe).

13Section 4910 (relating to tampering with or fabricating
14physical evidence).

15Section 4911 (relating to tampering with public records
16or information).

17Section 4952 (relating to intimidation of witnesses or
18victims).

19Section 4953 (relating to retaliation against witness,
20victim or party).

21Section 5101 (relating to obstructing administration of
22law or other governmental function).

23Section 5301 (relating to official oppression).

24Section 5302 (relating to speculating or wagering on
25official action or information).

26Section 13(a)(14), (30) or (37) of the act of April 14, 
271972 (P.L.233, No.64), known as "The Controlled Substance, 
28Drug, Device and Cosmetic Act," when the criminal offense is 
29committed by a school administrator or teacher on school 
30property.

1Article III of the act of March 4, 1971 (P.L.6, No.2), 
2known as the "Tax Reform Code of 1971."

3In addition to the foregoing specific crimes, the term also
4includes all criminal offenses as set forth in Federal law
5substantially the same as the crimes enumerated herein.

6* * *

7Section 2.  This act shall take effect in 60 days.