PRINTER'S NO. 1122
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
991
Session of
2019
INTRODUCED BY THOMAS, TOEPEL, ROTHMAN, BARRAR, MILLARD, MURT,
OBERLANDER, BERNSTINE, B. MILLER, KEEFER, MASSER, GROVE,
WARREN AND MOUL, MARCH 27, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 27, 2019
AN ACT
Amending the act of July 8, 1978 (P.L.752, No.140), entitled "An
act providing for the forfeiture of the pensions of certain
public employees and authorizing the State or political
subdivision to garnish the pension benefits of certain public
officers and employees upon conviction of certain criminal
activity related to their office or position of employment,"
further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "crimes related to public
office or public employment" in section 2 of the act of July 8,
1978 (P.L.752, No.140), known as the Public Employee Pension
Forfeiture Act, is amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Crimes related to public office or public employment." Any
of the criminal offenses as set forth in the following
provisions of Title 18 (Crimes and Offenses) of the Pennsylvania
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Consolidated Statutes or other enumerated statute when committed
by a public official or public employee through his public
office or position or when his public employment places him in a
position to commit the crime:
Any of the criminal offenses set forth in Subchapter B of
Chapter 31 (relating to definition of offenses) [when the
criminal offense is committed by a school employee as defined in
24 Pa.C.S. ยง 8102 (relating to definitions) against a student].
Section 3922 (relating to theft by deception) when the
criminal culpability reaches the level of a misdemeanor of the
first degree or higher.
Section 3923 (relating to theft by extortion) when the
criminal culpability reaches the level of a misdemeanor of the
first degree or higher.
Section 3926 (relating to theft of services) when the
criminal culpability reaches the level of a misdemeanor of the
first degree or higher.
Section 3927 (relating to theft by failure to make required
disposition of funds received) when the criminal culpability
reaches the level of a misdemeanor of the first degree or
higher.
Section 4101 (relating to forgery).
Section 4104 (relating to tampering with records or
identification).
Section 4113 (relating to misapplication of entrusted
property and property of government or financial institutions)
when the criminal culpability reaches the level of misdemeanor
of the second degree.
Section 4701 (relating to bribery in official and political
matters).
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Section 4702 (relating to threats and other improper
influence in official and political matters).
Section 4902 (relating to perjury).
Section 4903(a) (relating to false swearing).
Section 4904 (relating to unsworn falsification to
authorities).
Section 4906 (relating to false reports to law enforcement
authorities).
Section 4909 (relating to witness or informant taking bribe).
Section 4910 (relating to tampering with or fabricating
physical evidence).
Section 4911 (relating to tampering with public records or
information).
Section 4952 (relating to intimidation of witnesses or
victims).
Section 4953 (relating to retaliation against witness, victim
or party).
Section 5101 (relating to obstructing administration of law
or other governmental function).
Section 5301 (relating to official oppression).
Section 5302 (relating to speculating or wagering on official
action or information).
Article III of the act of March 4, 1971 (P.L.6, No.2), known
as the "Tax Reform Code of 1971."
In addition to the foregoing specific crimes, the term also
includes all criminal offenses as set forth in Federal law
substantially the same as the crimes enumerated herein.
* * *
Section 2. The amendment of the definition of "crimes
related to public office or public employment" in section 2 of
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the act shall apply to crimes related to public office or public
employment committed on or after the effective date of this
section.
Section 3. This act shall take effect immediately.
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