CHAPTER 53

ABUSE OF OFFICE

 

Sec.

5301.  Official oppression.

5302.  Speculating or wagering on official action or information.

5303.  Liability for reimbursement of costs for outside counsel.

 

Enactment.  Chapter 53 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References.  Chapter 53 is referred to in sections 17316, 17346 of Title 16 (Counties); section 5508.3 of Title 53 (Municipalities Generally); section 6017 of Title 64 (Public Authorities and Quasi-Public Corporations).

§ 5301.  Official oppression.

A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:

(1)  subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or

(2)  denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.

§ 5302.  Speculating or wagering on official action or information.

A public servant commits a misdemeanor of the second degree if, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he:

(1)  acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action;

(2)  speculates or wagers on the basis of such information or official action; or

(3)  aids another to do any of the foregoing.

§ 5303.  Liability for reimbursement of costs for outside counsel.

(a)  General rule.--A public official who is convicted of a felony or a misdemeanor under Federal law or under the laws of this Commonwealth shall be liable for and shall reimburse any public money expended by the Commonwealth to cover the costs incurred by an agency for outside counsel to defend the convicted public official in connection with a criminal investigation and prosecution of such public official.

(b)  Conviction in State court.--When a public official is convicted of a felony or misdemeanor in State court, the court shall, in addition to the punishment prescribed for the offense, order the public official to reimburse any public money for which he is liable under subsection (a).

(c)  Conviction in Federal court.--When a public official is convicted of a felony or misdemeanor in a Federal court, the Attorney General shall institute a civil action in Commonwealth Court to recover the public money for which the public official is liable under subsection (a).

(d)  Method of reimbursement.--The court may order the public official to make reimbursement of public money in a lump sum, by monthly installments or according to such other schedule as the court may determine appropriate. The period of time during which the public official is ordered to make such reimbursement may exceed the maximum term of imprisonment to which the public official could have been sentenced for the crime of which he was convicted.

(e)  Status of reimbursement.--Any reimbursement of public money ordered by the court under this section shall be a judgment in favor of the Commonwealth upon the public official or property of the public official ordered to make reimbursement. The Attorney General shall be responsible for enforcing such judgment in courts of competent jurisdiction in accordance with provisions of this title.

(f)  Disposition of funds.--Any money reimbursed or recovered under this section shall be deposited in the fund from which the Commonwealth expended such public money.

(g)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Convicted."  A finding or verdict of guilty, an admission of guilt or a plea of nolo contendere.

"Public money."  Any money received by the Commonwealth or any agency of the Commonwealth through taxes imposed pursuant to the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, and through fees, fines and penalties imposed pursuant to the laws of this Commonwealth.

"Public official."  Any person who is required to file an annual statement of financial interests with the State Ethics Commission as a public official of the Commonwealth in accordance with the act of October 4, 1978 (P.L.883, No.170), referred to as the Public Official and Employee Ethics Law.

(July 11, 1996, P.L.552, No.98, eff. 60 days)

 

1996 Amendment.  Act 98 added section 5303.