PRINTER'S NO. 3094
No. 2220 Session of 2005
INTRODUCED BY FRANKEL, CALTAGIRONE, CURRY, DeLUCA, GEIST, GOOD, HARRIS, LEVDANSKY, MILLARD, MUNDY, MUSTIO, PYLE, SIPTROTH, TANGRETTI AND TRUE, NOVEMBER 14, 2005
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 14, 2005
AN ACT 1 Amending the act of July 8, 1978 (P.L.752, No.140), entitled "An 2 act providing for the forfeiture of the pensions of certain 3 public employees and authorizing the State or political 4 subdivision to garnish the pension benefits of certain public 5 officers and employees upon conviction of certain criminal 6 activity related to their office or position of employment," 7 further defining "crimes related to public office or public 8 employment." 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. The definition of "crimes related to public 12 office or public employment" in section 2 of the act of July 8, 13 1978 (P.L.752, No.140), known as the Public Employee Pension 14 Forfeiture Act, amended July 15, 2004 (P.L.733, No.86), is 15 amended to read: 16 Section 2. Definitions. 17 The following words and phrases when used in this act shall 18 have, unless the context clearly indicates otherwise, the 19 meanings given to them in this section: 20 "Crimes related to public office or public employment." Any
1 of the criminal offenses as set forth in the following 2 provisions of Title 18 (Crimes and Offenses) of the Pennsylvania 3 Consolidated Statutes or other enumerated statute when committed 4 by a public official or public employee through his public 5 office or position or when his public employment places him in a 6 position to commit the crime: 7 Any of the criminal offenses set forth in Subchapter B of 8 Chapter 31 (relating to definition of offenses) when the 9 criminal offense is committed by a school employee as defined 10 in 24 Pa.C.S. § 8102 (relating to definitions) against a 11 student. 12 Section 3922 (relating to theft by deception) when the 13 criminal culpability reaches the level of a misdemeanor of 14 the first degree or higher. 15 Section 3923 (relating to theft by extortion) when the 16 criminal culpability reaches the level of a misdemeanor of 17 the first degree or higher. 18 Section 3926 (relating to theft of services) when the 19 criminal culpability reaches the level of a misdemeanor of 20 the first degree or higher. 21 Section 3927 (relating to theft by failure to make 22 required disposition of funds received) when the criminal 23 culpability reaches the level of a misdemeanor of the first 24 degree or higher. 25 Section 4101 (relating to forgery). 26 Section 4104 (relating to tampering with records or 27 identification). 28 Section 4113 (relating to misapplication of entrusted 29 property and property of government or financial 30 institutions) when the criminal culpability reaches the level 20050H2220B3094 - 2 -
1 of misdemeanor of the second degree. 2 Section 4701 (relating to bribery in official and 3 political matters). 4 Section 4702 (relating to threats and other improper 5 influence in official and political matters). 6 Section 4902 (relating to perjury). 7 Section 4903(a) (relating to false swearing). 8 Section 4904 (relating to unsworn falsification to 9 authorities). 10 Section 4906 (relating to false reports to law 11 enforcement authorities). 12 Section 4909 (relating to witness or informant taking 13 bribe). 14 Section 4910 (relating to tampering with or fabricating 15 physical evidence). 16 Section 4911 (relating to tampering with public records 17 or information). 18 Section 4952 (relating to intimidation of witnesses or 19 victims). 20 Section 4953 (relating to retaliation against witness, 21 victim or party). 22 Section 5101 (relating to obstructing administration of 23 law or other governmental function). 24 Section 5301 (relating to official oppression). 25 Section 5302 (relating to speculating or wagering on 26 official action or information). 27 Any felony offense under the act of April 14, 1972 28 (P.L.233, No.64), known as "The Controlled Substance, Drug, 29 Device and Cosmetic Act," when committed by a public official 30 or public employee at his place of public office or public 20050H2220B3094 - 3 -
1 employment.
2 Article III of the act of March 4, 1971 (P.L.6, No.2),
3 known as the "Tax Reform Code of 1971."
4 In addition to the foregoing specific crimes, the term also
5 includes all criminal offenses as set forth in Federal law
6 substantially the same as the crimes enumerated herein.
7 * * *
8 Section 2. This act shall take effect in 60 days.
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