PRINTER'S NO. 3414
No. 2414 Session of 2002
INTRODUCED BY McGEEHAN, ARMSTRONG, BUNT, CASORIO, L. I. COHEN,
CORRIGAN, CRUZ, DALEY, DeLUCA, EGOLF, FRANKEL, GEIST, GEORGE,
GRUCELA, HANNA, HARHAI, HENNESSEY, HORSEY, KELLER, KENNEY,
KIRKLAND, LAWLESS, LEDERER, LEH, MARKOSEK, McCALL, MELIO,
MICHLOVIC, O'BRIEN, PALLONE, PRESTON, READSHAW, ROBINSON,
SAINATO, SCHRODER, B. SMITH, STABACK, R. STEVENSON, STURLA,
TANGRETTI, E. Z. TAYLOR, J. TAYLOR, THOMAS, TRICH, WALKO,
WATERS, WATSON, WOJNAROSKI, G. WRIGHT, YOUNGBLOOD, SAYLOR AND
FLICK, MARCH 13, 2002
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 13, 2002
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 providing for forfeitures of pension.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The definition of "crimes related to public
11 office or public employment" in section 2 of the act of July 8,
12 1978 (P.L.752, No.140), known as the Public Employee Pension
13 Forfeiture Act, is amended to read:
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have, unless the context clearly indicates otherwise, the
17 meanings given to them in this section:
1 "Crimes related to public office or public employment." Any
2 of the following criminal offenses as set forth in Title 18
3 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes
4 or other enumerated statute when committed by a public official
5 or public employee through his public office or position or when
6 his public employment places him in a position to commit the
7 crime:
8 (1) § 3922 (relating to theft by deception);
9 (2) § 3923 (relating to theft by extortion);
10 (3) § 3926 (relating to theft of services);
11 (4) § 3927 (relating to theft by failure to make
12 required disposition of funds received); The provisions of
13 paragraphs (1) through (4) shall only apply when the criminal
14 culpability reaches the level of a misdemeanor of the first
15 degree or higher;
16 (4.1) § 3935 (relating to theft of confidential
17 government information);
18 (5) § 4101 (relating to forgery);
19 (6) § 4104 (relating to tampering with records or
20 identification);
21 (7) § 4113 (relating to misapplication of entrusted
22 property and property of government or financial
23 institutions) when the criminal culpability reaches the level
24 of misdemeanor of the second degree;
25 (7.1) § 4120 (relating to identity theft);
26 (7.2) § 4121 (relating to trafficking in identity
27 documents);
28 (8) § 4701 (relating to bribery in official and
29 political matters);
30 (9) § 4702 (relating to threats and other improper
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1 influence in official and political matters);
2 (10) § 4902 (relating to perjury);
3 (11) § 4903(a) (relating to false swearing);
4 (12) § 4904 (relating to unsworn falsification to
5 authorities);
6 (13) § 4906 (relating to false reports to law
7 enforcement authorities);
8 (14) § 4907 (relating to tampering with witnesses and
9 informants);
10 (15) § 4908 (relating to retaliation against witness or
11 informant);
12 (16) § 4909 (relating to witness or informant taking
13 bribe);
14 (17) § 4910 (relating to tampering with or fabricating
15 physical evidence);
16 (18) § 4911 (relating to tampering with public records
17 or information);
18 (19) § 5101 (relating to obstructing administration of
19 law or other governmental function);
20 (20) § 5301 (relating to official oppression);
21 (21) § 5302 (relating to speculating or wagering on
22 official action or information); and
23 (22) Article III, act of March 4, 1971 (P.L.6, No.2),
24 known as the "Tax Reform Code of 1971."
25 In addition to the foregoing specific crimes, the term also
26 includes all criminal offenses as set forth in Federal law
27 substantially the same as the crimes enumerated herein.
28 * * *
29 Section 2. This act shall take effect in 60 days.
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