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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CASORIO, CALTAGIRONE, D. COSTA, CUTLER, DALLY, DEASY, HENNESSEY, KULA, MAHONEY, MANN, MATZIE, MOUL, MURT, REICHLEY, SIPTROTH, SWANGER, VULAKOVICH, WALKO, MELIO AND HORNAMAN, APRIL 3, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 2009 |
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| AN ACT |
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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. Section 2 of the act of July 8, 1978 (P.L.752, |
12 | No.140), known as the Public Employee Pension Forfeiture Act, |
13 | amended July 15, 2004 (P.L.733, No.86), 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: |
18 | "Crimes related to public office or public employment." Any |
19 | of the criminal offenses as set forth in the following |
20 | provisions of Title 18 (Crimes and Offenses) of the Pennsylvania |
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1 | Consolidated Statutes or other enumerated statute when committed |
2 | by a public official or public employee through his public |
3 | office or position or when his public employment places him in a |
4 | position to commit the crime: |
5 | Any of the criminal offenses set forth in Subchapter B of |
6 | Chapter 31 (relating to definition of offenses) when the |
7 | criminal offense is committed by a school employee as defined in |
8 | 24 Pa.C.S. § 8102 (relating to definitions) against a student. |
9 | Section 3124.2 (relating to institutional sexual assault). |
10 | Section 3922 (relating to theft by deception) when the |
11 | criminal culpability reaches the level of a misdemeanor of the |
12 | first degree or higher. |
13 | Section 3923 (relating to theft by extortion) when the |
14 | criminal culpability reaches the level of a misdemeanor of the |
15 | first degree or higher. |
16 | Section 3926 (relating to theft of services) when the |
17 | criminal culpability reaches the level of a misdemeanor of the |
18 | first degree or higher. |
19 | Section 3927 (relating to theft by failure to make required |
20 | disposition of funds received) when the criminal culpability |
21 | reaches the level of a misdemeanor of the first degree or |
22 | higher. |
23 | Section 4101 (relating to forgery). |
24 | Section 4104 (relating to tampering with records or |
25 | identification). |
26 | Section 4113 (relating to misapplication of entrusted |
27 | property and property of government or financial institutions) |
28 | when the criminal culpability reaches the level of misdemeanor |
29 | of the second degree. |
30 | Section 4701 (relating to bribery in official and political |
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1 | matters). |
2 | Section 4702 (relating to threats and other improper |
3 | influence in official and political matters). |
4 | Section 4902 (relating to perjury). |
5 | Section 4903(a) (relating to false swearing). |
6 | Section 4904 (relating to unsworn falsification to |
7 | authorities). |
8 | Section 4906 (relating to false reports to law enforcement |
9 | authorities). |
10 | Section 4909 (relating to witness or informant taking bribe). |
11 | Section 4910 (relating to tampering with or fabricating |
12 | physical evidence). |
13 | Section 4911 (relating to tampering with public records or |
14 | information). |
15 | Section 4952 (relating to intimidation of witnesses or |
16 | victims). |
17 | Section 4953 (relating to retaliation against witness, victim |
18 | or party). |
19 | Section 5101 (relating to obstructing administration of law |
20 | or other governmental function). |
21 | Section 5123(a), (c) or (c.1) (relating to contraband). |
22 | Section 5301 (relating to official oppression). |
23 | Section 5302 (relating to speculating or wagering on official |
24 | action or information). |
25 | Article III of the act of March 4, 1971 (P.L.6, No.2), known |
26 | as the "Tax Reform Code of 1971." |
27 | In addition to the foregoing specific crimes, the term also |
28 | includes all criminal offenses as set forth in Federal law |
29 | substantially the same as the crimes enumerated herein. |
30 | "Political subdivision." Any county, city, borough, |
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1 | incorporated town, township, school district, vocational school |
2 | district, intermediate unit, municipal authority, home rule, |
3 | optional plan or optional charter municipality, and any |
4 | agencies, boards, commissions, committees, departments, |
5 | instrumentalities, or entities thereof designated to act in |
6 | behalf of a political subdivision either by statute or |
7 | appropriation. |
8 | "Public official" or "public employee." Any person who is |
9 | elected or appointed to any public office or employment |
10 | including justices, judges and justices of the peace and members |
11 | of the General Assembly or who is acting or who has acted in |
12 | behalf of the Commonwealth or a political subdivision or any |
13 | agency thereof including but not limited to any person who has |
14 | so acted and is otherwise entitled to or is receiving retirement |
15 | benefits whether that person is acting on a permanent or |
16 | temporary basis and whether or not compensated on a full or |
17 | part-time basis. This term shall not include independent |
18 | contractors nor their employees or agents under contract to the |
19 | Commonwealth or political subdivision nor shall it apply to any |
20 | person performing tasks over which the Commonwealth or political |
21 | subdivision has no legal right of control. However, this term |
22 | shall include all persons who are members of any retirement |
23 | system funded in whole or in part by the Commonwealth or any |
24 | political subdivision. For the purposes of this act such persons |
25 | are deemed to be engaged in public employment. |
26 | Section 2. The amendment of section 2 of the act shall apply |
27 | to crimes related to public office or public employment |
28 | committed on and after the effective date of this section. |
29 | Section 3. This act shall take effect in 60 days. |
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