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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY McILHINNEY, SEPTEMBER 25, 2012 |
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| REFERRED TO FINANCE, SEPTEMBER 25, 2012 |
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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 | clarifying the scope of the act. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 2 of the act of July 8, 1978 (P.L.752, |
11 | No.140), known as the Public Employee Pension Forfeiture Act, |
12 | amended July 15, 2004 (P.L.733, No.86), is amended to read: |
13 | Section 2. Definitions. |
14 | The following words and phrases when used in this act shall |
15 | have, unless the context clearly indicates otherwise, the |
16 | meanings given to them in this section: |
17 | "Crimes related to public office or public employment." Any |
18 | of the criminal offenses as set forth in the following |
19 | provisions of Title 18 (Crimes and Offenses) of the Pennsylvania |
20 | Consolidated Statutes or other enumerated statute when committed |
21 | by a public official or public employee through his public |
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1 | office or position or when his public employment places him in a |
2 | position to commit the crime: |
3 | Any of the criminal offenses set forth in Subchapter B of |
4 | Chapter 31 (relating to definition of offenses) when the |
5 | criminal offense is committed by a school employee [as defined |
6 | in 24 Pa.C.S. § 8102 (relating to definitions)] against a |
7 | student. |
8 | Section 3922 (relating to theft by deception) when the |
9 | criminal culpability reaches the level of a misdemeanor of the |
10 | first degree or higher. |
11 | Section 3923 (relating to theft by extortion) when the |
12 | criminal culpability reaches the level of a misdemeanor of the |
13 | first degree or higher. |
14 | Section 3926 (relating to theft of services) when the |
15 | criminal culpability reaches the level of a misdemeanor of the |
16 | first degree or higher. |
17 | Section 3927 (relating to theft by failure to make required |
18 | disposition of funds received) when the criminal culpability |
19 | reaches the level of a misdemeanor of the first degree or |
20 | higher. |
21 | Section 4101 (relating to forgery). |
22 | Section 4104 (relating to tampering with records or |
23 | identification). |
24 | Section 4113 (relating to misapplication of entrusted |
25 | property and property of government or financial institutions) |
26 | when the criminal culpability reaches the level of misdemeanor |
27 | of the second degree. |
28 | Section 4701 (relating to bribery in official and political |
29 | matters). |
30 | Section 4702 (relating to threats and other improper |
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1 | influence in official and political matters). |
2 | Section 4902 (relating to perjury). |
3 | Section 4903(a) (relating to false swearing). |
4 | Section 4904 (relating to unsworn falsification to |
5 | authorities). |
6 | Section 4906 (relating to false reports to law enforcement |
7 | authorities). |
8 | Section 4909 (relating to witness or informant taking bribe). |
9 | Section 4910 (relating to tampering with or fabricating |
10 | physical evidence). |
11 | Section 4911 (relating to tampering with public records or |
12 | information). |
13 | Section 4952 (relating to intimidation of witnesses or |
14 | victims). |
15 | Section 4953 (relating to retaliation against witness, victim |
16 | or party). |
17 | Section 5101 (relating to obstructing administration of law |
18 | or other governmental function). |
19 | Section 5301 (relating to official oppression). |
20 | Section 5302 (relating to speculating or wagering on official |
21 | action or information). |
22 | Article III of the act of March 4, 1971 (P.L.6, No.2), known |
23 | as the "Tax Reform Code of 1971." |
24 | In addition to the foregoing specific crimes, the term also |
25 | includes all criminal offenses as set forth in Federal law |
26 | substantially the same as the crimes enumerated herein. |
27 | "Political subdivision." Any county, city, borough, |
28 | incorporated town, township, school district, vocational school |
29 | district, intermediate unit, municipal authority, home rule, |
30 | optional plan or optional charter municipality, and any |
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1 | agencies, boards, commissions, committees, departments, |
2 | instrumentalities, or entities thereof designated to act in |
3 | behalf of a political subdivision either by statute or |
4 | appropriation. |
5 | "Public official" or "public employee." Any person who is |
6 | elected or appointed to any public office or employment |
7 | including justices, judges and justices of the peace and members |
8 | of the General Assembly or who is acting or who has acted in |
9 | behalf of the Commonwealth or a political subdivision or any |
10 | agency thereof including but not limited to any person who has |
11 | so acted and is otherwise entitled to or is receiving retirement |
12 | benefits whether that person is acting on a permanent or |
13 | temporary basis and whether or not compensated on a full or |
14 | part-time basis. This term shall not include independent |
15 | contractors nor their employees or agents under contract to the |
16 | Commonwealth or political subdivision nor shall it apply to any |
17 | person performing tasks over which the Commonwealth or political |
18 | subdivision has no legal right of control. However, this term |
19 | shall include all persons who are members of any retirement |
20 | system funded in whole or in part by the Commonwealth or any |
21 | political subdivision. For the purposes of this act such persons |
22 | are deemed to be engaged in public employment. |
23 | "School employee." As defined in 24 Pa.C.S. § 8102 (relating |
24 | to definitions). |
25 | "Student." A minor who is being: |
26 | (1) instructed by a school employee; |
27 | (2) supervised by a school employee; |
28 | (3) counseled by a school employee; or |
29 | (4) mentored by a school employee. |
30 | Section 2. The amendment of section 2 of the act is intended |
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1 | to clarify the scope of the act as amended by the act of July |
2 | 15, 2004 (P.L.733, No.86), entitled "An act amending the act of |
3 | July 8, 1978 (P.L.752, No.140), entitled 'An act providing for |
4 | the forfeiture of the pensions of certain public employees and |
5 | authorizing the State or political subdivision to garnish the |
6 | pension benefits of certain public officers and employees upon |
7 | conviction of certain criminal activity related to their office |
8 | or position of employment,' further defining 'crimes related to |
9 | public office or public employment' to include certain sexual |
10 | offenses committed by school employees against students." |
11 | Section 3. This act shall take effect immediately. |
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