Bill Text: PA HB1315 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further defining "crimes related to public office or public employment"; and further providing for disqualification and forfeiture of benefits.

Spectrum: Slight Partisan Bill (Republican 28-10)

Status: (Introduced - Dead) 2009-04-21 - Referred to FINANCE [HB1315 Detail]

Download: Pennsylvania-2009-HB1315-Introduced.html

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PRINTER'S NO. 1566
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1315 Session of2009
INTRODUCED BY BOBACK, DALLY, YUDICHAK, BARRAR, BOYD, CLYMER, CREIGHTON, CUTLER, GOODMAN, HARRIS, HELM, HENNESSEY, HORNAMAN, KORTZ, MAJOR, McILVAINE SMITH, MILLER, MUSTIO, REICHLEY, ROCK, SIPTROTH, TRUE, VULAKOVICH, WATSON AND BEYER, APRIL 21, 2009
REFERRED TO COMMITTEE ON FINANCE, APRIL 21, 2009
AN ACT
Amending the act of July 8, 1978 (P.L.752, No.140), entitled "An
act providing for the forfeiture of the pensions of certain
public employees and authorizing the State or political
subdivision to garnish the pension benefits of certain public
officers and employees upon conviction of certain criminal
activity related to their office or position of employment,"
further defining "crimes related to public office or public
employment"; and further providing for disqualification and
forfeiture of benefits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "crimes related to public
office or public employment" in section 2 of the act of July 8,
1978 (P.L.752, No.140), known as the Public Employee Pension
Forfeiture Act, amended July 15, 2004 (P.L.733, No.86), is
amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Crimes related to public office or public employment." Any
of the criminal offenses as set forth in the following
provisions of Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes or other enumerated statute when committed
by a public official or public employee through his public
office or position or when his public employment places him in a
position to commit the crime:
Any of the criminal offenses set forth in Subchapter B of
Chapter 31 (relating to definition of offenses) when the
criminal offense is committed by a school employee as defined in
24 Pa.C.S. § 8102 (relating to definitions) against a student.
Section 3921 (relating to theft by unlawful taking or
disposition) when the criminal culpability reaches the level of
a felony of the third degree or higher.
Section 3922 (relating to theft by deception) when the
criminal culpability reaches the level of a misdemeanor of the
first degree or higher.
Section 3923 (relating to theft by extortion) when the
criminal culpability reaches the level of a misdemeanor of the
first degree or higher.
Section 3926 (relating to theft of services) when the
criminal culpability reaches the level of a misdemeanor of the
first degree or higher.
Section 3927 (relating to theft by failure to make required
disposition of funds received) when the criminal culpability
reaches the level of a misdemeanor of the first degree or
higher.
Section 4101 (relating to forgery).
Section 4104 (relating to tampering with records or
identification).
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Section 4113 (relating to misapplication of entrusted
property and property of government or financial institutions)
when the criminal culpability reaches the level of misdemeanor
of the second degree.
Section 4701 (relating to bribery in official and political
matters).
Section 4702 (relating to threats and other improper
influence in official and political matters).
Section 4902 (relating to perjury).
Section 4903(a) (relating to false swearing).
Section 4904 (relating to unsworn falsification to
authorities).
Section 4906 (relating to false reports to law enforcement
authorities).
Section 4909 (relating to witness or informant taking bribe).
Section 4910 (relating to tampering with or fabricating
physical evidence).
Section 4911 (relating to tampering with public records or
information).
Section 4952 (relating to intimidation of witnesses or
victims).
Section 4953 (relating to retaliation against witness, victim
or party).
Section 5101 (relating to obstructing administration of law
or other governmental function).
Section 5301 (relating to official oppression).
Section 5302 (relating to speculating or wagering on official
action or information).
Article III of the act of March 4, 1971 (P.L.6, No.2), known
as the "Tax Reform Code of 1971."
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In addition to the foregoing specific crimes, the term also
includes all criminal offenses as set forth in Federal law
substantially the same as the crimes enumerated herein.
* * *
Section 2. Section 3 of the act is amended to read:
Section 3. Disqualification and forfeiture of benefits.
(a) Notwithstanding any other provision of law, no public
official or public employee nor any beneficiary designated by
such public official or public employee shall be entitled to
receive any retirement or other benefit or payment of any kind
except a return of the contribution paid into any pension fund
without interest, if such public official or public employee is
convicted or pleads guilty or no defense to any crime related to
public office or public employment.
(b) The benefits shall be forfeited upon entry of a plea of
guilty or no defense or upon initial conviction and [no] shall
be calculated from the date of initial arraignment. No payment
or partial payment shall be made during the pendency of an
appeal. If a verdict of not guilty is rendered or the indictment
or criminal information finally dismissed, then the public
official or public employee shall be reinstated as a member of
the pension fund or system and shall be entitled to all benefits
including those accruing during the period of forfeiture if any.
Such conviction or plea shall be deemed to be a breach of a
public officer's or public employee's contract with his
employer.
(c) Each time a public officer or public employee is
elected, appointed, promoted, or otherwise changes a job
classification, there is a termination and renewal of the
contract for purposes of this act.
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(d) The appropriate retirement board may retain a member's
contributions and interest thereon for the purpose of paying any
fine imposed upon the member of the fund, or for the repayment
of any funds misappropriated by such member from the
Commonwealth or any political subdivision.
(e) Notwithstanding any other provision of this act, the
State Employees' Retirement Board shall not disburse any funds
to any person who has forfeited their right to benefits until
the Auditor General and the Attorney General have determined and
certified that there has been no loss to the Commonwealth as a
result of the conduct that resulted in forfeiture of benefits.
If there is a loss to the Commonwealth, the board shall pay the
amount of the loss to the State Treasurer from the member's
contributions and the interest thereon.
Section 3. This act shall take effect in 60 days.
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