| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1929, 2069 | PRINTER'S NO. 4225 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BOBACK, TOOHIL, GABLER, LAWRENCE, SCAVELLO, WAGNER, WATSON, CUTLER, PEIFER, MAJOR, GOODMAN, MILNE, HARRIS, SWANGER, TRUITT, TALLMAN, CARROLL, MARSHALL, CREIGHTON, FARRY, ROCK AND RAPP, MAY 23, 2011 |
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| SENATOR MCILHINNEY, STATE GOVERNMENT, IN SENATE, AS AMENDED, OCTOBER 15, 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; and further providing for | <-- |
8 | definitions, for disqualification and forfeiture of benefits | <-- |
9 | and for restitution. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. The definition of "crimes related to public |
13 | office or public employment" in section 2 of the act of July 8, |
14 | 1978 (P.L.752, No.140), known as the Public Employee Pension |
15 | Forfeiture Act, amended July 15, 2004 (P.L.733, No.86), is |
16 | amended and the section is amended by adding definitions to | <-- |
17 | read: |
18 | Section 2. Definitions. |
19 | The following words and phrases when used in this act shall |
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1 | have, unless the context clearly indicates otherwise, the |
2 | meanings given to them in this section: |
3 | "Crimes related to public office or public employment." Any |
4 | of the criminal offenses as set forth in the following |
5 | provisions of Title 18 (Crimes and Offenses) of the Pennsylvania |
6 | Consolidated Statutes or other enumerated statute when committed |
7 | by a public official or public employee through his public |
8 | office or position or when his public employment places him in a |
9 | position to commit the crime: |
10 | Any of the criminal offenses set forth in Subchapter B of |
11 | Chapter 31 (relating to definition of offenses) when the |
12 | criminal offense is committed by a school employee [as defined | <-- |
13 | in 24 Pa.C.S. § 8102 (relating to definitions)] against a | <-- |
14 | student. |
15 | Section 2713 (relating to neglect of care-dependent person). | <-- |
16 | Section 3124.2 (relating to institutional sexual assault). |
17 | Section 3922 (relating to theft by deception) when the |
18 | criminal culpability reaches the level of a misdemeanor of the |
19 | first degree or higher. |
20 | Section 3923 (relating to theft by extortion) when the |
21 | criminal culpability reaches the level of a misdemeanor of the |
22 | first degree or higher. |
23 | Section 3926 (relating to theft of services) when the |
24 | criminal culpability reaches the level of a misdemeanor of the |
25 | first degree or higher. |
26 | Section 3927 (relating to theft by failure to make required |
27 | disposition of funds received) when the criminal culpability |
28 | reaches the level of a misdemeanor of the first degree or |
29 | higher. |
30 | Section 4101 (relating to forgery). |
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1 | Section 4104 (relating to tampering with records or |
2 | identification). |
3 | Section 4113 (relating to misapplication of entrusted |
4 | property and property of government or financial institutions) |
5 | when the criminal culpability reaches the level of misdemeanor |
6 | of the second degree. |
7 | Section 4304 (relating to endangering welfare of children). |
8 | Section 4701 (relating to bribery in official and political |
9 | matters). |
10 | Section 4702 (relating to threats and other improper |
11 | influence in official and political matters). |
12 | Section 4902 (relating to perjury). |
13 | Section 4903(a) (relating to false swearing). |
14 | Section 4904 (relating to unsworn falsification to |
15 | authorities). |
16 | Section 4906 (relating to false reports to law enforcement |
17 | authorities). |
18 | Section 4909 (relating to witness or informant taking bribe). |
19 | Section 4910 (relating to tampering with or fabricating |
20 | physical evidence). |
21 | Section 4911 (relating to tampering with public records or |
22 | information). |
23 | Section 4952 (relating to intimidation of witnesses or |
24 | victims). |
25 | Section 4953 (relating to retaliation against witness, victim |
26 | or party). |
27 | Section 5101 (relating to obstructing administration of law |
28 | or other governmental function). |
29 | Section 5123 (relating to contraband). | <-- |
30 | Section 5301 (relating to official oppression). |
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1 | Section 5302 (relating to speculating or wagering on official |
2 | action or information). |
3 | Section 6301 (relating to corruption of minors). |
4 | Article III of the act of March 4, 1971 (P.L.6, No.2), known |
5 | as the "Tax Reform Code of 1971." |
6 | In addition to the foregoing specific crimes, the term also |
7 | includes all criminal offenses as set forth in Federal law |
8 | substantially the same as the crimes enumerated herein. |
9 | * * * |
10 | Section 1.1. Section 3 of the act is amended to read: | <-- |
11 | Section 3. Disqualification and forfeiture of benefits. |
12 | (a) Notwithstanding any other provision of law, no public |
13 | official or public employee nor any beneficiary designated by |
14 | such public official or public employee shall be entitled to |
15 | receive any retirement or other benefit or payment of any kind |
16 | except a return of the contribution paid into any pension fund |
17 | without interest, if such public official or public employee is |
18 | convicted or pleads guilty or no [defense] contest to any crime |
19 | related to public office or public employment. |
20 | (b) [The benefits shall be forfeited upon entry of a plea of |
21 | guilty or no defense or upon initial conviction and no payment |
22 | or partial payment shall be made during the pendency of an |
23 | appeal. If] The benefits shall be immediately forfeited upon the |
24 | public official's or public employee's entry of a plea of guilty |
25 | or no contest or upon initial entry of a jury verdict or |
26 | judicial order of guilty, with respect to any crimes related to |
27 | public office or public employment. The forfeiture shall not be |
28 | stayed or affected by the withdrawal of, or the court's refusal |
29 | to accept, the plea or by the pendency of an appeal or |
30 | collateral attack on the plea, verdict or order, regardless of |
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1 | whether a court has entered or stayed the sentence pending the |
2 | appeal or collateral attack. If a plea, verdict or order is |
3 | vacated and a verdict of not guilty is rendered or the |
4 | indictment or criminal information finally dismissed, then the |
5 | public official or public employee shall be reinstated as a |
6 | member of the pension fund or system and shall be entitled to |
7 | all benefits including those accruing during the period of |
8 | forfeiture if any. Such [conviction or] plea, verdict or order |
9 | shall be deemed to be a breach of a public officer's or public |
10 | employee's contract with his employer. |
11 | (c) Each time a public officer or public employee is |
12 | elected, appointed, promoted, or otherwise changes a job |
13 | classification, there is a termination and renewal of the |
14 | contract for purposes of this act. |
15 | (d) The appropriate retirement board may retain a member's |
16 | contributions and interest thereon for the purpose of paying any |
17 | fine imposed upon the member of the fund, or for the repayment |
18 | of any funds misappropriated by such member from the |
19 | Commonwealth or any political subdivision. |
20 | (e) Notwithstanding any other provision of this act, the |
21 | State Employees' Retirement Board shall not disburse any funds |
22 | to any person who has forfeited their right to benefits until |
23 | the Auditor General and the Attorney General have determined and |
24 | certified that there has been no loss to the Commonwealth as a |
25 | result of the conduct that resulted in forfeiture of benefits. |
26 | If there is a loss to the Commonwealth, the board shall pay the |
27 | amount of the loss to the State Treasurer from the member's |
28 | contributions and the interest thereon. |
29 | Section 2. Section 4 of the act, repealed in part October 5, |
30 | 1980 (P.L.693, No.142), is amended to read: |
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1 | Section 4. Restitution for monetary loss. |
2 | (a) [Whenever] For any public official or employee who is a |
3 | member of any pension system funded by public moneys [is |
4 | convicted or pleads guilty or pleads no defense], whenever the |
5 | public official or employee enters a plea of guilty or no |
6 | contest, in any court of record, to any crime related to a |
7 | public office or public employment or whenever there is initial |
8 | entry of a jury verdict or judicial order of guilty against the |
9 | public official or employee, in any court of record, to any |
10 | crime related to a public office or public employment, the court |
11 | shall order the defendant to make complete and full restitution |
12 | to the Commonwealth or political subdivision of any monetary |
13 | loss incurred as a result of the criminal offense. |
14 | (b) If the court fails to order such restitution the |
15 | Commonwealth, through the Attorney General, or a political |
16 | subdivision shall petition the court pronouncing sentence for an |
17 | order establishing the amount of restitution due it. If the |
18 | court does not have authority to order restitution, the |
19 | Commonwealth or the political subdivision shall bring an |
20 | original action for restitution. |
21 | (c) Notwithstanding any law or provision of law exempting |
22 | the pension account or benefits of any public official or public |
23 | employee from garnishment or attachment, whenever the court |
24 | shall order restitution or establish the amount of restitution |
25 | due after petition, all sums then credited to the defendant's |
26 | account or payable to the defendant including the contributions |
27 | shall be available to satisfy such restitution order. |
28 | (d) The retirement board, administrator of the pension fund |
29 | or employer of the defendant, upon being served with a copy of |
30 | the court's order, shall pay over all such pension benefits, |
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1 | contributions or other benefits to the extent necessary to |
2 | satisfy the order of restitution. |
3 | Section 3. The amendment of sections 3 and 4 and of the act |
4 | shall apply to crimes related to public office or public |
5 | employment committed on and after the effective date of this |
6 | section. |
7 | Section 4. This act shall take effect in 60 days. |
8 | "School employee." As defined in 24 Pa.C.S. § 8102 (relating | <-- |
9 | to definitions). |
10 | "Student." A minor who is being: |
11 | (1) instructed by a school employee; |
12 | (2) supervised by a school employee; |
13 | (3) counseled by a school employee; or |
14 | (4) mentored by a school employee. |
15 | Section 2. The General Assembly finds and declares as |
16 | follows: |
17 | (1) This section applies to the following provisions: |
18 | (i) The editorial change in the second paragraph of |
19 | the definition of "crimes related to public office or |
20 | public employment" in section 2 of the act. |
21 | (ii) The addition of the definitions of "school |
22 | employee" and "student" in section 2 of the act. |
23 | (2) The provisions referred to in paragraph (1) are |
24 | intended to clarify the scope of the act as amended by the |
25 | act of July 15, 2004 (P.L.733, No.86), entitled "An act |
26 | amending the act of July 8, 1978 (P.L.752, No.140), entitled |
27 | 'An act providing for the forfeiture of the pensions of |
28 | certain public employees and authorizing the State or |
29 | political subdivision to garnish the pension benefits of |
30 | certain public officers and employees upon conviction of |
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1 | certain criminal activity related to their office or position |
2 | of employment,' further defining 'crimes related to public |
3 | office or public employment' to include certain sexual |
4 | offenses committed by school employees against students." |
5 | Section 3. This act shall take effect as follows: |
6 | (1) The following provisions shall take effect |
7 | immediately: |
8 | (i) The editorial change in the second paragraph of |
9 | the definition of "crimes related to public office or |
10 | public employment" in section 2 of the act. |
11 | (ii) The addition of the definitions of "school |
12 | employee" and "student" to section 2 of the act. |
13 | (iii) Section 2 of this act. |
14 | (iv) This section. |
15 | (2) The remainder of this act shall take effect in 60 |
16 | days. |
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