Pennsylvania Act 2004-86 — PUBLIC EMPLOYEE PENSION FORFEITURE ACT - DEFINITION OF "CRIMES RELATED TO PUBLIC OFFICE OR PUBLIC EMPLOYMENT"

Act text

PUBLIC EMPLOYEE PENSION FORFEITURE ACT - DEFINITION OF "CRIMES RELATED TO
                   PUBLIC OFFICE OR PUBLIC EMPLOYMENT"
                  Act of Jul. 15, 2004, P.L. 733, No. 86              Cl. 43
                             Session of 2004
                               No. 2004-86

     SB 971

                                  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" to include certain sexual offenses committed by
        school employees against students.

        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, 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 [following] 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:
            [(1)  § 3922 (relating to theft by deception);
            (2)  § 3923 (relating to theft by extortion);
            (3)  § 3926 (relating to theft of services);
            (4)  § 3927 (relating to theft by failure to make
        required disposition of funds received); The provisions of
        paragraphs (1) through (4) shall only apply when the criminal
        culpability reaches the level of a misdemeanor of the first
        degree or higher;
            (5)  § 4101 (relating to forgery);
            (6)  § 4104 (relating to tampering with records or
        identification);
            (7)  § 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;
            (8)  § 4701 (relating to bribery in official and
        political matters);
            (9)  § 4702 (relating to threats and other improper
        influence in official and political matters);
            (10)  § 4902 (relating to perjury);
            (11)  § 4903(a) (relating to false swearing);
            (12)  § 4904 (relating to unsworn falsification to
        authorities);
            (13)  § 4906 (relating to false reports to law
        enforcement authorities);
            (14)  § 4907 (relating to tampering with witnesses and
        informants);
            (15)  § 4908 (relating to retaliation against witness or
        informant);
            (16)  § 4909 (relating to witness or informant taking
        bribe);
            (17)  § 4910 (relating to tampering with or fabricating
        physical evidence);
            (18)  § 4911 (relating to tampering with public records
        or information);
            (19)  § 5101 (relating to obstructing administration of
        law or other governmental function);
            (20)  § 5301 (relating to official oppression);
            (21)  § 5302 (relating to speculating or wagering on
        official action or information); and
            (22)  Article III, act of March 4, 1971 (P.L.6, No.2),
        known as the "Tax Reform Code of 1971."]
            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 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).
            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."
     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.  This act shall take effect in 60 days.

     APPROVED--The 15th day of July, A. D. 2004.

     EDWARD G. RENDELL