§ 1312. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: March 28, 2019
Effective: March 28, 2019
43 P.S. § 1312
§ 1312. Definitions
<Section 5 of Act 2019, March 28, P.L. 1, No. 1, imd. effective, provides that the amendment of 43 P.S. § 1312 by that Act shall apply to crimes related to public office or public employment committed on or after March 28, 2019.>
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:
“Benefits administrator.” A retirement board, pension fund administrator or employer that manages, controls or maintains a pension system for public officials or public employees.
“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 B1 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 4702 (relating to threats and other improper influence in official and political matters).
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 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 III2 of the act of March 4, 1971 (P.L. 6, No. 2), known as the “Tax Reform Code of 1971.”
Any criminal offense under the laws of this Commonwealth classified as a felony or punishable by a term of imprisonment exceeding five years.
In addition to the foregoing specific crimes, the term also includes all criminal offenses as set forth in Federal law and the laws of another state substantially the same as the crimes enumerated herein. The term also includes felony offenses under 18 U.S.C. §§ 371 (relating to conspiracy to commit offense or to defraud United States) and 1341 (relating to frauds and swindles).
“Political subdivision.” Any county, city, borough, incorporated town, township, school district, vocational school district, intermediate unit, municipal authority, home rule, optional plan or optional charter municipality, and any agencies, boards, commissions, committees, departments, instrumentalities, or entities thereof designated to act in behalf of a political subdivision either by statute or appropriation.
“Public official” or “public employee.” Any person who is elected or appointed to any public office or employment including justices, judges and magisterial district judges and members of the General Assembly or who is acting or who has acted in behalf of the Commonwealth or a political subdivision or any agency thereof including but not limited to any person who has so acted and is otherwise entitled to or is receiving retirement benefits whether that person is acting on a permanent or temporary basis and whether or not compensated on a full or part-time basis. This term shall not include independent contractors nor their employees or agents under contract to the Commonwealth or political subdivision nor shall it apply to any person performing tasks over which the Commonwealth or political subdivision has no legal right of control. However, this term shall include all persons who are members of any retirement system funded in whole or in part by the Commonwealth or any political subdivision. For the purposes of this act such persons are deemed to be engaged in public employment.
Credits
1978, July 8, P.L. 752, No. 140, § 2. Amended 2004, July 15, P.L. 733, No. 86, § 1, effective in 60 days [Sept. 13, 2004]; 2019, March 28, P.L. 1, No. 1, § 1, imd. effective.
43 P.S. § 1312, PA ST 43 P.S. § 1312
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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