08 LC 21
9704S
The
House Committee on Judiciary Non-civil offers the following substitute to HB
255:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia
Annotated, relating to restrictions and prohibitions on membership in public
retirement or pension systems, so as to expand the definition of the term
"public employment related crime"; to provide for notification of a conviction
and the termination of rights, privileges, and benefits; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating
to restrictions and prohibitions on membership in public retirement or pension
systems, is amended by revising paragraph (6) of Code Section 47-1-20, relating
to definitions, as follows:
"(6)
'Public employment related crime' means any one or more of the following
crimes:
(A)
Theft as provided in any one or more of Code Sections 16-8-2 through 16-8-9 when
the theft is by an officer or employee of a government in breach of duties as
such officer or employee and conviction for such crime is punishable under
paragraph (3) of subsection (a) of Code Section 16-8-12;
(B)
Any felony provided for in Article 1 of Chapter 10 of Title 16, relating to
abuse of governmental office;
(C)
Making false statements or concealing facts in matters within the jurisdiction
of the state or a political subdivision as provided in Code Section
16-10-20;
(D)
Conspiracy to defraud the state or a political subdivision as provided in Code
Section 16-10-21;
(E)
Stealing, altering, or concealing public records as provided in Code Section
45-11-1;
and
(F)
Selling offices or dividing fees as provided in Code Section
45-11-2;
and
(G)
Any felony offense related to the officer´s or employee´s public
employment in the State of Georgia as provided under the laws of this state, any
other state, or the United States; provided, however, that the provisions of
this subparagraph shall apply to persons who first or again become members of a
public retirement system on or after July 1,
2008."
SECTION
2.
Said
article is further amended by adding a new Code section to read as
follows:
"47-1-22.2.
Upon
the final conviction of any person for a public employment related crime, the
prosecuting attorney shall so notify the defendant´s former public employer
and any public retirement system in which he or she knows the convicted public
employee to be an active, inactive, or retired member. Upon such notification,
the public employer shall also notify any such public retirement system. Such
person´s membership rights, privileges, and benefits shall be terminated
immediately upon any notification to the retirement system of the conviction as
provided in this article."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.