HP0767
LD 1074
Session - 126th Maine Legislature
 
LR 1363
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Deny Employment-related Benefits to State Employees Convicted of a Felony Involving the Misuse or Theft of Government Funds

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 3 MRSA §2,  as amended by PL 2011, c. 380, Pt. QQQQ, §1, is further amended by adding at the end a new paragraph to read:

The salary, expenses and travel of a member under this section are subject to the provisions of Title 5, section 7051, subsection 8 and section 17062, subsection 1, paragraph A-1.

Sec. 2. 5 MRSA §7051, sub-§8  is enacted to read:

8 Compensation after conviction of a crime involving theft or misuse of public funds.   Notwithstanding the provisions of subsection 7 or any applicable labor contract, if a classified or unclassified employee is convicted of a crime with penalties equal to or greater than the penalties for a Class C crime and the crime involved the misuse or theft of public funds, the court shall order the forfeiture of the employee's right to receive any earned or future compensation or benefit of any kind from the State.

Sec. 3. 5 MRSA §17062, sub-§1, ¶A,  as enacted by PL 2011, c. 606, §12, is amended to read:

A. If the penalties for the crime are greater than or equal to or greater than the penalties for a Class C crime, except for a crime under paragraph A-1, the court may order the forfeiture of the member's right to receive any benefit or payment of any kind under this Part except a return of the amount contributed by the member to the retirement system without interest, subject to paragraph B.

Sec. 4. 5 MRSA §17062, sub-§1, ¶A-1  is enacted to read:

A-1 If the penalties for the crime are equal to or greater than the penalties for a Class C crime and the crime involved the misuse or theft of public funds, the court shall order the forfeiture of the member's right to receive any benefit or payment of any kind under this Part.

Sec. 5. 17-A MRSA §1160  is enacted to read:

§ 1160 Crimes by state employees involving theft or misuse of public funds

If a person is convicted of a crime involving the theft or misuse of public funds committed while the person was an employee of the State and the penalties for the crime are equal to or greater than the penalties for a Class C crime, the court shall follow the provisions of Title 5, section 7051, subsection 8 and section 17062, subsection 1, paragraph A-1.

summary

This bill provides that if a person is convicted of a crime with penalties equal to or greater than the penalties for a Class C crime and the crime involves the misuse or theft of public funds and was committed when the person was a state employee, a court must order the forfeiture of any earned or future compensation or benefits, including benefits under the Maine Public Employees Retirement System.


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