BILL NUMBER: SB 115	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2011

INTRODUCED BY   Senator Strickland
    (   Coauthor:   Assembly Member  
Nestande   ) 

                        JANUARY 19, 2011

   An act  to amend Section 1243 of, and  to add Section
1244 to  ,  the Government Code, relating to public
employees.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 115, as amended, Strickland. Public employees: pensions:
forfeiture.
   Existing law provides that any elected public officer who takes
public office, or is reelected to public office, on or after January
1, 2006, who is convicted of any specified felony arising directly
out of his or her official duties, forfeits all rights and benefits
under, and membership in, any public retirement system in which he or
she is a member, effective on the date of final conviction, as
specified. 
   This bill would additionally include tampering with a witness,
money laundering, and the preparation of false documents among the
specified felonies that would result in that forfeiture for any
elected public officer who takes public office, or is reelected to
public office, on or after January 1, 2012. This bill would also make
clarifying changes to that provision. 
   This bill would additionally require a public officer  , as
defined,  or  public  employee who is convicted of any
felony  for conduct   involving accepting or
giving, or offering to give, any bribe,   the embezzlement
of public money, extortion or theft of public money, perjury,
tampering with a witness, money laundering, the preparation of false
documents,   or conspiracy to commit any of those crimes
 arising directly out of his or her official duties on or after
January 1, 2012, to forfeit all rights and benefits under  ,
and membership in,  any public retirement system in which he
or she is a member, effective on the date of  final
 conviction. That public officer or employee would forfeit
only that portion of his or her rights and benefits that accrued on
or after January 1, 2012. The bill would require any contributions
made by that public officer or public employee to the public
retirement system that arose directly from or accrued solely as a
result of his or her forfeited service would be returned to the
public officer or public employee without interest.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1243 of the  
Government Code   is amended to read: 
   1243.  (a) This section shall apply to any elected public officer
who takes public office, or is reelected to public office, on or
after January 1, 2006.
   (b) If an elected public officer is convicted during or after
holding office of any felony involving accepting or giving, or
offering to give, any bribe, the embezzlement of public money,
extortion or theft of public money, perjury,  tampering with a
witness, money laundering, the preparation of false documents, 
or conspiracy to commit any of those crimes arising directly out of
his or her official duties as an elected public officer, he or she
shall forfeit all rights and benefits under  , and membership
in,  any public retirement system in which he or she is a
member, effective on the date of  final  conviction.

   (c) The elected public officer described in subdivision (b) shall
forfeit only that portion of his or her rights and benefits that
accrued on or after January 1, 2006, on account of his or her service
in the elected public office held when the felony occurred.
   (d) Any contributions made by the elected public officer described
in subdivision (b) to the public retirement system that arose
directly from or accrued solely as a result of his or her forfeited
service as an elected public officer shall be returned, without
interest, to the public officer.
   (e) The public agency that employs an elected public officer
described in subdivision (b) shall notify the public retirement
system in which the officer is a member of the officer's conviction.
   (f) An elected public officer shall not forfeit his or her rights
and benefits pursuant to subdivision (b) if the governing body of the
elected public officer's employer, including, but not limited to,
the governing body of a city, county, or city and county, authorizes
the public officer to receive those rights and benefits.
   (g) For purposes of this section, "public officer" means an
officer of the state, or an officer of a county, city, city and
county, district, or authority, or any department, division, bureau,
board, commission, agency, or instrumentality of any of these
entities.
   (h) This section applies to any person appointed to service for
the period of an elected public officer's unexpired term of office.

   (i) The amendments made by the act adding this subdivision shall
only apply to an elected public officer who takes public office, or
is reelected to public office, on or after January 1, 2012, with
respect to the rights and benefits accrued on or after January 1,
2012, on account of his or her service in the elected public office
held when the felony occurred. 
   SECTION 1.   SEC. 2.   Section 1244 is
added to the Government Code, to read:
   1244.  (a) If a public officer or public employee is convicted
 of any felony for conduct arising directly out of his or her
official duties on or after January 1, 2012, he or she shall forfeit
all rights and benefits under, and membership in, any public
retirement system in which he or she is a member, effective on the
date of final conviction.   of any felony involving
accepting or giving, or offering to give, any bribe, the embezzlement
of public money, extortion or theft of public money, perjury,
tampering with a witness, money laundering, the preparation of false
documents, or conspiracy to commit any of those   crimes
arising directly out of his or her official duties, he or she shall
forfeit all rights and benefits under any pu   blic
retirement system in which he or she is a member, effective on the
date of conviction. 
   (b) The public officer or  public  employee described in
subdivision (a) shall forfeit only that portion of his or her rights
and benefits that accrued on or after January 1, 2012.
   (c) Any contributions made by the  elected 
public officer or public employee described in subdivision (a) to the
public retirement system that arose directly from or accrued solely
as a result of his or her forfeited service as  an elected
  a  public officer or public employee shall be
returned, without interest, to the public officer or public employee.

   (d) The public agency that employs a public officer or public
employee described in subdivision (b) shall notify the public
retirement system in which the person is a member of the person's
conviction.
   (e) For purposes of this section, the following definitions shall
apply:
   (1) "Public officer" means an officer of the state, or an officer
of a county, city, city and county, district, or authority, or any
department, division, bureau, board, commission, agency, or
instrumentality of any of these entities.  "Public officer" does
not include any elected public officer. 
   (2) "Public employee" means any person employed by any public
agency.