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Liability for reimbursement of costs for outside counsel - 18 Pa. Cons. Stat. § 5303Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 5303. Liability for reimbursement of costs for outside
counsel.
(a) General rule.--A public official who is convicted of a
felony or a misdemeanor under Federal law or under the laws of
this Commonwealth shall be liable for and shall reimburse any
public money expended by the Commonwealth to cover the costs
incurred by an agency for outside counsel to defend the
convicted public official in connection with a criminal
investigation and prosecution of such public official.
(b) Conviction in State court.--When a public official is
convicted of a felony or misdemeanor in State court, the court
shall, in addition to the punishment prescribed for the offense,
order the public official to reimburse any public money for
which he is liable under subsection (a).
(c) Conviction in Federal court.--When a public official is
convicted of a felony or misdemeanor in a Federal court, the
Attorney General shall institute a civil action in Commonwealth
Court to recover the public money for which the public official
is liable under subsection (a).
(d) Method of reimbursement.--The court may order the public
official to make reimbursement of public money in a lump sum, by
monthly installments or according to such other schedule as the
court may determine appropriate. The period of time during which
the public official is ordered to make such reimbursement may
exceed the maximum term of imprisonment to which the public
official could have been sentenced for the crime of which he was
convicted.
(e) Status of reimbursement.--Any reimbursement of public
money ordered by the court under this section shall be a
judgment in favor of the Commonwealth upon the public official
or property of the public official ordered to make
reimbursement. The Attorney General shall be responsible for
enforcing such judgment in courts of competent jurisdiction in
accordance with provisions of this title.
(f) Disposition of funds.--Any money reimbursed or recovered
under this section shall be deposited in the fund from which the
Commonwealth expended such public money.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Convicted." A finding or verdict of guilty, an admission of
guilt or a plea of nolo contendere.
"Public money." Any money received by the Commonwealth or
any agency of the Commonwealth through taxes imposed pursuant to
the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
Code of 1971, and through fees, fines and penalties imposed
pursuant to the laws of this Commonwealth.
"Public official." Any person who is required to file an
annual statement of financial interests with the State Ethics
Commission as a public official of the Commonwealth in
accordance with the act of October 4, 1978 (P.L.883, No.170),
referred to as the Public Official and Employee Ethics Law.
(July 11, 1996, P.L.552, No.98, eff. 60 days)
1996 Amendment. Act 98 added section 5303.
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Last modified: November 27, 2007 |