It is enacted by the General Assembly as follows:

SECTION 1. Chapter 11-41 of the General Laws entitled 'Theft, Embezzlement, False Pretenses, and Misappropriation' is hereby amended by adding thereto the following section:

{ADD 11-41-31. Pension revocation. -- (A) Notwithstanding any law to the contrary, any person who is convicted, or pleads guilty or nolo contendere to any offense, and the offense is related to his or her public office of employment pursuant to section 36-10.1-2, the judge, as part of any sentence imposed, may revoke or reduce any retirement or any benefit or payment to which the public official or public employee is otherwise entitled under titles 36, 16, 45, and 8 under chapter 30 of title 28, under chapter 43 of title 31 or under chapter 28 of title 42.

(B) In determining whether the retirement or other benefit shall be revoked or reduced the court shall consider and make a finding on the following factors:

(1) The fact that the allowance of retirement or other benefits or payments for service under this title, under title 16, under title 45, under title 8, under chapter 30 of title 28, under chapter 43 of title 31, and under chapter 28 of title 42 presumes and requires that such service shall have been honorably rendered;

(2) The severity of the crime related to public office or public employment of which the public official or public employee has been convicted or to which the public official or public employee has pleaded guilty or nolo contendere;

(3) The amount of monetary loss suffered by the public official's or public employee's employer or by any other person as a result of the subject crime related to public office or public employment;

(4) The degree of public trust reposed in the subject public official or public employee by virtue of his or her public office or public employment; and

(5) Any such other factors as, in the judgment of the superior court, justice may require.

If the superior court determines that the retirement or other benefits or payments of a public official or public employee should be revoked or reduced under this chapter, it may, in its discretion and after taking into consideration, the status of the pension as marital property, the financial needs and resources of any innocent spouse, dependent and/or designated beneficiaries of the public official or public employee, order that some or all of the revoked or reduced benefits or payments be paid to any such innocent spouse, dependent or beneficiary as justice may require.

If the court determines that the retirement or other benefits or payments of a public official or public employee should not be revoked or reduced under this chapter, it shall order that the retirement or other benefits or payments be made to the public official or public employee.

(c) Prior to revoking or reducing the benefit, the court shall order a presentence report pursuant to section 12-19-6.

(d) Nothing in this section shall be construed to prohibit an innocent party from notifying the court by motion of an interest in such pension benefit. ADD}

SECTION 2. Section 36-10.1-3 of the General Laws in Chapter 36-10.1 entitled 'Rhode Island Public Employee Pension and Revocation and Reduction Act' is hereby amended to read as follows:

36-10.1-3. Revocation and reduction of benefits. -- (A) Notwithstanding any other provision of law, any retirement or other benefit or payment of any kind to which a public official or public employee is otherwise entitled under this title, under title 16, under title 45, under title 8, under chapter 30 of title 28, under chapter 43 of title 31, or under chapter 28 of title 42 shall be revoked or reduced, in accordance with the provisions of this chapter, {ADD or section 11-41-31 ADD} if, after ›January 1, 1993!, such public official or public employee is convicted of or pleads guilty or nolo contendere to any crime related to his or her public office or public employment. Any such conviction or plea shall be deemed to be a breach of the public officer's or public employee's contract with his or her employer.

(B) Whenever any public official or public employee is convicted of or pleads guilty or nolo contendere to any crime related to his or her public office or public employment, the retirement board{ADD , if no finding is made by the judge in the criminal action pursuant to section 11-41-31, ADD} shall

(1) Initiate a civil action in the superior court for the revocation or reduction of any retirement or other benefit or payment to which the public official or public employee is otherwise entitled under this title, under title 16, under title 45, under title 8, under chapter 30 of title 28, under chapter 43 of title 31, or under chapter 28 of title 42.

(2) The Superior Court shall order the public official or employee to appear and show cause as to why any retirement or other benefit or payment to which the public official or public employee is otherwise entitled under this title, under title 16, under title 45, under title 8, under chapter 30 of title 28, under chapter 43 of title 31, or under chapter 28 of title 42 should not be withheld pending adjudication of said civil action in the superior court.

(3) Legal standing is hereby conferred upon the retirement board to initiate and maintain such a civil action, and jurisdiction over such a civil action is hereby conferred upon the superior court.

(C) In any civil action under this chapter for the revocation or reduction of retirement or other benefits or payments, the superior court shall determine (1) whether the public employee has been convicted of or pleaded guilty or nolo contendere to any crime related to his or her public office or public employment and, if so, (2) whether the retirement or other benefits or payments to which the public official or public employee is otherwise entitled should be revoked or diminished and, if so, (3) in what amount or by what proportion such revocation or reduction should be ordered. In rendering its decision hereunder, the superior court shall consider and address each of the following factors:

(a) The fact that the allowance of retirement or other benefits or payments for service under this title, under title 16, under title 45, under title 8, under chapter 28-30, under chapter 30 of title 28, under chapter 43 of title 31, and under chapter 28 of title 42 presumes and requires that such service shall have been honorably rendered;

(b) The severity of the crime related to public office or public employment of which the public official or public employee has been convicted or to which the public official or public employee has pleaded guilty or nolo contendere;

(c) The amount of monetary loss suffered by the public official's or public employee's employer or by any other person as a result of the subject crime related to public office or public employment;

(d) The degree of public trust reposed in the subject public official or public employee by virtue of his or her public office or public employment; and

(e) Any such other factors as, in the judgment of the superior court, justice may require.

(D) If the superior court determines that the retirement or other benefits or payments of a public official or public employee should be revoked or reduced under this chapter, it may, in its discretion and after taking into consideration the financial needs and resources of any innocent spouse, dependents and/or designated beneficiaries of the public official or public employee, order that some or all of the revoked or reduced benefits or payments be paid to any such innocent spouse, dependent or beneficiary as justice may require.

(E) If the superior court determines that the retirement or other benefits of payments of a public official or public employee should not be revoked or reduced under this chapter, it shall order that the retirement or other benefits or payments be made to the public official or public employee as if the initiation of the civil action had not occurred.

SECTION 3. This act shall take effect upon passage and shall be applied only to those offenses which occur after the date of the passage of this act.