HB280 - Insurrections; prohibition from serving in position of public trust, civil penalty.

2 Co-Sponsors

Insurrections; elections; prohibition from serving in position of public trust; civil penalty. Prohibits any person from serving in any position of public trust within the Commonwealth for life if such person is convicted of certain offenses related to rioting and unlawful assembly or any substantially similar offense under the laws of the United States or any of its states or territories when such offense occurs (i) at a polling place, a voter satellite office, or any other location being used for voting or registration purposes; (ii) during the certification of an election; or (iii) at any other official proceeding related to an election. The bill provides that any person who violates such prohibition shall be subject to a civil penalty of $1,000, and such person shall also immediately resign from any such position of public trust such person holds. The bill authorizes the attorney for the Commonwealth and their assistants to enforce these provisions. Insurrections; elections; prohibition from serving in position of public trust; civil penalty. Prohibits any person from serving in any position of public trust within the Commonwealth for life if such person is convicted of certain offenses related to rioting and unlawful assembly or any substantially similar offense under the laws of the United States or any of its states or territories when such offense occurs (i) at a polling place, a voter satellite office, or any other location being used for voting or registration purposes; (ii) during the certification of an election; or (iii) at any other official proceeding related to an election. The bill provides that any person who violates such prohibition shall be subject to a civil penalty of $1,000, and such person shall also immediately resign from any such position of public trust such person holds. The bill authorizes the attorney for the Commonwealth and their assistants to enforce these provisions. The bill defines "position of public trust" as any position in which a person performs work that involves a significant degree of public trust and confidence that such person will carry out the work in accordance with applicable laws, regulation, and guidelines. Such positions may involve policy making, major program responsibility, fiduciary responsibilities, or other duties demanding a significant degree of public trust and shall include positions in administering or conducting elections, public safety or public health, law enforcement, and education. The bill also provides a procedure for any person prohibited from serving in any position of public trust within the Commonwealth to petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a disqualifying offense, for a restoration order that unconditionally authorizes his ability to serve in a position of public trust within the Commonwealth. Lastly, the bill provides that the attack on the United States Capitol on January 6, 2021, constitutes an insurrection, and the provisions of the bill shall apply to any person convicted of an offense in relation to such insurrection.