Bill Sponsors
DiPalma, Gallo, Gu, Murray, and de la Cruz
Committee
Senate Judiciary
Summary
Select
This bill amends the Rhode Island Public Employee Pension Revocation and Reduction Act. It adds a new rule stating that if a public official or government employee commits a felony under chapter 37 of title 11 (which covers sexual assault) using the power, privileges, or position of their public office on or after July 1, 2026, it is considered a "crime related to public office or public employment." This classification allows the state to revoke or reduce the pension benefits of that public employee.
Sponsor
Analysis
Pros for Progressives
- Holds public officials accountable for abusing their power to commit severe crimes, aligning with progressive goals of systemic reform and protecting vulnerable individuals from state actors.
- Promotes social justice by ensuring that taxpayer funds are not used to reward individuals who have committed egregious acts of violence while in a position of public trust.
- Strengthens the ethical standards of public service, helping to root out abuse in government institutions and maintaining public trust in the state's public services.
Cons for Progressives
- Stripping pension benefits removes a crucial social safety net for the offender's family or dependents, who may rely on that income and had no part in the crime.
- Tying retirement benefits to criminal convictions could be seen as excessively punitive, conflicting with progressive ideals of rehabilitation over permanent financial ruin.
- The delayed implementation date of July 1, 2026, means officials who commit these heinous acts before this date may still retain their pensions, delaying systemic justice.
Pros for Conservatives
- Protects taxpayer money by ensuring that government funds are not utilized to pay the pensions of corrupt public officials who commit serious felonies.
- Upholds traditional social values and the rule of law by strictly penalizing heinous crimes committed by those in positions of authority.
- Enhances accountability for government workers, aligning with conservative principles of limiting government overreach and ensuring bureaucrats are held to strict ethical standards.
Cons for Conservatives
- Could potentially be weaponized by politically motivated prosecutors who might attempt to broadly interpret "using their public office" to unfairly target political opponents.
- Expands the government's ability to seize or revoke earned financial assets, which may be viewed as an infringement on individual property rights and personal freedom.
- The arbitrary timeline limiting the penalty to crimes committed on or after July 1, 2026, fails to hold past bad actors accountable, undermining a strict law-and-order stance.
Constitutional Concerns
None Likely. Pension revocation for crimes related to public office is generally upheld, provided due process is followed during the revocation proceedings. Because the law applies prospectively (specifically to crimes committed on or after July 1, 2026), it cleanly avoids Ex Post Facto clause violations.
Impact Overview
Groups Affected
- Public employees
- State elected officials
- Municipal elected officials
- Appointed government officials
- Domestic partners of public employees
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
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Regulatory
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 05/15/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Section 36-10.1-2 of the General Laws in Chapter 36-10.1 entitled "Rhode Island Public Employee Pension Revocation and Reduction Act" is hereby amended to read as follows:
36-10.1-2. Definitions.
(a) “Crime related to public office or public employment” shall mean any of the following criminal offenses:
(1) The committing, aiding, or abetting of an embezzlement of public funds;
(2) The committing, aiding, or abetting of any felonious theft by a public officer or employee from his or her employer;
(3) Bribery in connection with employment of a public officer or employee;and
(4) The committing of any felony by a public officer or employee who, willfully and with the intent to defraud the public or the public agency for which the public officer or employee acts, or in which they are employed, of the right to receive the faithful performance of their duty as a public officer or employee, realizes or obtains, or attempts to realize or obtain, a monetary or nonmonetary profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment position; or
(5) The committing on or after July 1, 2026, of any felony under chapter 37 of title 11 by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of their public office or employment position.
(b) “Public official” or “public employee” shall mean any current or former state or municipal elected official as defined in § 36-14-2(10), state or municipal appointed official as defined in § 36-14-2(4), and any employee of state or local government, of boards, commissions or agencies as defined in § 36-14-2(8)(i), (ii), who is otherwise entitled to receive or who is receiving retirement benefits 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, whether that person is acting on a permanent or temporary basis and whether or not compensated on a full-time or part-time basis. For the purposes of this chapter, all these persons are deemed to be engaged in public employment.
(c) As used in this chapter, the phrase “pleads guilty or nolo contendere” shall not include any plea of nolo contendere which does not constitute a conviction by virtue of § 12-10-12 or 12- 18-3.
(d) For purposes of this chapter, “domestic partner” shall be defined as a person who, prior to the decedent’s death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:
(1) Both partners were at least eighteen (18) years of age and were mentally competent to contract;
(2) Neither partner was married to anyone else;
(3) Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;
(4) Partners resided together and had resided together for at least one year at the time of death; and
(5) Partners were financially interdependent as evidenced by at least two (2) of the following:
(i) Domestic partnership agreement or relationship contract;
(ii) Joint mortgage or joint ownership of primary residence;
(iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or
(iv) The domestic partner had been designated as a beneficiary for the decedent’s will, retirement contract or life insurance. LC006441 - Page 2 of 4
SECTION 2. This act shall take effect upon passage.
36-10.1-2. Definitions.
(a) “Crime related to public office or public employment” shall mean any of the following criminal offenses:
(1) The committing, aiding, or abetting of an embezzlement of public funds;
(2) The committing, aiding, or abetting of any felonious theft by a public officer or employee from his or her employer;
(3) Bribery in connection with employment of a public officer or employee;
(4) The committing of any felony by a public officer or employee who, willfully and with the intent to defraud the public or the public agency for which the public officer or employee acts, or in which they are employed, of the right to receive the faithful performance of their duty as a public officer or employee, realizes or obtains, or attempts to realize or obtain, a monetary or nonmonetary profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment position; or
(5) The committing on or after July 1, 2026, of any felony under chapter 37 of title 11 by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of their public office or employment position.
(b) “Public official” or “public employee” shall mean any current or former state or municipal elected official as defined in § 36-14-2(10), state or municipal appointed official as defined in § 36-14-2(4), and any employee of state or local government, of boards, commissions or agencies as defined in § 36-14-2(8)(i), (ii), who is otherwise entitled to receive or who is receiving retirement benefits 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, whether that person is acting on a permanent or temporary basis and whether or not compensated on a full-time or part-time basis. For the purposes of this chapter, all these persons are deemed to be engaged in public employment.
(c) As used in this chapter, the phrase “pleads guilty or nolo contendere” shall not include any plea of nolo contendere which does not constitute a conviction by virtue of § 12-10-12 or 12- 18-3.
(d) For purposes of this chapter, “domestic partner” shall be defined as a person who, prior to the decedent’s death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:
(1) Both partners were at least eighteen (18) years of age and were mentally competent to contract;
(2) Neither partner was married to anyone else;
(3) Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;
(4) Partners resided together and had resided together for at least one year at the time of death; and
(5) Partners were financially interdependent as evidenced by at least two (2) of the following:
(i) Domestic partnership agreement or relationship contract;
(ii) Joint mortgage or joint ownership of primary residence;
(iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or
(iv) The domestic partner had been designated as a beneficiary for the decedent’s will, retirement contract or life insurance. LC006441 - Page 2 of 4
SECTION 2. This act shall take effect upon passage.