I 111th CONGRESS 1st Session H. R. 90 IN THE HOUSE OF REPRESENTATIVES January 6, 2009 Mr. Cardoza introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide increased imprisonment for certain offenses by public officials.

1.

Short title

This Act may be cited as the Public Official Accountability Act.

2.

Criminal penalties for public officials

(a)

In general

Subchapter D of chapter 227 of title 18, United States Code, is amended by adding at the end the following:

3587.

Increased imprisonment for certain offenses by public officials.

(a)

General rule

In any Federal criminal case in which a public official is convicted of an offense against the United States— (1)consisting of conduct during the course of official duty, intended to enrich that official; and (2)involving bribery, fraud, extortion, or theft of public funds greater than $10,000; the sentencing judge may increase the sentence of imprisonment by an amount of up to 2 years. The sentencing judge may double the sentence of imprisonment that would otherwise be imposed in that case: Provided, however, That in no instance may the sentencing judge be allowed to increase the sentence by more than 2 years.(b)

Definition

In this section, the term public official means— (1)an elected official of the United States or of a State or local government; (2)a presidentially-appointed official; and (3)an official appointed to a State or local governmental office by an elected official of a State or local government.

. (b)

Clerical amendment

The table of sections at the beginning of subchapter D of chapter 227 of title 18, United States Code, is amended by adding at the end the following new item: 3587. Increased imprisonment for certain offenses by public officials. .