By JIM BARON

PROVIDENCE — Legislation being introduced at the request of Attorney General Patrick Lynch would not only make it a felony for a public official to engage in corruption, it would also allow the state to go to court to confiscate any ill-gotten gains.

The proposed law, called the Government Integrity and Public Accountability Act of 2008, makes it a felony punishable by up to 10 years in prison and a fine of $150,000 for “any public servant to fraudulently engage in, or attempt to engage in, any conduct that deprives the public of the intangible right of his or her honest services.”
Pawtucket Rep. Peter Kilmartin, who is sponsoring the measure in the House in Lynch’s behalf, said “this mirrors what the feds have, but there is nothing in state statutes that exists relative to this situation. It is amazing to me that this hasn’t been done in the past.”
In an interview Wednesday, Lynch said, “When there is a betrayal of public trust there should be some provision in the law to respond to that accordingly and right now there isn’t.”
The section of the law that allows the state to sue for damages is similar to federal civil forfeiture laws, Lynch said. He noted that it would apply in cases such as the recent incident where Division of Motor Vehicle employees were arrested for improperly selling licenses to illegal aliens, or the matter of former House Majority Leader Gerard Martineau, who pleaded guilty to accepting nearly a million dollars from the CVS drug store chain and Blue Cross Blue Shield of Rhode Island for influencing legislation on behalf of the companies.
The bill states that any public official convicted of a misdemeanor, felony or attempted felony committed in his or her official capacity “shall be liable for anything of value received by him or her in the course of such violation.” Suits under this act would be brought in Superior Court. “The money recovered would be allocated to Rhode Island’s general fund, where it rightfully belongs,” Lynch said. “The state is the victim. It is the residents of our state who are harmed and adversely affected.
“It is the residents of Rhode Island who suffer each time another public corruption offense takes place,” the attorney general said in a written statement. “With a looming $500 million state budget deficit and a sluggish economy, state leaders need to transform government. This bill is integral to accomplishing that transformation.”
The measure defines a public official as anyone holding any elective office, a full- or part-time employee of the state or any city or town, anyone in an appointed position in state or municipal government, an officer or member of any state or municipal agency and any contractual employee of a state or municipal government.
“The citizens of Rhode Island need assurances that their government, at all levels, is working to further the public good,” Lynch’s press release noted. “This legislation provides a safeguard for government integrity, gives us the means to return stolen money to the state’s general fund, and, most importantly, a means of prosecuting those who choose to abuse the public trust. We have the will to get the job done, but not the way. This bill gives us the way.”
Lynch said the statute of limitations for any violation of the corruption law would be 10 years, rather than the three-year statute that applies to most crimes
“The theft of honest services theory has been a crucial tool for the federal government for the last 20 years,” Lynch said.  “Enacting similar legislation at the state level will provide my office with the tools necessary to prosecute public servants who use their public position for private gain and send a message that integrity in government is critical for efficient and effective government."