The Senate Judiciary Committee met on Tuesday, November 19, 2002, and took action as follows:

Bills Reported As Committed (unanimously)

HB 796 pn4508 (E.Z. Taylor)  The bill amends the Crimes Code to exempt under certain specific circumstances certain health care providers from being criminally liable for failing to report injuries suspected to have occurred because of domestic violence.

HB 2855 pn4318 (Steil)  Failed to receive enough votes to be reported out of committee.

Not Considered:

SB 26 pn20 (Helfrick)

HB 2237 pn3887 (Marsico)

The Senate Judiciary Committee met on Wednesday, November 13, 2002, and took action as follows:

Bills Reported As Committed (unanimously)

Senate Bill 1053pn1312 (Greenleaf)  The bill amends the Judicial Code to allow jurors to take notes in certain cases.  When permitted by the court or by agreement of the parties, members of the jury may take notes during the trial and use the notes during the deliberations at the end of the trial.  The provision applies to civil and criminal trials.

Senate Bill 1515pn2207 (Conti)  The bill revises the Crimes Code to divide the offenses of harassment and stalking into two separate sections, incorporate harassment and stalking by communication into these two sections, and making conforming amendments.

Senate Bill 1526pn2250 (Costa)  The bill amends the Judicial Code to extend civil immunity protection from liability to a greater number of people who come to the aid of crime victims.

House Bill 339pn1679 (Birmelin)  This is the Community Reparative Disposition Program Act.  The optional program diverts certain offenders charged with summary offenses and misdemeanors of the third degree to reparative boards, composed of members of the community in which the offense occurred. The board considers the nature of the offense and the effect that it has had on the community and determines reparative activity.

Out as Amended

House Bill 417pn1513 (Bard)  The bill amends the Judicial Code to impose a five year mandatory minimum prison sentence on a person who is convicted of dealing a controlled substance, when at the time of the offense, the person or the person's accomplice was in physical possession or control of a firearm or replica firearm.  A0699 (Greenleaf) was approved by a vote of 10-2, which amendment would remove the provision imposing a five-year mandatory minimum sentence as provided in the bill and instead, adds the new criminal offense of "delivering a controlled substance while in possession of a firearm".  A first offense is a felony of the second degree and a second or subsequent offense is a felony of the first degree.

Withdrawn from the Agenda

After considerable discussion about Senate Bill 26, pn20 (Helfrick), the committee agreed to withdraw the legislation from the agenda for further study.  The bill would prohibit the execution of individuals with mental retardation.

The Senate Judiciary Committee met on Tuesday, October 8, 2002, and took action on judicial nominees and legislation as follows:

Judicial Nominees (unanimously approved)

Michele G. Bononi, Esq., Court of Common Pleas, Westmoreland County

Mitchell S. Goldberg, Esq., Court of Common Pleas, Bucks County

Richard Alan Masson, Esq., Court of Common Pleas,Cameron and Elk Counties

Domenic C. Reda, Traffic Court of Philadelphia

Bills Reported As Amended (unanimously)

SB1212,pn1540 (Orie)  The bill amends the Vehicle Code to increase the penalties for a person who has multiple convictions for driving under the influence (DUI). A4802 (Orie) was unanimously approved that would require the revocation of a habitual offender's driver's license for a period of ten years.  The amendment would also keep a third offense at a misdemeanor of the first degree and makes a fourth or subsequent offense a felony of the third degree.  The amendment also maintains the minimum sentences in current law but does not prohibit the judge from sentencing the offender up to the maximum allowed for that grade of offense.

A4817 (Orie) was unanimously approved.  The amendment would revise the ignition interlock system which is a system that prevents a vehicle from being started or operated unless the operator first provides a breath sample indicating that the operator has an alcohol level of less than .025%. 

HB976pn1744 (Hess) A4820 (Greenleaf) was unanimously approved.  Under the amendment the retail theft language of the bill was deleted.  Further, the amendment adds several technical  changes relating to wiretapping.  Currently, in order to wiretap the Attorney General or the district attorney of the county where the interception is to be made may make written application to a Superior Court judge. This amendment states that the district attorney must be of the county where the suspected criminal activity has been or is about to occur. The changes do not expand law enforcement's power to wiretap but only reflect the new technology that will result in wiretaps being conducted from a facility possibly located outside of the county in which the suspected activity is occurring.

The Senate Judiciary Committee met on Tuesday, October 1, 2002,   and took the following committee action:

Out as Committed (unanimously)

Senate Bill 709 (PN796) (Dent)  The bill amends the Vehicle Code relating to driving under the influence to reduce the legal blood alcohol concentration limit from 0.l0% to 0.08%.

Out as Amended (unanimously)

Senate Bill 1517 (PN 2208) (Costa)  The bill amends the Crimes Code relating to theft to increase the grading of certain theft offenses.  If the amount involved in the theft is $500,000 or more, the theft is a felony of the first degree.  If the amount involved in the theft is $l00,000 or more but less than $500,000, the theft is a felony of the second degree.  A4558 (Costa) was unanimously adopted.  It removes the mandatory five year sentencing enhancement for the bill in favor of language that allows the sentencing judge to extend the maximum sentence by up to five years. 

Senate Bill 1518 (PN 2209) (Costa)  The bill amends the Crimes Code relating to deceptive or fraudulent business practices, to increase the grading of the offense.  If the amount involved is $500,000 or more, the offense is a felony of the first degree. If the amount involved is $100,000 or more but less than $500,000, the offense is a felony of the second degree.  A4603 (Costa) was unanimously adopted. The amendment removed the mandatory five-year sentencing enhancement for the offense of deceptive or fraudulent business practices involving a political subdivision, local authority or public or private charity or when the theft constitutes a breach of a fiduciary duty.

Senate Bill 1421 (PN 1970) (Jubelirer)  The bill is the Religious Freedom Protection Act.  The purpose of the bill is to protect the right to the free exercise and enjoyment of religion.  State and local governments may not substantially burden a person's exercise of religion without compelling jurisdiction. A4349 (Greenleaf) was a unanimously approved technical amendment.   A4462 (Kukovich) An amendment that was defeated (4-9). Senator Kukovich's amendment would have created an exception to the religious freedom protection act if the activity by the religious organization was in violation of a federal state or local anti-discrimination provision.

Out as Amended

House Bill 1285 (PN3012) (Kenney)  The bill is the False Claims Act.  The legation authorizes the Attorney General, a district attorney or a private plaintiff, referred to as a qui tam plaintiff, to bring a civil action against a person that knowingly files a false claim with the Commonwealth or a political subdivision.  A4479 (Greenleaf) and A4582 (Greenleaf) were two technical and clarifying amendments that were unanimously adopted. A4626 (Greenleaf)  was offered on behalf of health care officials to bring the bill into compliance with federal requirements.  It was unanimously approved

Withdrawn from the Agenda

Senate Bill 1212 (PN) 1540 (Orie)

The Senate Judiciary Committee met on September 24, 2002,  and took the following committee action: 

Out as Committed (unanimously)

SB1431PN2013 (Corman)  The legislation increases the penalties for offenses committed under the Controlled Substance, Drug, Device and Cosmetic Act, involving the substance commonly known as Ecstasy.

SB1466PN2084 (Gerlach)  The legislation establishes a twenty-five member advisory committee under the Pennsylvania Commission on Crime and Delinquency to be known as the Target Community Revitalization and Crime Prevention Advisory Committee.

HB2060PN2723 (Lewis)  The bill amends the bond and notice requirement provisions of Title 20 used to determine the process by which an absent person is declared dead and his or her estate may be distributed.

Out as Committed

SR268PN  (Orie)  The resolution directs the Joint State Government Commission to study the  jury selection process and its effects on the participation of racial and ethnic minorities.

.Out as Amended (unanimously)

SB1469PN2087 (Greenleaf)  This legislation provides for the institution of a petition for redetermination of the fair market value of property sold in connection with execution proceedings in a deficiency judgement action where the real property collateral lies in multiple counties.  Such actions must be commenced within six months of the entry of the deficiency judgement.  Under the legislation, the judgement creditor may file the valuation petition in one county if the property is located in more than one county. A4384 (Greenleaf) was a technical amendment that passed unanimously.

HB1392PN3984 (Mann) The legislation amends the Judicial Code to make it unlawful for a third party to profit  from the commission of a crime, except in certain enumerated situations.  The legislation amends Pennsylvania's Son of Sam law that provides the victims of crime the authority to pursue a legal action against a person who profits from a crime.  The bill amends the statute authorizing crime victims to recover such damages from a third party who has profited from the commission of a crime as well as the person convicted of the crime if that person has profited.

A4371 (Greenleaf) would make Pennsylvania law comply with the Federal Campus Sex Crimes Prevention Act.  A4426 (Greenleaf) would make Pennsylvania law comply with the Federal Adoption and Safe Families Act.  Both amendments passed unanimously.

Out as Amended

SB1260PN1651 (Greenleaf)  The legislation is the product of the Advisory Committee on Domestic Relations Law of the Joint State Government Commission.  The Advisory Committee was created by the adoption of Senate Resolution 43 of 1993 directing the commission to undertake a study of the domestic relations law excluding adoption and child abuse.  The bill summarizes the recommendations of the report of the Committee. A4419 (Greenleaf) was a technical amendment.

HB228PN215 (Roebuck)  The legislation adds a playground or community recreational center to the areas protected by the trafficking drugs to minors sentencing statute.  Additionally, the bill clarifies that the offense may be committed by a person who is 18 years of age rather than more than 18 years of age. A4378 (Greenleaf) that defines a recreation center passed unanimously.

The Senate Judiciary Committee met on Monday, June 24, 2002, and took the following committee action.

SR 244, PN 2096 (Greenleaf) A resolution directing the Joint State Government Commission to appoint a task force to study Pennsylvania's Law on Real Property for the purposes of studying legislative proposals and codifying such law.

HB 2322, PN 3677 (Feese) The legislation establishes the Access to Justice Account, a non-lapsing restricted receipt account in the State Treasury that will be used to provide civil legal assistance to the poor or disadvantaged in Pennsylvania. A3805 (Greenleaf) would authorize the prothonotaries to collect an additional fee of $10 for the initiation of any legal proceeding.

The Senate Judiciary Committee met on Tuesday, June 4, 2002, and took the following committee action.

HB582, PN 3061 (Diven) The bill amends the Crimes Code relating to criminal mischief to specifically include and define graffiti and also relating to institutional vandalism to expand the list of facilities covered by including state or local government buildings or vehicles.

HB2445, PN 3888 (Brooks) The bill amends the Crimes Code to make it a felony of the third degree to kill, maim or disfigure an assistance dog.

SB1210, PN 1527 (Musto) The bill amends the Vehicle Code to increase the penalties for certain offenses when they occur in a construction zone. A2168 (Greenleaf) removes the mandatory minimum sentence language and provides for license suspension. The amendment was unanimously approved.

SB1452, PN 2027 (Greenleaf) The bill amends the Judicial Code to add two judges to the court of common pleas in the seventh judicial district in Bucks County. An oral amendment was offered by Senator Greenleaf, on behalf of Senator Robbins, to add one judge for Mercer County. Senator Boscola offered an oral amendment to add one judge for Northampton County. Both amendments were unanimously approved.

Bucks County would increase the judicial complement from 11 to 13; Mercer County complement would increase from 3 to 4; and Northampton County complement would increase from 7 to 8 judges.

HB1460, PN 2734 (Casorio) There was no committee action on this bill pending further study by the Chairman.