|
Senate
Judiciary Committee 11/16/04
The
Senate Judiciary Committee met on Tuesday, November 16,
2004, and took action as follows:
Reported Out as Committed
House
Bill 2412 pn 3981 (Wheatley)
This
bill would amend the Judicial Code to reduce the
standard period for bringing an adverse possession
action on certain residential real property. Vote:
11-2
House
Bill 2821 pn 4349 (Cornell) House Bill 2821 amends the Crimes Code by adding a new section
regarding violations for destruction of survey
monuments. Unanimous Vote.
Reported Out as Amended
House
Bill 447 pn 525 (Nailor)
The
bill amends the Judicial Code to limit liability for
damages from donated vehicles or equipment to volunteer
fire companies. Unanimous Vote. A4755 (Greenleaf)
removes reference to criminal liability and also
requires that all known defects be disclosed by the
donor to the volunteer fire company (unanimous).
|
Judicial Nominees for the Court of Common
Pleas |
| |
|
|
Allegheny County
Charles P. McCullough Esq.
Alan D. Hertzberg, Esq.
Edward J. Borkowski, Esq. |
Philadelphia County
Glenn B. Bronson, Esq.
Charles J. Cunningham, Esq.
Susan I. Schulman, Esq. |
Lawrence County
Matthew T. Mangino, Esq.
Lancaster County
Jeffery D. Wright, Esq |
|
Chester County
Ronald C. Nagle, Esq. |
|
|
Senate
Judiciary Committee 11/9/04
The Senate Judiciary Committee met on Tuesday, November 9, 2004, and
took action as follows:
Reported Out as
Committed
SB 667, pn 757 (Costa)
The
legislation amends the Crimes Code to clarify the definition of
burglary. Unanimous Vote.
HB 2385, pn 4103
(Dailey) The bill amends the Crimes Code providing for
exceptions to the prohibition of interception and disclosure of certain
communications and for invasion of privacy. Unanimous Vote.
HB 2398, pn 3735 (Gabig)
The bill amends the Crimes Code further providing for missing
children and other missing persons. Unanimous Vote.
HB 2430, pn 3558 (Benninghoff) The bill amends the Vital Statistics Law by adding a section to require
DNA samples prior to the issuance of a death certificate for
unidentified body or fetal remains. Unanimous Vote.
SB 997, pn 1906 (Jubelirer) The bill amends the Judicial Code providing for expenses for district
justices. Vote: 13-1
Reported Out as Amended
SB 722, pn 956 (Tartaglione)
The bill is
the Health Care Worker and Patient Protection Act prohibiting mandatory
overtime and excessive duty in the health care field. Unanimous Vote.
A4137 Excludes physicians from the bill and also adds language
protecting collective bargaining agreements (unanimous).
HB 2071, pn 2772
(O’Brien)
The bill amends the Judicial Code to permit the tolling of the statute
of limitations when DNA evidence exists and is subsequently used to
identify the perpetrator of the offense. Vote: 13-1. A3896
Clarifying language (unanimous).
HB 2262, pn 3869 (Egolf)
The bill shall be known as the Child Internet Protection Act, and it
provides that public schools and libraries adopt Internet use and
screening procedures to protect children from the dissemination of
obscene materials or child pornography. Unanimous Vote. A3900
Technical (unanimous).
HB 2308, pn 3941
(O’Neill) The bill amends the Domestic Relations Code requiring certain
considerations when assessing applicants for approval as foster parents.
Unanimous Vote. A4285 Requires that anyone residing in the
foster or adoptive home to have criminal history record checks and child
abuse clearance checks (unanimous).
HB 2572, pn 4060
(Baker) The
bill amends the Judicial Code for summary offenses proceedings under the
Vehicle Code. Unanimous Vote. A3885 Removes the language that
would exempt persons 75 years or older from jury duty if that person
opts not to serve (Vote: 13-1).
Note: HB 2438, pn
3737, was removed from the agenda.
Senate
Judiciary Committee10/5/04
The Senate Judiciary Committee met on Tuesday, October 5, 2004, and
took action as follows:
Reported Out as
Committed (unanimously)
SB 1230 pn 1833
(Tomlinson)
The legislation
amends section 911 of the Crimes Code by adding a violation of
Pennsylvania Race Horse Development and Gaming Act to the Racketeering
and Corrupt Organization.
HB 1262 pn 4078 (True)
The legislation amends Title 23 (Domestic Relations) by adding a new
Chapter 65, Domestic and Sexual Violence Victim Address Confidentiality,
and creating an Address Confidentiality Program in the Office of Victim
Advocate.
HB 2185 pn 4142 (Eachus)
The bill amends the Crimes Code to provide penalties for selling or
furnishing alcohol to minors resulting in injury or death.
HB 2441 pn 3452 (Cappelli)
The bill
amends Title 54 (Names) by adding a section relating to a surviving
spouse resuming use of prior surname.
Reported Out as Amended
(unanimously)
SB 848 pn 1035 (Dent)
The
bill amends the Judicial Code to
reduce the period of
time from twenty-one years to ten years for adverse possession cases
involving a single-family dwelling brought against individuals who used
that single-family dwelling as a domicile for at least ten years.
A3625 (Greenleaf) limited the reduction in the time period to
certain instances (unanimous).
SB 1198 pn 1804
(Rafferty)
The bill provides immunity for physicians who report the
illicit use of prescribed controlled substances. A3708 (Greenleaf)
technical amendment (unanimous).
HB 2719 pn 4228 (Diven)
The bill amends the Domestic Relations Code relating to the waiting
period for a marriage license for members of the military and further
adds language relating to common law marriages.
A3597 (Greenleaf)
added the common law marriage language (unanimous).
Senate
Judiciary Committee 9/21/04
The Senate Judiciary Committee met on Tuesday, September 21, 2004, and
took action as follows:
Reported Out as
Committed
House Bill 237, pn 266
(Stetler)
The bill amends the Mechanics’ Lien Law authorizing prothonotaries to
electronically index written contracts between owners and contractors.
(unanimous vote)
House Bill 2396, pn
3373 (Gabig)
The legislation amends
the Crime Victims Act to include references to crimes related to driving
under the influence of alcohol or a controlled substance that were
incorporated into the Motor Vehicle Code, as part of Act 24 of 2003. In
making these changes, the bill clarifies that individuals who plead
guilty or are convicted of these crimes must pay costs, a portion of
which are paid into the Crime Victims Compensation Fund and the Victim
Witness Services Fund.
(unanimous vote)
House Bill 2655, pn
3954 (Picket)
The bill amends the
Crimes Code relating to the grading of theft offenses by increasing the
penalties for theft when the item stolen is anhydrous ammonia. This
legislation makes the penalty for theft of anhydrous ammonia a felony of
the 2nd degree punishable by a fine of up to $25,000 and up
to 10 years imprisonment. (unanimous vote)
House Bill 2739, pn
4127 (J. Evans)
The bill amends the
Crimes Code by adding a section authorizing restitution for the cleanup
of clandestine laboratories. (unanimous vote)
Reported Out as Amended
House Bill 1930 , pn 2521 (Gingrich)
The legislation
amends the Crimes Code by adding a section regarding
probable cause arrests in misdemeanor sexual offenses. If the police
officer has probable cause and first speaks to the victim or
eyewitnesses to the offense, the officer may arrest the suspect for the
following misdemeanor crimes without a warrant although the alleged
crime did not occur in the officer’s presence: relating to indecent
assault and relating to indecent exposure; where the victim of the
offense was less than 16 years of age. A3550 (Greenleaf) deleted
the criminal offense of open lewdness from the provisions of the bill.
(unanimous vote on the amendment and the bill)
House Bill 2172, pn
3909 (Hickernell) The bill is the Foster Parent Rights Act providing certain
rights to foster parents. A3531 (Greenleaf) is a clarifying
amendment recommended by the Department of Public Welfare. (unanimous
vote on the amendment and a vote of 12-2 vote on the bill)
House Bill 2724, pn 4111 (J. Evans)
The bill amends the
Controlled Substance, Drug, Device and Cosmetic Act, making it a felony
of the third degree to manufacture methamphetamine in a structure where
a minor is present. The penalty is at least two years in prison and a
fine of at least $25,000. A3549 (Greenleaf) removes the
mandatory minimum penalties from the bill. (unanimous vote on the
amendment and the bill)
Note:
House Bill 2057 was withdrawn from the agenda. Senate Bills 1054 and
1144 were discussed, but no action was taken on the bills.
Senate
Judiciary Committee 6/22/04
The Senate Judiciary
Committee met on Tuesday, June 22, 2004, and took action as follows:
Reported Out as
Committed
Senate Bill 1027 pn
1412 (C.
Williams) The bill amends the Domestic Relations Code to ensure that
late child support payments caused by an employer not forwarding
attached wages to the county domestic relations office are not to be
reported to consumer reporter agencies. A unanimous vote was recorded
House Bill 835 pn 3555
(Maitland)
The bill amends the Judicial Code to require all persons convicted of or
adjudicated delinquent for any felony offense to submit a DNA sample to
the Pennsylvania State Police date bank. A 12-2 vote was recorded.
HB 2224 pn 3827
(Dally) The bill amends the Crimes Code providing for criminal and
civil protective orders, and statewide and county registries of the
orders. A 12-2 vote was recorded.
Reported Out as Amended
House Bill 1117 pn 2380
(Maher) The
bill amend the Crimes Code providing for new offenses relating to
railroad vandalism and interference with transportation facilities. A
unanimous vote was recorded. A2244 (technical) unanimous vote.
House Bill 2046 pn 3217
(Hutchinson) The legislation amends the Crimes Code to further provide
for the issuance of licenses to carry firearms. A unanimous vote was
recorded. A2364 adds language for reciprocity, requires uniform licenses
throughout Pennsylvania, increases license fee to carry a firearm from
$19 to $25, and adds a new section requiring the Attorney General to
annually inquire of other states regarding a reciprocity agreement.
(unanimous vote).
HB 2397 pn 3738
(Gabig) The bill amends the Crimes Code and the Judicial Code to address
several issues relation to Pennsylvania’s Registration of Sexual
Offenders Act (Megan’s Law). A unanimous vote was recorded. A2241 makes
additional changes including the addition of “institutional sexual
assault” to the list of offenses, the addition of “common interest
community” and the requirement the the Attorney General conduct an
annual performance audit of Megan’s Law. (unanimous vote).
House Bill 1424 pn 3734
(Thomas) The bill amends the Crimes Code adding two fees on offenders to
pay for county criminal justice technology. An 11-3 vote was recorded.
A2225 (technical) unanimous vote.
Senate
Judiciary Committee
6/8/04
The Senate Judiciary
Committee met on Tuesday, June 8, 2004, and took action as follows:
Out as Amended -
Unanimously
Senate Bill 669,
pn 759 (Costa) The bill adds Chapter 44 to the Judicial
Code to provide for the certification of court interpreters for the deaf
and hearing impaired for judicial proceedings. A1989 (Costa) was
added revising the bill to provide for the certification and use of
foreign language interpreters and interpreters for the deaf/hearing
impaired in administrative proceedings as well as judicial proceedings.
(unanimous)
Senate Bill 702 pn 800
(Corman)
The bill amends the
Crimes Victims’ Act to add language pertaining to victims of identity
theft. A1503
(Greenleaf)
was added to remove language establishing the Victims’ Advisory Board
and instead expands the already existing Advisory Committee under the
Pennsylvania Commission on Crime and Delinquency. (unanimous)
Senate Bill 1099 pn
1569
(Jubelirer)
Section 911 of
the Judicial Code is amended to add judges to the Courts of Common Pleas
as follows: Blair County (24th Judicial District)- one judge,
Allegheny County (5th Judicial District)- two judges, Berks
County (23rd Judicial District) - one judge, Lackawanna
County (45th Judicial District)- one judge, Luzerne County
(11th Judicial District)- one judge, Washington County (27th
Judicial District)- one judge, Pike County (60th
Judicial District)- one judge, and Butler County (50th
Judicial District) - one judge – A1983 (Greenleaf) and several
oral amendments added additional judges to districts listed above.
Originally, the bill only included one additional judgeship for Blair
County. The other judgeships were added by amendments. (unanimous).
Senate
Judiciary Committee
3/30/04
The
Senate Judiciary Committee met on Tuesday, March 30, 2004, and took
action as follows:
Out
as Amended (Unanimously)
SB 978, pn 1329
(Greenleaf)
This bill is the Uniform Trust Act that codifies the
Uniform Trust Code with some deviations to preserve Pennsylvania’s
terminology and substantive law on certain points. The bill would have
allowed beneficiaries to change trustees without a showing that the
trustee did something wrong. A0840 (Greenleaf) The amendment
said that this provision would not apply to trusts created before the
effective date of the act (prospective application only). A0840 (Piccola)
The amendment removed the provision altogether. Vote: 10-2
SB
985, pn 1335 (M.J. White)
This bill amends the Domestic Relations Code to abolish common-law
marriages. A0794 (White) would codify a Commonwealth Court
decision of September 17, 2003, that common-law marriages would not be
recognized after that date. Senator Kukovich made an oral
amendment to A0794, which changed the date to January 1, 2005. Vote:
Unanimous
Out as Amended
HB
832, pn 2630 (Maitland)
The bill amends the
Crimes Code, relating to tattooing, to add body piercing. A person
commits an offense if he punctures a part of the body of any person
under the age of 18 with the intent to create a permanent hole for
cosmetic purposes without the parent or guardian of that person giving
consent and being present at the time of the body piercing. An oral
amendment was added that would make this an offense only if it included
“compensation” for the procedure. Vote: Unanimous
The bill
was reported out of the committee as amended with one negative vote.
Out as Committed (Unanimously)
SB
1032, pn 1421 (Greenleaf)
The bill amends Title 54 (Names) to codify the procedure that must be
used when requesting a court to approve a name change.
SR
220, pn 1499 (Greenleaf)
The resolution expresses the Senate’s opposition to rules adopted by the
Interstate Commission for Adult Supervision that would allow certain
offenders convicted of misdemeanors in other states to travel to and
relocate in Pennsylvania without being subject to supervision by
Pennsylvania law enforcement.
HB
434, pn 1569 ( Sather)
This bill is the Foster Parent Consideration Act. Under the legislation
county children and youth agencies are required to consider foster
parents who are interested in adopting their foster children.
Senate
Judiciary Committee
3/16/04
The Senate Judiciary Committee met on Tuesday, March 16,
2004, and took action as follows:
Reported Out as Amended
SB 54, pn 55 (Greenleaf)
The legislation proposes
a Joint Resolution amending the Constitution of the Commonwealth of
Pennsylvania. The legislation makes several editorial changes to
Article IV, Article V and the schedule to Article V by replacing the
term “Justice of the Peace” with “ District Justice.” (Unanimous)
A1070 (Greenleaf)
Changes “district justice” to “magisterial district justice”
(Unanimous)
SB 679, pn 807 (Madigan)
The bill amends the
Controlled Substance, Drug, Device and Cosmetic Act to address the
possession or transporting of anhydrous ammonia. (Unanimous)
A0566 (Greenleaf)
replaces the term “anhydrous ammonia” with “liquefied ammonia gas” and
adding hypophosphoric acid and ammonium sulfate.(Unanimous)
Gordner Oral Amendment
removed language placing the burden of proof on the defendant.
(Unanimous)
HB 37, pn 42 (Steil)
The bill
authorizes the Department of Conservation and
Natural Resources to hold harmless the United States Army Corps of
Engineers in connection to its work on projects along the Delaware Canal
State Park that extends from Easton to Philadelphia County. (Unanimous)
A0600 (Boscola)
Adds the Department of Environmental Protection and the Department of
Transportation to the provisions of the bill and adds projects in
Stockertown, Tatamy and Palmer, located in Northampton County.
(Unanimous)
Reported Out as
Committed
SB 1004 pn 1362 (Mellow)
The legislation amends
the Crimes Code to increase the grading of indecent assault from a
misdemeanor of the first degree to a felony of the third degree when the
victim is less than 13 years of age. Otherwise, the grading of the
offense is raised from a misdemeanor of the second degree to a
misdemeanor of the first degree. (Unanimous)
SB 1005, pn 1363 (Mellow)
The legislation amends the Judicial Code to provide that a district
justice or notary public is not authorized to administer the oath of
office to a judge as defined under section 102 of the Judicial Code with
the exception of administering the oath of office to a district justice,
Pittsburgh Magistrates Court or Traffic Court of Philadelphia. (Vote:
13-1)
HB 1083, pn 2773 (Browne)
The legislation
amends Title
23 to replace the Uniform Child Custody Jurisdiction Act with the
Uniform Child Custody Jurisdiction and Enforcement Act. The need for a
revised act regarding child custody jurisdiction and enforcement arose
after Congress enacted the Parental Kidnapping Prevention Act (PKPA) and
to address the deficiencies of the UCCJA. (Unanimous)
Senate
Judiciary Committee 2/10/04
The
Senate Judiciary Committee met on Tuesday, February 10, 2004, and took
action as follows:
Report
Out as Amended (unanimously)
Senate
Bill 979, pn 1330 (Greenleaf) The legislation incorporates the Pennsylvania Uniform Child
Witness Testimony by Alternative Methods Act into the Judicial Code.
A0057 (Greenleaf) removes clear and convincing evidence language
(unanimous vote). A0086 (Greenleaf)
changes “trauma” to distress (unanimous vote).
Reported
Out as Committed (unanimously)
Senate
Resolution 160, pn 1214 (Orie) This resolution directs the Joint State Government Commission
to study the feasibility of establishing an alternative to the existing
liability system for medical professional liability actions.
Reported
out as Committed
Senate Bill 9,
pn 1326 (Mowery)
A Joint Resolution proposing an amendment to the Constitution of
the Commonwealth of Pennsylvania, further providing for compensation laws
allowed to the General Assembly.
(Vote: 12-1)
Senate
Judiciary Committee 12/8/03
The
Senate Judiciary Committee met on Monday, December 8, 2003,
and took action as follows:
Reported
Out as Committed:
SB
668 pn 758
(Costa) The bill is the
Pennsylvania Crime Reporting Act under the direction of the State Police.
(unanimous)
SB
904 pn 1152 (Greenleaf) The bill amends various titles of the Pennsylvania
Consolidated Statutes changing references from “district justice” to
“magisterial district justice”. (unanimous)
SB
959 pn 1268
(Robbins) The bill amends the
Judicial Code relating to requirements of county correctional facilities
to provide certain medications. (unanimous)
HB
1189 pn 2188
(Baker) The bill amends the
Crimes Code so that victims of crime may receive restitution for
collateral injury when the injury is a direct result of criminal activity.
(Vote: 9-5)
HB
1718, pn 2422 (Nickol)
The bill amends the Tobacco Settlement Act to place limits on
supersedeas bond requirements. (Vote: 9-5)
Out
as Amended
HB
1423 pn 2185
(True) The bill amends the
Adoption Act to revise or establish various time limitations to facilitate
the adoption process.
(unanimous)
A4442 (Greenleaf)
Clarifies
references to birth parent, changes 20 day time period to revoke consent
of adoption to 30 days, and an exception is added to the evidence standard
for the age of 21 years and under. (unanimous)
Senate
Judiciary Committee 10/28/03
The
Senate Judiciary Committee met on Tuesday, October 28, 2003,
and took action as follows:
Reported
Out as Amended
House
Bill 46, pn 50 (Rep. Nailor)
The bill amends the Crime Code relating to the desecration or sale
of venerated objects, to increase the grading of the offense when a person
intentionally desecrates a historic burial lot or a historic burial place.
A2819 (Greenleaf) technical.
Pennsylvania
Board of Probation & Parole Nominees
(Unanimously Reported Out)
Michael
L. Green, Wyncote
Jeffrey Imboden, Lebanon
Senate Judiciary Committee
9/30/03 The Senate
Judiciary Committee met on Tuesday, September 30, 2003, and took action
as follows:
Out as Committed (unanimously)
Senate Bill 93 pn 92 (Greenleaf) The
bill amends the Crimes Code making it a felony of the third degree for a
person to hold, conduct or operate a greyhound race for public
exhibition and for monetary remuneration.
Senate Bill 735 pn 882 (Pileggi) The
bill amends the Judicial Code to increase the fees that constables may
charge for their services.
Senate Bill 903 pn 1151 (Greenleaft) The
bill amends Megan’s
Law to add the offense of “institutional assault” to the list of crimes
for which an offender must register his whereabouts.
House Bill 1222 pn 1469 (Weber) The bill
amends the Judicial Code providing that where there are multiple summary
offenses arising out of the same criminal episode and the police officer
reasonably believes that the person was driving with a suspended
license, the proceedings on all of the offenses may be commenced within
30 days after the police officer receives verification of the basis for
the suspension from the Department of Transportation.
Out as Amended (unanimously)
House Bill 485 pn 1686 (Gordner) The
bill amends the Judicial Code to provide that fines for summary
harassment be paid to the municipality in which the offense occurred, to
give parole officers immunity when assisting federal law enforcement
officers, and to establish a municipal police start-up free fund. A3546
(Greenleaf) The amendment removed the provisions of the bill that would
have established a municipal police start-up fee fund. Amendment Vote:
Unanimous
House Bill 709 pn 1653 (DiGirolamo) The
bill amends the Crime Codes relating to animal cruelty providing for
increases in penalties. A2002 (Greenleaf) This amendment removes a
change proposed that would increase the maximum prison sentence for
animal cruelty when it involves the killing or torturing of a dog or
cat. The maximum sentence will remain at two years. Amendment Vote:
11-1
House Bill 786 pn 918 (Gannon) This
bill amends the Probate Code to provide an exemption from the notice
provisions for powers of attorney. Section 5601 (e) (3) exempts a motor
vehicle dealer from the notice requirement when using a power of
attorney in a sale, purchase or transfer of a vehicle as authorized
under the Vehicle Code. A3567 (Greenleaf) This is a technical amendment
Vote: Unanimou
Out as Amended
Senate Bill 41 pn 52 (Orie) The
legislation is known as the Sexual Assault Testing Evidence Collection
Act. It establishes minimum requirements for hospitals and health care
facilities that provide emergency services to victims of sexual assault
and the legislation provides for a statewide sexual assault evidence
collection program. A3581 (Orie) The amendment deletes Section 3
dealing with minimum requirements for medical facilities. Vote: 11-1
Defeated in Committee
House Bill 1189 pn 2188 (Baker) The bill
amends the Crimes Code so that victims of crime may receive restitution
for “collateral injury” when the injury is a direct result of criminal
activity. Vote: 6-6
Senate Judiciary Committee
6/19/03
The Senate
Judiciary Committee met on Tuesday, June 19, 2003, and took action as
follows:
Reported Out as
Amended
SB 711
(Armstrong) This bill amends the Judicial Code to allow a crime victim or
other eligible person to recover all reasonable attorney fees and other
litigation costs when bringing a civil action to recover money damages
from the person convicted of the crime. Amendment 1780- technical
amendment passed unanimously(14-0). The bill then passed unanimously
(11-3) Schwartz, MJ White and Earll voted no.
HB 898 (Kenney)
This bill creates the Fraud Against Taxpayers Act. This legislation
authorizes the Attorney General, a district attorney or a private
plaintiff to bring a civil action against a person that knowingly files a
false claim with the Commonwealth or a political subdivision. Amendment
A1789- Amends the bill to change the assessment from two tiered to one, it
provides criteria for damages and varius other changes. Sen Kukovich tried
to split the amendment but it was defeated (5-9) Then the amendment passed
by a (8-6) vote. And the bill was reported out (13-1) Schwartz voted no.
Reported Out as
Committed
SB 684 (Earll)
This creates the Genetic Testing Confidentiality Act. the purpose of the
Act is too protect the confidentiality of the collection, retention, use
and dissemination of genetic information. Unanimous vote (14-0)
SB 699 (Greenleaf)
This bill amends the Judicial Code, expanding the imposition of criminal
laboratory user fees. It provides that a criminal lab user fee will be
payable in all criminal offences. Costa offered an amendment but then
withdrew it. The amendment would have set up laboratory funds in counties
of the first class and the second class. The bill was reported out by a
unanimous vote of (14-0)
HB 89 (Steil)
This bill amends Title 20 to provide that a surviving spouse of a victim
of the 9/11 tragedy will be entitled to 100% of any compensation award
paid to the descendant's estate pursuant to the Air Transportation Safety
and System Stabilization Act. The bill was reported out unanimously (14-0)
Senate
Judiciary Committee 6/3/03
The
Senate Judiciary Committee met on Tuesday, June 3, 2003, and took action
as follows:
Reported
Out as Amended
SB
26 pn 27 (Helfrick) The bill
prohibits the imposition of the death penalty on a person with mental
retardation. A1083 (Helfrick) Would require that a motion for a hearing
for determination of mental retardation must be made 30 days prior to
trial; the Commonwealth shall have the right to discovery that exists
under the PA Criminal Rules of Procedure; the definition of mental
retardation is revised, and if the judge declares the person is not
mentally retarded and the trial results in a guilty verdict, the defendant
is not given a second chance to raise the issue of mental retardation
through a special question to the jury.
A1083 was adopted by a 9-5 vote. A1152 (Boscola) Would place
determination of mental retardation before a jury rather than a judge.
A1152 was defeated by a 5-9 vote.
HB 1006 pn 1182 (Marsico) The
bill amends the Crimes Code to add transportation security
administration airport security screeners to the list of officials and
employees enumerated under the
aggravated assault law. A1102 (Tartaglione) Would add any
employee of a city, borough, incorporated
town or township to the list. The amendment was adopted by a vote of 9-5.
Reported Out as
Committed
SB
672 pn 765 (Stout) The bill
amends the Judicial Code by adding one judge to the complement for the
court of common pleas in the twenty-seventh judicial district, Washington
County. (Unanimous)
SB
733 pn 851 (Dent) The bill
amends the Crimes Code to add members of the armed forces of the United
States to the list of officials and employees enumerated under the
aggravated assault law.
Senate
Judiciary Committee 5/13/03
The
Senate Judiciary Committee met on Tuesday, May 13, 2003, and took action
as follows:
Reported
Out As Amended (unanimous)
SB
521 pn 558 (Brightbill) The
legislation amends Title 42 of the Pennsylvania Consolidated Statutes by
adding Chapter 64—Commitment of Sexually Violent Delinquent Children and
Young Adults and making conforming amendments to several existing sections
of Title 42.
A0782(Piccola)
Limits the total number of annual commitments to 10 thereby
providing that a “juvenile” offender could be committed under the
Chapter 64 civil commitment proceedings for a total of ten years after
release for the underlying juvenile offense.
Removes provisions that required juveniles to register as sex
offenders for a period of ten years after release from civil commitment
pursuant to chapter 64. (unanimous)
A0780(Kukovich)
Specifically provides that the “juvenile”, now 21, has the right to
counsel at civil commitment proceedings under chapter 64— Commitment of
Sexually Violent Delinquent Children and Young Adults. (unanimous)
A0714
(Schwartz) Provides
definition of mental abnormality consistent with that found in Kansas
statute as reviewed by United States Supreme Court and 42 Pa.C.S. § 9792
(Megan’s Law). (11-3)
A0715
(Schwartz) Technical amendment. Makes
terminology of “sexually violent behavior” consistent throughout the
bill. (unanimous)
Withdrawn
from the Agenda for committee hearings was SB 284.
Nominees
(Reported Out Favorably)
Glenn
Bronson, Esq., Court of Common Pleas, Phila. County (12-2)
Ramy
Isaac Djerassi, Esq., Court of Common Pleas, Phila. County (12-2)
Nina
Wright Padilla, Esq., Court of Common Pleas, Phila. County (12-2)
Senate
Judiciary Committee 5/6/03
The
Senate Judiciary Committee met on Tuesday, May 6, 2003, and took action as
follows:
Reported
Out As Amended (unanimously)
SB
95 pn 94 (Greenleaf) The
legislation makes extensive amendments to the Domestic Relations Code
relating to divorce. A0365(Greenleaf) Restores the two-year waiting period for
separation, as is currently the law.
The bill would have changed the waiting period to one-year
(unanimously).
Tabled for
Further Study
SB
41 pn 52
SB
395 pn 409
SB
521 pn 558
Senate
Judiciary Committee 4/22/03
The
Senate Judiciary Committee met on Tuesday, April 22, 2003, and took action
as follows:
Reported
Out as Committed (unanimously)
Senate
Bill 133 pn256 (Orie) The
bill amends the Vehicle Code to increase the penalties for multiple
driving under the influence convictions and to revise the DUI ignition
interlock system.
House
Bill 266 pn992 (Reichley) The
bill amends the Controlled Substance, Drug, Device and Cosmetic Act to
make the sentencing provisions for the distribution of Ecstasy consistent
with the Crimes Code.
House
Bill 267 pn993 (Reichley) The
bill amends the Crimes Code to correct an error in the chemical
description of Ecstasy.
Reported
Out as Amended (unanimously)
Senate
Bill 217 pn225 (Greenleaf) The
bill amends the Judicial Code by adding Chapter 99 which provides for the
Drug Offender Treatment Program. A0305 (Greenleaf) was unanimously
approved and was added for editorial purposes only.
Senate
Judiciary Committee 3/25/03
The
Senate Judiciary Committee met on Tuesday, March 25, 2003, and took action
as follows:
Reported
out as Amended Unanimously
SB
276, PN 283 (Greenleaf) This legislation amends the Association Code to finish the
codification of the nonprofit
corporation laws. A0222 (Greenleaf) The amendment provided for additional
definitions in the bill. It
was unanimously approved.
Reported
out as Committed Unanimously
SB
356, PN 427 (Erickson)
This legislation amends the Crimes Code to provide affiliates of
the Little League Baseball, Inc., cost-free criminal background checks.
SB
441, PN 459 (Conti) This
legislation amends the Domestic Relations Code to authorize an active,
retired or senior bankruptcy judge of the United States Bankruptcy Courts
for the Eastern, Middle or Western District of Pennsylvania to solemnize
marriages.
Senate
Judiciary Committee 3/11/03
The Senate
Judiciary Committee met on Tuesday, March 11. 2003, and took action as
follows:
Reported Out as
Committed:
SB 392 (PN 406) (Greenleaf)
This bill rewrites the Criminal Records and Fingerprinting Act and makes
additional changes to the act. (unanimously approved)
Reported out as
Amended:
SB 275 (PN 275) (Greenleaf)
This legislation rewrites Chapter 53 of the Domestic Relations Code to
further provide for child custody generally and for child custody
jurisdiction and enforcement. (Amendment was technical) (unanimously
approved)
Senate Bills 41
& 170 were pulled.
Senate
Judiciary Committee 3/4/03
The
Senate Judiciary Committee met on Tuesday, March 4, 2003, and took action
as follows:
Reported
Out as Committed (unanimous)
SB
188, pn 212 (Boscola) The
bill amends the Crimes Code, relating to arson and related offenses, to
prohibit a person convicted of a violation of this section from serving as
a member of a volunteer firefighter company and from being certified as a
firefighter under the State Fire Commissioner Act.
SB
319, pn 334 (Greenleaf) This
is enabling legislation for the Interstate Compact for Juveniles. The Interstate Compact for Juveniles manages the interstate
movement of adjudicated youth, the return of non-adjudicated youth, and
the return of youth to states where they were charged with delinquent
acts.
Reported
Out as Committed
SB
8, pn 110 (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%. This is
required by the federal government in order to continue to receive federal
highway funds.
SB
57, pn 57 (Greenleaf) The
bill amends the Judicial Code to add an aggravating circumstance to the
list of aggravating circumstances under which a prosecutor may seek the
death penalty. Specifically,
the legislation adds an aggravating circumstance that permits the
prosecutor to seek the death penalty in cases where the defendant
committed the killing in order to collect life insurance proceeds.
SB
304, pn 319 (Waugh) The
bill amends the Probate Code to give state and local taxes a priority when
the assets of an estate are insufficient to pay all of the debts of the
estate.
TABLED
SB
41, pn 52 (Orie) This is
the Sexual Assault Testing and Evidence Collection Act.
Senate
Judiciary Committee 2/25/03
The
Senate Judiciary Committee met on Tuesday, February 25, 2003, and took
action as follows:
Reported
Out as Committed
SB
97, pn 96 (Senator Greenleaf) The
bill amends the Judicial Code to allow jurors to take notes in certain
cases. When permitted by
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. This provision
applies to civil and criminal trials.
SB
153, pn 158 (Senator Dent) The
bill amends the Associations Code to allow 16 and 17 year olds under
certain conditions to serve on the board of directors of a nonprofit
corporation. Currently, the
law provides that each member of the board of directors be of full age.
SB
164, pn 169 (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.
SB
296, pn 311 (Thompson) The
bill amends the Domestic Relations Code to clarify the procedure for an
adult adoptee who wishes to assume a new name.
Senate
Judiciary Committee 2/11/03
The
Senate Judiciary Committee met on Tuesday, February 11, 2003, and took
action as follows:
Reported
Out as Committed (Unanimously)
Senate
Bill No. 92, pn 91 (Senator Greenleaf)
This
legislation provides for the institution of a petition for
re-determination 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
Senate
Bill No. 109, pn 106 (Senator
O'Pake)
The
legislation authorizes the public disclosure of law enforcement records
concerning a minor who has been adjudicated delinquent for an offense
which would be graded as a felony.
Senate
Bill 152, pn 157 (Senator Dent)
The
legislation establishes the Uniform Trade Secrets Act under Title 12 of
the Pennsylvania Consolidated Statutes.
The act will provide civil penalties for the misappropriation of
trade secrets by the acquisition or disclosure of such trade secrets by
improper means.
Reported
out as committed
Senate
Bill No. 72, pn 68 (Senator Tomlinson)
The
legislation amends the Crimes Code to add public utility workers and legal
representatives of a county
children and youth social service agency to the list of officers and
employees under the aggravated assault statute.
Executive
Nomination
The
Judiciary Committee considered the nomination of Jeffrey A. Beard, Ph.D to
be the Secretary of the Department of Corrections.
Secretary Beard was nominated to fill this position previously by
Governor Ridge and confirmed by the Senate on February 14, 2001.
He has been re-appointed by Governor Rendell. His nomination was unanimously approved.
Senate
Judiciary Committee 1/27/03
The
Senate Judiciary Committee met on Monday, January 27, 2003, and took
action as follows:
Bills
Reported As Committed (unanimously)
SB
55, PN 49 (Greenleaf) The
joint resolution provides for two separate amendments to the Constitution
of Pennsylvania that together provide for the manner by which a child
victim or witness may give testimony in a criminal proceeding.
Nominations
The
nomination of William H. Lamb as Justice of the Supreme Court was
unanimously approved.
|
