Senate Judiciary Committee 03/18/08

The Senate Judiciary Committee met on Tuesday, March 18, 2008 and took the following action:

Reported as Committed:

SB 1250, PN 1776 (Brubaker): This legislation would add a section to the Constitution of the Commonwealth of Pennsylvania stating “No union other than a marriage between one man and one woman shall be valid or recognized as marriage or the functional equivalent of marriage by the Commonwealth.”  A vote of 10-4 was recorded.

SB 1021, PN 1279 (Piccola): This legislation amends Title 18 (Crimes and Offenses) by repealing section 7105 from the Crimes Code.  That section first enacted as the Act of April 13, 1859, P.L. 614 § 1 restricts the operation of pool and billiard rooms as well as who may use them.  The bill was reported unanimously. 

SB 1149, PN 1531 (Tartaglione): This legislation amends section 2702 of the Crimes Code to add mass transit employees to the list of officers and employees under the aggravated assault statute.  A vote of 11-3 was recorded.

SB 1269, PN 1731 (Greenleaf): This legislation amends several sections in the Title 42 (Judicial Code) further providing for the confidentiality and non-incrimination rights of juvenile offenders in juvenile proceedings.  The bill was reported unanimously. 

HB 306, PN 2831 (Belfanti): This legislation amends Title 42 (Judicial Code) to remove the jurisdiction of the court of common pleas for appeals of determinations issued by the Pennsylvania Labor Relations Board under the Pennsylvania Labor Relations Act (PLRA).  The effect of removing the paragraph would vest jurisdiction in the Commonwealth Court.  The bill was reported unanimously. 

HB 675, PN 1267 (Petrarca): This legislation amends Title 18 (Crimes Code) by establishing a new criminal offense.  The new section makes the illegal dumping of methamphetamine waste a felony of the third degree.  The bill was reported unanimously.

Reported as Amended: 

SB 1107, PN 1469 (Folmer): This legislation prohibits any court of this commonwealth from modifying or amending an existing custody order or entering a new order that changes the custody order of a child whose parent is a member of the armed forces while that person is deployed.  The bill was reported unanimously. 

SB 1278, PN 1768 (Greenleaf): This legislation amends various sections of Title 23 (Domestic Relations Code) relating to child support and medical support for children.  The Department of Public Welfare Office of Income Maintenance, Bureau of Child Support Enforcement has submitted this legislation to meet the requirements of the Federal Deficit Reduction Act of 2005 (DRA).  The bill was reported unanimously.

Senate Judiciary Committee 12/10/07

Reported Out as Amended

Senate Bill 1045 pn 1344 (Kitchen) The legislation amends the Judicial Code and Title 44 (Law and Justice) making omnibus changes to the criminal justice provisions with the primary purpose of addressing prison population growth concerns. Vote:  12-2

Senate Bill 1128 pn 1506 (Greenleaf)  The legislation establishes the Criminal Justice and Mental Health Reinvestment Act.    The purpose of the act is to provide funding to counties to assist them with planning, implementing or expanding initiatives that increase public safety, avert increased spending and improve the effectiveness of treatment services for individuals with mental health or substance abuse disorders. Vote:  13-0

Senate Bill 1206 pn 1630 (Costa)  The legislation amends the Prisoner Transfer Law.  This legislation provides for the temporary transfer of inmates in the custody of the Department of Corrections for judicial proceedings.  The legislation enumerates the conditions that must be satisfied in order to transfer an inmate to a state correctional facility that is closer in proximity to the judicial proceeding.  Vote:  12-2

Senate Bill 1207 pn 1631 (Costa)  The legislation amends the Pennsylvania Board of Probation and Parole Act.  The legislation authorizes the Pennsylvania Commission on Sentencing to adopt guidelines, similar to current sentencing guidelines, for use in parole, probation or intermediate punishment decisions. Vote:  12-2

House Bill 1961 pn 2832 (Bennington) The bill amends the Child Protective Services Law relating to background checks. Vote:  13-0

Reported Out as Committed 

Senate Judiciary Committee 11/20/07

The Senate Judiciary Committee met on Tuesday, November 20, 2007, and took action as follows:

Reported Out as Amended

Senate Bill 232 pn 269 (Greenleaf)  The bill amends the provision of the Criminal History Record Information Act to permit the expungement of certain criminal conviction data. (Vote:  13-1)  A04311  Removed the provision that reduced the time period.  (Vote:  13-1)

Senate Bill 1125 pn 1505 (Orie)  The bill amends the Crimes Code to add an offense for the unauthorized use of a deceased soldier’s name, portrait or picture. (Unanimous VoteA04274 Technical amendment  (Unanimous Vote)

Senate Bill 1129 pn 1507 (Greenleaf)  The bill amends the Pennsylvania Drug and Alcohol Abuse Control Act expanding the list of qualified individuals who are authorized to perform certain drug and alcohol assessments. (Unanimous Vote)  A04121 Technical amendment  (Unanimous Vote)

Senate Bill 1147 pn 1529 (Washington) The bill amends the Child Protective Services Law of the Domestic Relations Code making a number of changes relating to background checks. (Unanimous Vote) A04085 (Greenleaf)  Provides for transitional provisions until the legislation becomes effective.  (Unanimous Vote)

Senate Bill 1156 pn 1536 (Folmer)  The bill amends the Juvenile Act to provide for certain rights of an individual providing foster care. (Unanimous Vote)  A04370 Changes the effective date of the bill (Unanimous Vote)

House Bill 296 pn 338 (R. Stevenson)  The legislation amends Title 18 (Crimes Code) to increase the amount of the bad check service charge permitted under section 4105 from $20.00 to $50.00.  This offense is graded in a range from a summary offense to a felony of the third degree depending on the amount of the check passed. (Unanimous Vote)  A04237 Allows nonprofit consumer credit counseling agencies to set fees for their services.  (Unanimous Vote)

Reported Out as Committed

Senate Bill 1153 pn 1538 (Greenleaf)  The bill amends the Judicial Code to bring the independent Minor Judiciary Education Board under the umbrella of the United Judicial System. (Unanimous Vote)

House Bill 1235 pn 2235 (J. White)  The bill amends the Crimes Code increasing the penalty for impersonating a public servant. (Vote: 13-1)

Senate Judiciary Committee 10/23/07

The Senate Judiciary Committee met on Tuesday, October 23, 2007, and took action as follows:

Reported Out as Amended

Senate Bill 1136 pn 1478 (Greenleaf)  The legislation amends Title 42 (Judicial Procedure).  The legislation amends section 9791 to state that it is the intent of the General Assembly to reduce recidivism and protect potential victims by keeping them apart from sexually violent predators by imposing residency restrictions. Unanimous Vote  Oral Amendment (M.J.White) Removes the language including sexual offenders

Amendment Vote:  10-1

Reported Out as Committed

Senate Bill 1013 pn 1266 (Greenleaf)  The bill amends the Domestic Relations Code to increase the monetary limits of parental liability for tortuous acts of their children.

Senate Judiciary Committee 09/19/07

The Senate Judiciary Committee met on Tuesday, October 2, 2007, and took action as follows:

Reported Out as Amended

House Bill 642 pn 1353 (Walko) The bill amends the Crimes Code to broaden the offense of neglect of a care-dependent person. Unanimous Vote.  An oral amendment was offered by Senator M.J. White to remove language relating to stalking, which had been added in the House.  Unanimous Vote.

Reported Out as Committed

Senate Bill 366 pn 404 (Greenleaf)  The legislation amends Title 23 (Domestic Relations) to provide special consideration to companion animals in divorce proceedings under this title.  10-3 Vote.

Senate Bill 751 pn 822 (M. J. White)  The bill amends the Judicial Code to prohibit the imposition of the death penalty on a person with mental retardation.  11-2 Vote.

House Bill 1152 pn 1400 (Gibbons)  The bill amends the Uniform Commercial Code (UCC) to make extensive changes and conforming amendments primarily to provide enabling language for electronic transactions.  Unanimous Vote.

Senate Judiciary Committee 09/19/07

Reported Out as Amended

Senate Bill 490, pn 1331 (Browne)  The bill amends Megan’s Law provisions of the Crimes Code to require sex offenders to register their online identity.  Unanimous Vote

A3227 (Greenleaf)  Provides for a definition of “instant messaging screen name”

Unanimous Vote

Reported Out as Committed

Senate Bill 117 pn 156 (Costa)  The bill codifies provisions of law relating to the Juvenile Court Judges’ Commission into the Judicial Code and expands the commission’s mission to provide assistance on dependency and delinquency issues. Unanimous Vote

Senate Bill 615 pn 666 (Greenleaf)  This is the Bail Bond Enforcement Agent Law providing for the licensing of bail bond agents. Unanimous Vote

Senate Bill 1027 pn 1302 (Greenleaf)  The legislation authorizes the Department of Corrections at the time the department takes custody of an offender and evaluates them for classification as an offender who would have been otherwise eligible for participation in the state intermediate punishment program.  The department is authorized to recommend to the sentencing court that the offender be re-sentenced for participation in the program.  Unanimous Vote

House Bill 27 pn 2183 (Parker)  The bill amends Title 44 (Law and Justice) establishing a witness protection program in the Office of the Attorney General. Unanimous Vote

Senate Judiciary Committee 06/19/07

The Senate Judiciary Committee met on Tuesday, June 19. 2007, and took action as follows:

Reported Out as Committed

Senate Bill 482 pn 524 (Browne)  The bill amends the Crimes Code adding a section providing for a district attorney justice fee.  The fund is to be utilized by law enforcement agencies for homeland security, victim and witness services, information sharing and criminal justice improvements. Vote:  10-4

Senate Bill 860 pn 1072 (Greenleaf)  The legislation establishes a loan forgiveness program for Pennsylvania residents who are law school graduates and who are employed by an organization that provides pro bono civil legal assistance to low-income residents or by a state or local government agency that prosecutes criminal defendants or represents indigent criminal defendants. Vote:  14-Senate Resolution 135 pn 1163 (Greenleaf)   The resolution directs the Joint State Government Commission to study the use and distribution of methadone. Vote:  14-0

Reported Out as Amended

Senate Bill 861 pn 1048 - The legislation amends Title 42 (Judiciary and Judicial Procedure) to add several judicial positions to the Courts of Common Pleas for the following Judicial Districts:  Twelfth (Dauphin County adding 2 judicial positions), Thirty-eighth (Montgomery County adding 2 judicial positions), Thirty-ninth (Franklin and Fulton Counties adding 1 judicial position) and Fifty-first (Adams County adding 1 judicial position). Unanimous Vote

A01370 (Costa) Added a judge to the Thirty-ninth, which was not included in the legislation prior to the amendment. Unanimous Vote

The committee also approved the following nominations:

Pennsylvania Board of Probation and Parole

Charles J. Fox, Lloyd A. White, and Judith E. Viglione

Victim Advocate

Senate Judiciary Committee 05/08/07

The Senate Judiciary Committee met on Tuesday, May 8, 2007, and took action as follows:

Reported Out as Committed

Senate Bill 221 pn 258 (Stack) The legislation amends Title 18 (Crimes Code) to provide members of the National Guard and Armed Forces a 90-day extension for a license to carry a firearm.  The extension will be granted if the person was deployed overseas and the permit is scheduled to expire while they are deployed overseas.  Unanimous Vote

Senate Bill 595 pn 645 (Orie) The bill amends the Crimes Code and the Domestic Relations Code establishing a program to investigate domestic violence-related facilities and to identify gaps in systemic responses to domestic violence. Vote:  11-3

Senate Bill 831 pn 968 (Greenleaf)  The bill would allow Pennsylvania judicial officers and judges of the United States as defined in federal law to request an exemption if they are called for jury service.  Vote:  8-6

House Bill 688 pn 774 (Rep. Costa)  The bill amends the Judicial Code to exempt persons 70 years of age or older from jury duty. Vote:  10-4

Reported Out as Amended

Senate Bill 632 pn 687 (Greenleaf)  The bill amends Title 15 (Associations Code) and Title 54 (Names) to complete the codification of the Nonprofit Corporation Law, add the Uniform Unincorporated Nonprofit Association Act, and to revise laws relating to limited liability partnerships and limited liability companies. Unanimous Vote 

A00646 (Greenleaf) Technical Amendment with Unanimous Vote

Senate Judiciary Committee 04/24/07

The Senate Judiciary Committee met on Tuesday, April 24, 2007, and took action as follows:

Reported Out as Committed

Senate Bill 331 pn 366 (Waugh)   The bill amends the Crimes Code by adding section 3703 providing for robbery on the premises of a financial institution.  Unanimous Vote

Senate Bill 450 pn 497 (Rafferty) The legislation would create a series of new criminal offenses where the victim is a law enforcement officer engaged in the performance of duty, and the perpetrator knew or should have known that the victim was a law enforcement officer.  Vote:  11-2

Senate Bill 699 pn 745 (Greenleaf) The legislation amends the Judicial Code providing for the admissibility of statements when using the emotional distress exception to the hearsay rule.  The legislation provides that if testimony in court regarding conduct of a defendant charged with certain criminal offenses would cause the child serious emotional distress, a determination that the child is unavailable as a witness may be made and out of court statements may be used in the trial.  Unanimous Vote

Reported Out as Amended

Senate Bill 34 pn 67 (C. Williams)  The legislation provides that municipalities may not prohibit breastfeeding of children in public by local ordinance and that the conduct may not be considered criminal under certain provisions of the Crimes Code.  The legislation also provides that a mother has a right to breastfeed her child in any location, public or private, where she and her child are otherwise authorized to be present.  Vote:  11-1

Senate Judiciary Committee 03/27/07

The Senate Judiciary Committee met on Tuesday, March 27, 2007, and took action as follows:

Reported Out as Committed (Unanimously)

Senate Bill 121 pn 166 (Costa)  The bill amends the Judicial Code to clarify the definition of burglary.

Senate Bill 433 pn 481 (Gordner)  The legislation amends the Controlled Substance, Drug Device and Cosmetic Act by adding a section providing for environmental costs associated with the operation of a methamphetamine laboratory.  A person convicted of an offense involving the operation of a methamphetamine laboratory or the use of a precursor substance to manufacture methamphetamine shall be ordered to reimburse the appropriate law enforcement agency for the costs of cleaning up the environmental hazards associated with the operation of the meth lab.

Senate Bill 434 pn 482 (Gordner)  The legislation amends the Controlled Substance, Drug Device and Cosmetic Act to knowingly possess ephedrine, pseudoephedrine, phenylpropanolamine or a product containing ephedrine, pseudoephedrine, phenylpropanolamine or any of their salts, optical isomers, or salts of optical isomers with the intent to manufacture methamphetamine.  Conviction on this offense is graded as a misdemeanor offense subject to imprisonment up to six months and a fine not exceeding $10,000 or both.  Conviction for a second or subsequent offense may result in imprisonment not to exceed two years and a fine of $25,000 or both.

Senate Bill 436 pn 484 (Gordner)  The legislation amends Title 18 by adding a section providing for the operation of a methamphetamine laboratory. The legislation makes it an offense graded as a felony of the second degree to knowingly cause a chemical reaction involving ephedrine, pseudoephedrine or phenylpropanolamine or any of their salts, optical isomers or salts of optical isomers for the purpose of manufacturing methamphetamine or preparing a precursor substance for the manufacture of methamphetamine.

Senate Bill 623 pn 677 (Greenleaf)  The legislation amends the Crime Code relating to the use of force in law enforcement.   The changes authorize a corrections officer to use whatever force is necessary to defend himself or another from bodily harm during the pursuit of an escaped person. 

Senate Bill 625 pn 679 (Greenleaf) The bill amends the Criminal Records and Fingerprinting Act to establish a system for notification when there has been an escape from a correctional institution.

Senate Resolution 42 pn 150 (Browne) The resolution directs the Joint State Government Commission to study the current system for providing services to indigent criminal defendants.

Reported Out as Amended

Senate Bill 183 pn 219 (Pippy)  The legislation makes it a felony of the third degree for a person, by word, action or attire, to impersonate a police officer or other law enforcement officer with the intent to induce another person to submit to false official authority or otherwise rely on the false impression created to their prejudice: Unanimous Vote   A00259 (Boscola)  Added language that also makes it a criminal offense, graded as a misdemeanor of the third degree, to impersonate an active member of the armed forces or a veteran, with the intent to induce another person to submit to false official authority or to otherwise rely to the prejudice of the person upon the false impression created:  Vote:  12-2

Senate Bill 432 pn 480 (Gordner) The legislation amends the Controlled Substance, Drug Device and Cosmetic Act to add several offenses related to the operation of meth labs in Pennsylvania:  Unanimous Vote A00272 (Greenleaf)  Technical Amendment: Unanimous Vote

Senate Judiciary Committee 03/20/07

The Senate Judiciary Committee met on Tuesday, March 20, 2007, and took action as follows:

Reported Out as Committed

Senate Bill 256 pn 294 (Browne)  The bill amends the Judicial Code, relating to the right to bail, to make it consistent with the corresponding constitutional provision.  Vote: 12-1

Senate Bill 306 pn 342 (Rafferty) The bill amends the Crimes Code to provide a person with immunity from prosecution for underage drinking under certain circumstances.  Vote: 13-0

Reported Out as Amended

Senate Bill 365 pn 403 (Greenleaf) The legislation amends Section 1906 of the Judicial Code to extend the sunset date for Senior Judge Operational Support Grants to June 30, 2012.  Vote: Unanimous  Technical amendment added.

Senate Bill 542 pn 536 (Greenleaf)  The legislation authorizes the Pennsylvania State Police to establish multi-jurisdictional law enforcement drug task forces for the purposes of preventing the entry and movement of illegal drugs in the commonwealth and removing violent felons, illegal firearms, straw purchasers and drug pushers from urban neighborhoods. Vote: Unanimous.  A00238 (Greenleaf) The amendment would establish a grant program through the Pennsylvania Commission on Crime and Delinquency for the local establishment and maintenance of task forces.  Vote: Unanimous

Senate Judiciary Committee 03/13/07

The Senate Judiciary Committee met on Tuesday, March 14, 2007, and took action as follows:

Reported Out as Amended (unanimously)

SB 72 pn 102 (Greenleaf) The bill amends the Volunteer Health Services Act to lower the Continuing Medical Education requirement for volunteer licenses. (Unanimous Vote)

Senate Judiciary Committee 02/13/07

The Senate Judiciary Committee met on Tuesday, February 13, 2007, and took action as follows:

Reported Out as Committed (unanimously)

Senate Resolution 9 pn 13 (Greenleaf)  The resolution directs the Joint State Government Commission to study the issue of violent crime.

Senate Bill 73 pn 92 (Greenleaf)  The bill codifies Title 61, consolidating in one body of the law acts relating to prisons, probation and parole.

Senate Bill 116 pn 93 (Costa)  The bill amends the Judicial Code extending the master list of prospective jurors.

Senate Bill 150 pn 94 (Greenleaf)  The legislation is the Sexual Violence Protection Act relating to the protection of victims of sexual violence.

Senate Bill 151 pn 95 (Greenleaf)  The bill amends the Crimes Code expanding and clarifying the provisions prohibiting contraband.

Reported Out as Amended (unanimously)

Senate Bill 397 pn 96 (Regola)  The bill adds a section to the Judicial Code providing for a central or regional booking fee and for a booking center plan. Technical Amendment

Senate Judiciary Committee 06/27/06

The Senate Judiciary Committee met on Tuesday, June 27, 2006, and took action as follows:

Reported Out as Committed

House Bill 1447 pn 1745 (Gingrich)  The bill adds a section to the Crimes Code authorizing probable cause arrests for certain misdemeanor sexual offenses. Unanimous Committee Vote.

House Bill 1944 pn 4037 (Dally)  The bill amends the Crimes Code and the Judicial Code to provide for criminal and civil protective orders and statewide and county registries. Unanimous Committee Vote.

House Bill 2328 pn 3624 (O’Brien) The bill amends the Crimes Code to increase the maximum fines that may be imposed for certain criminal offenses.  Committee Vote:  11-2

Reported Out as Amended

Senate Bill 415 pn 417 (Orie)  The legislation amends Title 42 to provide for the establishment of drug courts.  The bill provides for the appointment of a statewide drug court coordinator and an advisory committee. A07746 (Orie) Removes language and replaces it with recommended language of Supreme Court. Amendment Vote: 11-2 Unanimous Committee Vote

House Bill 1746 pn 4226 (O’Brien)  The bill amends the Judicial Code to increase court fees in Philadelphia.  A08498 and Verbal Amendment – Extends sunset provisions to December 31, 2011. Unanimous Amendment Vote  A8632 – Editorial Corrections – Unanimous Amendment Vote.  Committee Vote:  11-2

Senate Judiciary Committee 06/13/06

The Senate Judiciary Committee met on Tuesday, June 13, 2006, and took action as follows:

Reported Out as Committed

Senate Bill 557 pn 590 (Greenleaf)  - The bill amends the Crimes Code expanding and clarifying the provisions prohibiting contraband. Unanimous Vote

Senate Bill 1115 pn 1639 (Madigan) - The bill amends the Controlled Substance, Drug, Device and Cosmetic Act to add a definition of precursor substance. The bill makes it an offense to possess a precursor substance with the intent to unlawfully manufacture a controlled substance. Unanimous Vote

Senate Bill 1120 pn 1644 (Robbins) - The legislation provides that a person commits an offense under the section if, while supervising the welfare of a child under the age of 18, a person knowingly operates a methamphetamine laboratory or creates a chemical reaction involving a precursor substance for the purpose of manufacturing methamphetamine. Unanimous Vote

House Bill 2425 pn 3822 (Stairs) - The legislation amends Act No. 40 of 1931 to provide for the recording of deeds and other documents relating to real property.  Unanimous Vote

House Bill 2447 pn 3982 (Petri)  - The bill amends the Judicial Code clarifying certain costs associated with prosecution and, further adds to the requirements of the Megan’s Law website (to provide street addresses)  Unanimous Vote

Reported Out as Amended

Senate Bill 1093 pn 1561 (Browne)  - The bill amends the Crimes Code expanding the definition of endangering the welfare of children. Unanimous Vote 

A07965 - Specifies that a person commits the offense if the person prevents or interferes with the making of a report under the Child Protective Services Law.  Unanimous Vote

Senate Bill 1117 pn 1641 (Gordner)  - The bill amends the Crimes Code to make it a crime to operate a methamphetamine laboratory if the person knowingly causes a chemical reaction involving ephedrine, pseudoephedrine or phenylpropanolamine for the purpose of manufacturing methamphetamine or preparing a precursor substance for the manufacture of methamphetamine.  Unanimous Vote

A07966 - Grades the offense as a felony of the second degree and the second part of the amendment removes the reference to the drug free school zone law. Unanimous Vote

Senate Bill 1118 pn 1642 (Gordner)  - The legislation amends the Controlled Substance, Drug Device and Cosmetic Act to knowingly possess ephedrine, pseudoephedrine, phenylpropanolamine or a product containing such or any of their salts, optical isomers, or salts of optical isomers with the intent to manufacture methamphetamine.  Conviction on this offense is graded as a misdemeanor offense subject to imprisonment up to six months and a fine not exceeding $10,000 or both.  Conviction for a second or subsequent offense may result in imprisonment not to exceed two years and a fine of $25,000 or both. Unanimous Vote

A07997 - Makes it clear that the rebuttable presumption that a person possesses ephedrine, pseudoephedrine, or phenylpropanolamine with the intent to manufacture methamphetamine does not apply to a licensed pharmaceutical manufacturer or wholesaler, or their sales representatives, while lawfully marketing, transporting, delivering or dispensing products containing ephedrine, pseudoephedrine, or phenylpropanolamine. Unanimous Vote

Senate Bill 1119 pn 1643 (Gordner) - The bill amends the Controlled Substance, Drug, Device and Cosmetic Act to require reimbursement to law enforcement for the costs of cleaning up environmental hazards associated with the operation of a methamphetamine laboratory. Unanimous Vote

A07780 - Editorial amendment  Unanimous Vote

House Bill 496 pn 3157 (Cornell) - The legislation would add §3311 to the Crimes Code, creating the crime of “Destruction of a survey monument.”  A “survey monument” is defined as  “Any object adopted or placed by a professional land surveyor to define the boundaries of a property, including, but not limited to, natural objects such as trees or streams, or artificial monuments such as iron pins, concrete monuments, set stones or party walls.”  Any person who intentionally cuts, injures, damages, destroys, defaces or removes any survey monument commits a summary offense.  If the destruction is done willfully or maliciously, in order to call into question a boundary line, the offense is a second-degree misdemeanor. Unanimous Vote

A07391 - Makes clear that survey monument or marker does not include a wooden stake placed by a land surveyor as a temporary marker or place holder.  Unanimous Vote

A07952 - Provides that the summary offense will not apply when the marker or monument is a natural object.  The amendment will not affect the more serious offense.  Unanimous Vote

House Bill 2381 pn 4145 (Boyd) - This is a joint resolution proposing an amendment to the Pennsylvania Constitution providing for a recognized marriage in Pennsylvania as being between one man and one woman.  Vote: 13-1

Senate Judiciary Committee 05/03/06

The Senate Judiciary Committee met on Tuesday, May 2, 2006, and took action as follows:

Reported Out as Amended

Senate Bill 772 pn 951 (Greenleaf)  The legislation repeals the five-year sunset for chapter 47 of Title 42 (Access to Justice Act)making the transfer of funds for the purposes stated in the chapter permanent until further action of the General Assembly.

Technical Amendment and reporting out of the bill was by a unanimous vote.

Senate Bill 1026 pn 1388 (Greenleaf)  The bill amends the Child Protective Services Law in the Domestic Relations Code defining the offense of failing to report serious violent or sexual crimes against children.  A07407  The amendment changed the bill to amend the Child Protective Services Law rather than, as originally written, to add a section to the Crimes Code. Amendment Vote: Unanimous        Committee Vote:  Unanimous

House Bill 214 pn 3719 (Godshall)   The bill amends Title 20 (Probate, Estates and Fiduciaries Code) relating to the confidentiality of audiovisual material of an autopsy and further provides for payments to family and funeral directors.  A07586 The amendment gives a grandchild preference over a niece or nephew pertaining to the receipt of unclaimed property.   Amendment Vote:  Unanimous  Committee Vote:  Unanimous

Reported Out as Committed

Senate Bill 1140 pn 1588 (Regola)  The legislation adds section 1725.5 to Title 42 (Judiciary and Judicial Procedure) by establishing a central or regional booking fee.  In addition to any other fines, penalties, costs or fees authorized by law, a person may be sentenced to pay a central or regional booking fee.  Committee Vote:  Unanimous

Senate Bill 1172 pn 1662 (Browne)  The legislation adds section 1111 to Title 18 (Crimes and Offenses) to provide a District Attorney Justice Fee.  The money collected shall be placed in the District Attorney Justice Fund a special fund created in each county.  The fund is to be utilized by law enforcement agencies for homeland security, victim and witness services, information sharing and criminal justice improvements.  Committee Vote:  Unanimous

Senate Bill 1205 pn 1766 (Greenleaf)  The legislation adds section 4308.1 to and amends section 4374 of the Domestic Relations Code to provide for the electronic interception of certain awards for the payment of child support arrearages.  Committee Vote:  Unanimous

House Bill 1112 pn 3212 (True)  The legislation creates the offense of “Trafficking of Persons.”  An offense occurs if a person recruits, entices, harbors, or transports, or provides or obtains by any means, another person, knowing that the other person will be subjected to “forced labor or services.”  Committee Vote:  Unanimous

Senate Judiciary Committee 04/04/06

The Senate Judiciary Committee met on Tuesday, April 4, 2006, and took action as follows:

Reported Out as Amended

Senate Bill 631 pn 725 (M. J. White)  - The bill amends the Judicial Code to prohibit the imposition of the death sentence in cases of mental retardation.  The bill provides for pre-trial determination of mental retardation.  A05942 (Lemmond) would have changed the legislation to provide for post-trial determination of mental retardation.  Amendment Vote:  5-9.  A05907 (Greenleaf)  would further clarify the definition of mental retardation.  Amendment Vote:  Unanimous  Committee Vote:  11-3

Senate Bill 1131 pn 1590 (O’Pake)  - The bill amends the Judicial Code to make more information available on the Pennsylvania’s Police Megan’s Law website. Technical amendment was unanimously approved.  Committee Vote:  Unanimous

Senate Bill 1150 pn 1617 (Pippy)  - The legislation adds a section to the Crimes Code to provide that a person commits a misdemeanor of the third degree if a person engages in protest activities within 500 feet of any cemetery, mortuary, church or other location being used for a commemorative service within one hour before, during or after such service.  In addition to criminal penalties, the bill authorizes a court to order injunctive relief as well as damages and punitive damages for a violation of this section. A7128 (Orie) would add civil remedy action to the legislation.  Amendment Vote:  Unanimous

Committee Vote:  Unanimous

Senate Bill 1153 pn 1633 (Greenleaf)  - The bill amends Act 40 of 1931 to require that documents filed in the Office of the Recorder of Deeds must be both recorded and indexed properly in order to provide constructive notice to a potential purchaser of the property. A07058 (Greenleaf)  A provision is added to the bill providing protection from liability for the recording officer or any political subdivision for any mistake, error or inaccuracy in any index. Amendment Vote: Unanimous  Committee Vote: Unanimous

Reported Out as Committed

Senate Resolution 247, pn 1607 (Pileggi)  - The resolution designates the week of April 16-22 as Weed and Seed Week and recognizes the success of the federal weed and seed program as well as the programs administered by the Pennsylvania Commission on Crime and Delinquency.

Senate Judiciary Committee 03/21/06

The Senate Judiciary Committee met on Tuesday, March 21, 2006, and took action as follows:

Reported Out as Amended

Senate Bill 668 pn 796 (Costa)  - The legislation amends the Judicial Code to provide for the creation of a Statewide Jury Information System for the purpose of extending the master list of prospective jurors. A06896 (Costa) Removes provisions from the bill that authorizes the use of tax and cash assistance information and establishes a statewide jury information system. Amendment Vote:  Unanimous  Committee Vote:   Unanimous

Senate Bill 944 pn 1235 (Orie)  - The legislation amends Title 18 (Crimes Code) and Title 42 (Judicial Code) further providing for criminal sentences for certain sexual offenses and further providing for the registration and public notification of sex offenders and sexually violent predators.(Jessica’s Law).  A06857 (Orie) Makes substantive changes to the bill.  Amendment Vote:  13-1  Committee Vote:  13-1

Reported Out as Committed

Senate Bill 1054 pn 1443 (Pippy)  - The legislation amends section 9788.1 of Title 42 (Judicial Code) to add to the information concerning sex offenders that is provided on the Megan’s Law Internet website administered by the Pennsylvania State Police.  Committee Vote:  Unanimous

Senate Judiciary Committee 02/14/06

The Senate Judiciary Committee met on Tuesday, February 14, 2006, and took action as follows:

Reported Out as Amended (unanimously)

Senate Bill 1069 pn 1468 (Greenleaf) - The legislation establishes the Pennsylvania Innocence Commission.  The purpose of the commission is to study and evaluate the underlying causes of wrongful convictions as they occur in the Commonwealth.

A05931 (Greenleaf) - Membership should be geographically diverse and loosens requirements for a quorum.  Vote: Unanimous 

Reported Out as Committed (unanimously)

Senate Bill 773 pn 952 (Greenleaf) - The bill amends the Crimes Code to make it a misdemeanor of the first degree for a person to transmit or receive interstate or intrastate simulcasting of a greyhound race for commercial purposes.  Vote:  Unanimous

Senate Bill 866 pn 1124 (Stack) - The legislation amends Title 18 (Crimes Code) to provide members of the National Guard and Armed Forces a 90-day extension for a license to carry a firearm. Vote: Unanimous

Nominations Approved:

• Cynthia Baldwin, Judge, PA Supreme Court

• Carol Lavery, Victims’ Advocate

Senate Judiciary Committee 01/31/06

The Senate Judiciary Committee met on Tuesday, January 31 2006,  and took action as follows:

Reported Out as Amended (unanimously)

Senate Bill 506 pn 539 (Greenleaf)  - The bill codifies Title 61, consolidating in one body of the law acts relating to prisons, probation and parole. A05559 (Greenleaf)  The amendment further organizes the subject matter and modernizes the terminology of Title 61 (unanimous vote).

Senate Bill 1003 pn 1341 (Lemmond)  - The bill amends the Crimes Code relating to the possession of a firearm or other dangerous weapon in a court facility. A05687 (Greenleaf) Technical amendment (unanimous vote).

Reported Out as Committed (unanimously)

Senate Bill 780 pn 982 (Rafferty)  - The legislation amends Title 18 (Crimes Code) to make a person who is a minor immune from prosecution under this section if he is seeking medical attention for another person.

Senate Judiciary Committee 12/13/05

The Senate Judiciary Committee met on Tuesday, December 13, 2005, and took action as follows:

Reported Out as Amended

Senate Bill 563 pn 586 (Greenleaf)   The legislation is the Sexual Violence Protection Act relating to the protection of victims of sexual violence.  An amendment was offered relating to seizure of weapons.

Reported Out As Committed

Senate Bill 935 pn 1226 (Corman)    The bill amends the Crimes Code by adding a section relating to the offense of “failure to provide identification to law enforcement authorities”.

Senate Bill 957 pn 1254 (Waugh)    The bill amends the Crimes Code to add a section relating to the new criminal offense of “robbery on the premises of a financial institution”.

House Bill 456 pn 1074 (Good)   The bill amends the Crimes Code to authorize the forfeiture of property used for terrorist activities.

House Bill 477 pn 1076 (Browne)   The bill amends the Judicial Code relating to actions to recover damages against a terrorist, a terrorist organization, and others.

House Bill 750 pn 841 (Scavello)   The legislation amends section 7361 of the Judicial Code to provide that the monetary limit requiring civil matters to be submitted to arbitration would be $50,000 in all counties.

Senate Judiciary Committee 11/15/05

The Senate Judiciary Committee met on Tuesday, November 15, 2006, and took action as follows:

Reported Out as Amended

Senate Bill 303 pn 315 (Pileggi)   The legislation revises the fee schedules and charges that may be levied by constables for services rendered to the judiciary.  A03496 (Greenleaf) Reduced some of the fees increased proposed in the bill. Amendment Vote:  Unanimous. Committee Vote:  Unanimous

Senate Bill 435 pn 458 (Corman)   The legislation amends the Judicial Code  reenacting provisions relating to comparative negligence. A04153 (Greenleaf) Technical amendment.  Amendment Vote:  Unanimous  Committee Vote:  Unanimous

Senate Bill 563 pn 659 (Greenleaf)   The legislation amends section 7102 of the Judicial Code to further provide for comparative negligence between plaintiffs and defendants.  The legislation provides that a plaintiff may collect damages from any defendant where the plaintiff is more that 50% negligent.  Technical Amendment Vote:  13-1

Committee Vote:  13-1

Senate Bill 618 pn 682 (Waugh)   The legislation amends Title 42 (Judiciary and Judicial Procedure) by adding a new subchapter to chapter 83.  The new subchapter provides limited immunity for those involved in equine activities.  A04213 (Greenleaf) Makes the bill a freestanding act.  Amendment Vote:  Unanimous  Committee Vote: Unanimous

Senate Bill 798 pn 991 (Browne)   The bill amends the Judicial Code, relating to the right to bail, to make it consistent with the corresponding constitutional provision.

A03224 (Greenleaf) Technical Amendment  Amendment Vote:  Unanimous

Committee Vote: Unanimous

House Bill 213 pn 1177 (Godshall)   The bill amends the Crimes Code and the Judicial Code relating to the offense of ecoterrorism. Amendment Offered (Greenleaf)  Provides certain definitions for offenses and further provides for the addition of plants to protected activities involving animals or natural resources. Amendment Vote:  Unanimous Vote

Committee Vote:  12-2

House Bill 1686 pn 2456 (Stairs)    The legislation would amend 18 Pa.C.S. §6304 to provide that paintball guns are not included in the definition of “air rifle.”  A03202(Greenleaf) Rewrites the provisions describing under what circumstances a paintball gun or marker may be carried in a vehicle.  Amendment Vote:  Unanimous

Senate Judiciary Committee 10/25/05

The Senate Judiciary Committee met on Tuesday, October 25, 2006, and took action as follows:

Reported out as Committed (Unanimously)

Senate Bill 583, PN 607 (Senator Boscola)   The legislation amends the Crimes Code to prohibit any person convicted of the offense of arson from serving as a member of a volunteer firefighter company and from being certified as a firefighter under the State Fire Commissioner Act.

Senate Bill 895, PN 1176 (Senator Tomlinson)   The legislation amends the Crimes Code to add dogs and horses used by the Southeastern Transportation Authority Police Department to the list of departments enumerated in this section.  As such, it would make it unlawful for any person to taunt or torture an animal owned and used by the Southeastern Transportation Authority Police Department. 

House Bill 1400, PN 1688 (Representative O’Brien)   The legislation amends the Crimes Code to include, as an offense, conduct in which the offender “...intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire...” 

Reported as Amended (Unanimously)

Senate Bill 759, PN 918 (Senator Armstrong)   The legislation amends the Domestic Relations Code to further provide for the payment of death benefits by the State Employee Retirement System, Pubic School Employee Retirement System or Pennsylvania Municipal Retirement System.  The bill provides that the retirement systems are not required to pay duplicative death benefits to a person who is determined to be entitled to such payments by the divorce decree or equitable distribution order after the death of an annuitant and when payments have been made to another pursuant to the beneficiary designation but before the retirement system has received the order. A03260 (Greenleaf) Removes corrective amendment language to Section 3501 which is no longer necessary.  (Unanimous Amendment Vote)

House Bill 1057, PN 220 (Representative Maitland)   The legislation implements the provisions of the Law Enforcement Officers Safety Act of 2004 with respect to retired law enforcement officers.  The bill requires every law enforcement agency in Pennsylvania to provide a retired law enforcement photo identification card to every law enforcement officer upon  retirement.  A03292 (Greenleaf)  Language is added to the legislation to make it clear that if a retired officer has an identification  card, a qualification card constitutes a Pennsylvania license to carry a firearm.  The qualification card must include a confirmation number provided by the sheriff.   The confirmation number shall be the county location code, the license number of a valid license to carry a firearm, a unique approval number for a firearm purchased by an officer within the last four years, or a unique approval number provided by the State Police within the last four years.  A sheriff shall request a criminal history record, juvenile delinquency record and mental health check of the officer from the State Police.  (Unanimous Amendment Vote)

Reported from Committee as Amended

Senate Bill 595, PN 615 (Senator Waugh)   The legislation authorizes non-profit corporations to appoint minors, who are at least sixteen years of age, to their board of directors if provided in the articles of incorporation of the non-profit corporation.  However, the number of persons so appointed may not exceed one-half of the total number of persons required for a quorum to conduct official business. A03049 (Greenleaf) Adds that a sixteen or seventeen year old that is a voting member cannot serve as an officer of the board. (Unanimous Amendment Vote) Committee Vote: 21-1

Senate Judiciary Committee 9/20/05

The Senate Judiciary Committee met on Tuesday, September 20, 2005,  and took action as follows:

Reported Out as Committed (unanimously)

Senate Bill 775, PN 954 (Greenleaf)    The legislation amends the Interstate Compact for the Supervision of Adult Offenders Act by establishing the Interstate Compact for the Supervision of Adult Offenders Fund as a restricted receipts account in the state treasury.
Vote:  14-0

Senate Resolution 160, PN 1112 (Greenleaf)  The resolution directs the Joint State Government Commission to establish a legislative task force and advisory committee to study ADR/mediation services in the Commonwealth and to issue a report on those services including ways to improve them.  Vote: 14-0

House Bill 761, PN 1992 (Fairchild)   The legislation amends the Crimes Code to address the use of electronic devices to record or depict the intimate parts of another person, without their knowledge, where they would have a reasonable expectation of privacy for the purpose of obtaining of sexual gratification.  Vote:  14-0

House Bill 1435, PN 2109 (Gergely)  The legislation provides that a person who engages in computer assisted remote harvesting of an animal located in Pennsylvania, or provides or operates a facility for another person to engage in computer assisted remote harvesting of an animal located in Pennsylvania, commits a misdemeanor of the third degree. 
Vote: 14-0

As Amended

Senate Bill 629, PN 700 (Tartaglione)  The legislation amends section 2702 of the Crimes Code to add any employee of a city, borough, incorporated town or township to the list of officers and employees under the aggravated assault statute.  Vote:  12-2

A02898 – Adds mass transit employee and a definition of such employee

Amendment Vote:  12-2

Senate Resolution 158, PN 1086 (Browne)   The resolution directs the Joint State Government Commission to establish a legislative task force and advisory committee to study the delivery of criminal defense services for the indigent in the Commonwealth of Pennsylvania.  Vote:  14-0  (Technical Amendment)

Senate Judiciary Committee 6/28/05

The Senate Judiciary Committee met on Tuesday, June 28, 2005  and took action as follows:

Reported Out as Committed (unanimously)

SB 665 pn 973 (Pileggi)  The bill amends the Probate, Estates and Fiduciaries Code, Title 20, to add redevelopment authorities to the list of persons who may seek letters of administration.

HB 86 pn 1945 (Steil)   The bill authorizes the Department of Conservation and Natural Resources to agree to hold and save the United States Army Corp of Engineers free from certain damages arising from certain construction projects.

HB 746 pn 2136 (O’Brien)  The legislation would amend the Crimes Code relating to luring a child into a motor vehicle to also prohibit luring a child into a structure.  “Structure” is defined as a house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, house car, trailer, trailer coach, camper, mine, floating home or other enclosed structure capable of holding a child.

HB 1717 pn 2174 (True)  The legislation amends 23 Pa.C.S. Chpt. 61 to provide that in entering a temporary order after an ex parte proceeding, the court may order the defendant to relinquish to the sheriff any firearms or other weapons if the petition demonstrates abuse involving a firearm or other weapon, previous violations of PFA orders, past or present abuse to the plaintiff or minor children, abuse occurring in public, or violent abuse.

Nominees (unanimous)

• James DiFrancesco, Esq.
  Court of Common Pleas; Cambria County

• Joseph Moschetta, Esq.
  Court of Common Pleas; Washington County

• Leon Tucker, Esq.
  Court of Common Pleas; Philadelphia County

• Benjamin Martinez
  Catherine McVey; Board of Probation and Parole

Senate Judiciary Committee 5/14/05

The Senate Judiciary Committee met on Tuesday, June 14, 2005  and took action as follows:

Reported Out as Committed

Senate Bill 660 pn 754 (Greenleaf)  The bill amends the Probate, Estates and Fiduciaries Code to codify the Uniform Trust Code.

House Bill 399 pn 610 (Buxton)  The legislation provides for the filing of prior surnames for individuals who are parties to a divorce action or where a divorce decree has been entered.

House Resolution 243  pn 1708 (Crahalla)  The resolution memorializes Congress to remove the budgetary cap on the Federal Crime Victims Fund (created by the Crime Victims Act of 1984) and release all monies appropriated to the fund for distribution under federal grants and victim assistance.

Reported Out as Amended

House Bill 127 pn  130 (Sather)  The legislation creates a freestanding act providing foster parents the right to interview in adoption proceedings.  This bill would require county agencies to interview a child’s foster parents as prospective adoptive parents, if that child has lived with the foster parents for a period of at least six months and the child’s goal has been changed from placement in foster care to adoption.

Judicial Nomination

Arthur L. Zulick, Esq.,
Judge, Court of Common Pleas
Monroe County

Senate Judiciary Committee 5/10/05 

The Senate Judiciary Committee met on Tuesday, May 10, 2005,  and took action as follows:

Reported Out as Committed (unanimously)

SB 439 pn 462 (Orie)   The bill is the Sexual Assault Testing and Evidence Collection Act that directs the Department of Health to administer a statewide sexual assault evidence collection program.

SB 628 pn 693 (Greenleaf) This bill amends Title 18 (Crimes and Offences) and Title 20 of the Pennsylvania Consolidated Statutes, (Decedents, Estates, and Fiduciaries Code), by amending provisions relating to advanced directives for health care (living wills) and adding provisions creating comprehensive health care powers of attorney.

Reported Out as Amended (unanimously)

SB 332 pn 388 (Vance)  The bill amends the Adoption Act to streamline the procedure for registering foreign adoptions in Pennsylvania.  A01112 (technical) - Unanimous

SB 584 pn 608 (Boscola)  The bill adds a section to the Crimes Code making it an offense to disarm a law enforcement officer or a corrections officer or to deprive such an officer of a weapon. Oral Amendment (MJ White) Removed  second degree felony language - Unanimous

SB 669 pn 780 (Costa)  The legislation directs the Court Administrator and the Department of Labor and Industry to establish a program for identifying certified and otherwise qualified interpreters for persons with limited English proficiency and persons who are deaf.  A01139 (technical) - Unanimous

Reported Out as Amended

SB 509 pn 542 (Waugh)  The bill amends the Probate, Estates and Fiduciaries Code to give state and local government claims a priority when the assets of an estate are insufficient to pay all of the debts of the estate.    Vote:  9-5  

A01102 (technical) - Unanimous

Senate Judiciary Committee 4/12/05 

The Senate Judiciary Committee met on Tuesday, April 12, 2005,  and took action as follows:

Reported Out as Committed (unanimously)

Senate Bill 393 pn 400 (Greenleaf) The bill amends the Associations Code to complete the codification of the Nonprofit Corporation Law.

Reported Out as Amended (unanimously)

Senate Bill 386 pn 390  (Costa)  The legislation amends the Crimes Code to clarify the definition of burglary. A00708 (Costa) Technical and for clarification – unanimously approved.

Senate Bill 392 pn 399 (Greenleaf)  The legislation amends Title 15 (Corporations and Unincorporated Associations) by making a few basic revisions to the laws related to Limited Liability Partnerships and Limited Liability Companies. A00275 (Greenleaf) Adds a definition of “officially publish” regarding public notice – unanimously approved.

Senate Judiciary Committee 3/15/05 

The Senate Judiciary Committee met on Tuesday, March 15, 2005,  and took action as follows:

Reported Out as Committed (unanimously)

Senate Bill 74, pn 64 (Greenleaf)  This legislation rewrites Chapter 53 of the Domestic Relations Code, relating to child custody.  The legislation provides the court with a variety of options: sole legal custody, shared legal custody, sole physical custody, shared physical custody, primary physical custody, partial physical custody, visitation and supervised visitation. Vote:  11-0

Senate Bill 248, pn 240 (Gordner)  The legislation amends Act 69 of 1967 by extending the application of the act from 1997 to 2005.  The original act, which is reauthorized periodically, validates conveyances and other instruments that have acknowledgements containing technical errors.  Vote:  12-0

Senate Bill 256, pn 260 (Armstrong)  The legislation amends Pennsylvania's "Son of Sam Law" which prohibits a person from profiting from the commission of a crime.  Vote:  12-0

Reported Out as Amended (unanimously)

Senate Bill 178, pn 188 (Corman)  The legislation  amends the Crimes Victims Act to include identity theft within the definition of “personal injury crime” so that the victim has the right to certain victim services and notices. A00120 (Greenleaf)  Makes the bill an amendment to the Crimes Victims Act (unanimous vote)  Vote:  12-0

Senate Bill 196, pn 185 (Rafferty)  The legislation proposes a free-standing act that provides physicians licensed to practice in the commonwealth and health care facilities that operate in the commonwealth with limited immunity from administrative and civil prosecution when reporting illicit use of a controlled substance or attempt to obtain a controlled substance for an illicit purpose by a patient to any federal, state or local law enforcement agency.  A00147 (Greenleaf) Technical amendment.  Vote:  12-0

Senate Judiciary Committee 2/8/05

The Senate Judiciary Committee met on Tuesday, February 8, 2005  and took action as follows:

Reported Out as Committed (unanimously)

Senate Bill 18, pn 11 (Tomlinson)  The bill amends the Crimes Code by adding gaming offenses to the definition of “racketeering activity” for the purposes of investigating corrupt organizations. Vote:  12-0

Senate Bill 69, pn 78 (Vance)  The bill amends the Judicial Code to add a section providing employers with civil immunity for the disclosure of information about former or current employees.  Vote:  12-0

Senate Bill 124, pn 107 (Greenleaf)  The bill provides for applicability of certain provisions relating to equitable division of marital property in divorce actions.  Vote:  11-0

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).

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