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Senate of Pennsylvania
SENATE DEMOCRATIC WRAP-UP FOR
THE WEEK OF |
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The Senate passed Senate Bill 751 by a vote of 45-3. This bill would prohibit the imposition of the death penalty on mentally retarded persons. This bill would apply to all future capital cases, as well as those persons currently sentenced to death. Defendants who had been convicted and sentenced but have post-trial motions or direct appeals pending would be able to file a motion with the court alleging reasonable cause to believe that the defendant is mentally retarded. The bill would require that the defendant establish mental retardation by a preponderance of the evidence, the burden of proof assigned to all mitigating circumstances and most affirmative defenses in criminal justice cases. In a first-degree murder prosecution, the issue of mental retardation must be submitted to the court in a pre-trial motion filed 90 days prior to the date of trial alleging that there is reasonable cause to believe that the defendant is mentally retarded. The bill would also require that the jury not be informed of the court’s pre-trial determination. The bill is now in the House.
* * * By a 44-2 vote, the Senate approved legislation that would extend the Medical Care Availability and Reduction of Error (MCARE) abatement through Dec. 31, 2008. The current MCARE Act expires Dec. 31, 2007. Senate Bill 1137 would require the State Insurance Commissioner to perform an annual study to determine whether there is the capacity in the market to increase the amount of private insurance required as part of MCARE. Currently this study occurs every other year. The bill now moves to the House for consideration.
* * * By a vote of 46-0, the Senate passed House Bill 191. This bill would make anyone who is 17 years of age or older eligible to donate blood without the permission of a parent or guardian. It would also allow anyone 16-years-old, but not yet 17-years-old, to donate blood with the written consent of a their parent or guardian. The bill is now on the governor’s desk.
* * * The Senate unanimously passed Senate Bill 1100, which would provide funding for the Hazardous Sites Cleanup Fund. The bill would require, in fiscal years beginning after June 30, 2008, that the State Treasurer transfer $40 million of the revenues from the Capital Stock and Franchise Tax to the Hazardous Sites Cleanup Fund. The bill would also require the transfer of all money left in General Assembly accounts unspent in years prior to 2004 and 8.5 percent of the legislative money in years from 2004-2006/07. There is currently $17 million in unencumbered legislative account money that would be transferred. The bill would also require the Auditor General to conduct an audit of the Hazardous Sites Cleanup Fund each year. The bill is now in the House. * * * The Senate passed Senate Bill 1068 by a vote of 46-0. This measure would require the deposit of any funds collected from civil penalties assessed as a result of violations of the Hazardous Sites Cleanup Act into the Hazardous Sites Cleanup Fund. The bill now moves to the House for approval.
* * * By a vote of 46-0, the Senate approved Senate Bill 1069, which would require that beginning July 1, 2008 the Department of Conservation and Natural Resources, the Department of Education, the Pennsylvania Historical and Museum Commission, and the State System of Higher Education, each submit an annual report to the Governor and the General Assembly. The bill would require that this report be submitted every July 1. The annual report would contain information on grants awarded from the Keystone Recreation, Park and Conservation Fund, a description of projects that received grant funding, and anticipated project completion dates. The bill is now in the House.
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