SENATE DEMOCRATIC WRAP-UP FOR THE WEEK OF
March 9, 2009

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            The Senate approved legislation that would expand on and increase the offenses of weapons or implements of escape and dangerous materials in correctional institutions, youth development centers and mental hospitals.

            Senate Bill 73 would increase the penalty to a second degree felony for delivering a confined person a weapon, an implement for escape, a dangerous material or other item that may be used for escape to a second degree felony. The bill would also increase the penalty for a confined person who is found to possess a weapon, an implement of escape, a dangerous material or other item that may be used for escape.

            The bill would also increase the penalty to a second degree felony for delivering a controlled substance to a confined person or employee of a facility without a written permit signed by the physician of the facility.  The bill would also increase the penalty to a first degree misdemeanor for delivering money to an inmate committed to a correctional institution.

            The bill now moves to the House for consideration.

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            The Senate unanimously approved legislation that would amend the state’s Crimes Code to define and grade the offense of operating a methamphetamine laboratory.

            Under Senate Bill 124, a person commits the offense of operating a methamphetamine lab if the person knowingly manufactures methamphetamine or a precursor substance used to make methamphetamine. This offense would be a second degree felony. 

            The offense would be a first degree felony if the chemical reaction in the lab occurs within 1,000 feet of a public, private or parochial school, a college or university or a nursery school or day care center, or within 250 feet of a recreation center or playground.

            The bill now moves to the House for consideration.

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             The Senate unanimously approved legislation that would amend the Controlled Substance, Drug, Device and Cosmetic Act to involve the possession of materials that are used to manufacture methamphetamine.     

            Senate Bill 125 makes the possession of the substances used to manufacture methamphetamine a specific violation of the Controlled Substance, Drug, Device and Cosmetic Act. The violation would be misdemeanor.  

            The bill would also presume that a person who has in his possession more than 40 grams or 15 packages of any drug containing the materials to make methamphetamine acted with the intent to manufacture it.

            This legislation does not apply to a licensed pharmaceutical manufacturer, pharmacist or health care professional who lawfully handles the materials to make methamphetamine.

            The bill now moves to the House for consideration.

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            The Senate unanimously approved legislation that would amend the Controlled Substance, Drug, Device and Cosmetic Act to provide for environmental costs associated with methamphetamine production.

            Under Senate Bill 126, a person who is convicted of an offense involving the operation of a methamphetamine laboratory or the use of a substance used to manufacture methamphetamine would be ordered to reimburse the appropriate law enforcement agency, emergency medical services organization, fire company or other organization for the costs of cleaning up the environmental hazards associated with the operation of the lab or the use of the substance used to make methamphetamine.

            The bill now moves to the House for consideration.

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            The Senate unanimously approved legislation that would amend the Controlled Substance, Drug, Device and Cosmetic Act to provide for an offense related to the storage and illegal dumping of methamphetamine waste.

            Senate Bill 127 would make it a third degree felony to intentionally deposit, store or dispose of a precursor substance, chemical waste or debris, used in or resulting from the manufacture of methamphetamine or the products used to make methamphetamine.

            This measure would not apply to the lawful disposal of waste products by a licensed pharmaceutical company.

            The bill now moves to the House for consideration.

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            The Senate unanimously approved Senate Bill 139, which would eliminate the elective office of assessor in all boroughs, as well as all provisions regarding the election of an assessor in all boroughs. 

            Any assessor or assistant assessor currently in office would remain in office until the end of their elected term.

            The bill is now in the House.

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            By a unanimous vote, the Senate passed Senate Bill 140, which would eliminate the office of assessor in all First Class Townships as well as all provisions regarding the election of an assessor in all First Class Townships. 

            Any assessor or assistant assessor currently in office would remain in office until the end of term for which they were elected.

            The bill is now in the House.

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            The Senate unanimously passed Senate Bill 141, which would remove the requirement that assessors be elected in municipalities, as well as all provisions regarding election of an assessor in all classes of municipalities in counties of the fourth through the eighth class.

            Any assessor or assistant assessor currently in office would remain in office until the end of term for which they were elected.

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