SENATE DEMOCRATIC WRAP-UP FOR THE WEEK OF
March 16, 2009

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            The Senate unanimously approved legislation that would protect consumers from mortgage fraud.

            Senate Bill 170 would protect consumers with mortgages by prohibiting their mortgage broker from being the only recipient of notices sent from the lender. This would prohibit brokers from withholding information about their clients’ mortgages.

            The bill now moves to the House for consideration.

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            The Senate unanimously approved legislation that would further protect employees of financial institutions who report a violation or illegal activity.

            Under Senate Bill 171, a financial institution is prohibited from taking action against an employee who participates in an investigation or reports illegal activity.

            The bill now moves to the House for consideration.

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            The Senate unanimously approved legislation relating to local authorities committing orphan children to institutions in the City of Philadelphia that no longer exist.

            Senate Bill 391 would repeal Act 513 of 1862, which originally authorized any judge, mayor, alderman or justice of the peace of the City of Philadelphia to commit orphaned, abandoned destitute or vagrant children to two institutions: the St. John’s Orphan Asylum or the St. Vincent’s Home within the city’s jurisdiction.

            Although technically the act still exists, other Pennsylvania laws have superseded its authority. Mayors, aldermen and magisterial district judges (formerly justices of peace) do not have the authority to place children.  Judges may exercise that authority in accordance with the Juvenile Act and/or the Adoption Act. 

            In addition, the St. John’s Orphan Asylum has since ceased to exist and the St. Vincent’s Home no longer serves the purpose for which it was established and served at the time of the acts passage.

            The bill now moves to the House for consideration.

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            The Senate unanimously approved legislation that would amend the Domestic Relations Code to increase the monetary limits of parental liability for abusing their children.

Under state law, parents are liable if they are found guilty of committing torturous acts on their children. Senate Bill 434 would increase the liability limits as follows:

·         For injuries suffered by any one person as a result of one abusive act or continuous series of acts — $2,000 (up from $1,000).

·         For injuries suffered by more than one person as a result of one abusive act or continuous series of acts — $4,000 (up from $2,500).

·         In proceedings where the actual loss exceeds the amounts stated, parents are discharged from liability by filing $4,000 with the court.  All costs and fees are paid from the amount paid into the court capped at $4,000.

The bill now moves to the House for consideration.

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            The Senate unanimously approved legislation that would clarify the definition of burglary.

            Senate Bill 436 would amend the Crimes Code to specify the sentencing guidelines during a burglary depending on whether a person is in a structure that is adapted for overnight accommodations during the crime. In instances where a person is present in a structure, the crime would be increased to a first degree felony.

            By adopting this language as the statutory language for “burglary” in the Crimes Code, the legislature could embrace language that has already been approved and implemented for sentencing purposes.

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