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Legislative Report for August 14, 2017

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September 12 is deadline to comment on proposed Recommendation 112 on public access.

Click for report.

September 29 is deadline to comment on proposed Recommendation 139 on captioning.

Click for report.

October 12 is deadline to comment on Publication Report on competency to be executed.

Click for report.

The items below are from Crisci Associates PA Capitol Digest

Session Schedule

Senate

In recess to the call of the President Pro Tempore

September 18, 19, 20

October 16, 17, 18, 23, 24, 25

November 13, 14, 15

December 11, 12, 13, 18, 19, 20

House

6-hour call of the House Speaker

September 11, 12, 13, 25, 26, 27

October 2, 3, 4, 16, 17, 18, 23, 24, 25

November 13, 14, 15, 20, 21, 22,

December 4, 5, 6, 11, 12, 13, 18, 19, 20

Public Hearing

September 19– Senate Law and Justice Committee hearing on LCB enforcement of Stop and Go’s in Philadelphia and legal gambling devices. Hearing Room 1, North Office Building. 11:00.

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Woodstock, August 15-17, 1969

Legislative Report for August 7, 2017

 

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Order Amending Criminal Rule 205 and Revising the Comment to Criminal Rule 209, concerning content of search warrants as to seizure of electronic information and media.

Click for Order

Click for Text of Changes

Click for Final Report

September 12 is deadline to comment on proposed adoption of Appellate Rule 127 governing the certification and filing of confidential information and confidential documents, and corollary amendments throughout the Pennsylvania Rules of Appellate Procedure. 

Click for Notice of Proposed Rule Making.

October 12 is deadline to comment on proposed overhaul of Criminal and Appellate Rules on death penalty cases, including competency to be executed.

Click for Notice of Proposed Rule Making.

September 12 is deadline to comment on proposed changes to Evidence Rules 901 and 902 concerning authentication.

Click for Notice of Proposed Rule Making.

September 14 is deadline to comment on proposed changes to Criminal Rule 462 concerning summary appeal remand.

Click for Notice of Proposed Rule Making.

September 14 is deadline to comment on proposed changes to Criminal Rules 229 and 230 concerning disclosure of investigating grand jury testimony.

Click for Notice of Proposed Rule Making.

September 15 is deadline to comment on proposed changes to Criminal Rules 602 and 150 providing for relief from trials in absentia

Click for Notice of Proposed Rule Making

General Assembly Session Schedule

Senate

In recess to the call of the President Pro Tempore

September 18, 19, 20

October 16, 17, 18, 23, 24, 25

November 13, 14, 15

December 11, 12, 13, 18, 19, 20

House

6-hour call of the House Speaker

September 11, 12, 13, 25, 26, 27

October 2, 3, 4, 16, 17, 18, 23, 24, 25

November 13, 14, 15, 20, 21, 22

December 4, 5, 6, 11, 12, 13, 18, 19, 20

(Session Schedule from Crisci Associates PA Capitol Digest)

 

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Missouri Statehood, August 10, 1821

Legislative Report for July 31, 2017

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Session schedule

Senate

In recess to the call of the President Pro Tempore

September 18, 19, 20

October 16, 17, 18, 23, 24, 25

November 13, 14, 15

December 11, 12, 13, 18, 19, 20

House

6-hour call of the House Speaker

September 11, 12, 13, 25, 26, 27

October 2, 3, 4, 16, 17, 18, 23, 24, 25

November 13, 14, 15, 20, 21, 22,

December 4, 5, 6, 11, 12, 13, 18, 19, 20

(Source:  Crisci Associates PA Capitol Digest)

Philadelphia offers to reform use of forfeiture funds, but critics say that’s not enough.   Click for full report from newsworks.org.

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Colorado statehood, August 1, 1876

Legislative Report for July 24, 2017

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PA Supreme Court forms task force to review operations of investigating grand juries and recommend updates

Click for news release.

September 14 is deadline to comment to proposed changes to Criminal Rules

Click for text and reports

Rule 462 Summary Appeal Remand
 

Rules 229 and 230 Disclosure of Investigating Grand Jury Testimony

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New York statehood, July 26, 1788

PA Budget stalemate continues

On Saturday, House Republicans failed to get an agreement on a revenue package to fill the $2.2 billion deficit and support the $31.996 billion budget passed June 30, according to House Speaker Mike Turzai (R-Allegheny), and decided to go home.  The Senate is on six-hour call.–Crisci Associates PA Capitol Digest.

On the Governor’s Desk

Driver Chemical Testing: Senate Bill 553 (Rafferty-R- Montgomery) further providing for drivers license loss due to substance abuse.  A House Fiscal Note and summary.  The bill was signed into law as Act 30.

Attorney General Shapiro pushes for continued Title IX protections

State attorneys general are urging Secretary of Education Betsy DeVos to preserve protections for survivors of sexual assault on college campuses.

Pennsylvania State Attorney General Josh Shapiro submitted a letter to DeVos signed by 19 other state attorneys general, all Democrats, on Wednesday.

“We’re calling on Secretary DeVos to listen to law enforcement and trust survivors of sexual assault by keeping these protections in place and putting student safety first,” Shapiro said in a statement .

Click for full report from Tribune Review.

PA Supreme Court rejects retroactive application of SORNA

Click for report from The Morning Call.

Click for Opinions in Commonwealth v. Muniz

Opinion announcing Judgment of the Court 

Concurring Opinion 

Dissenting Opinion 

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Legislative Report for July 17, 2017

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Budget update:  Senate to return to session on Monday.

At midnight last Monday, Gov. Tom Wolf allowed the $31.996 billion General Fund budget bill– House Bill 218(Saylor-R-York)–  to become law without his signature.   It’s the third General Fund budget bill in a row he didn’t sign.

A day later, the House and Senate left town after failing to agree on a revenue package to support the budget that is now law.

House Majority Leader David Reed (R-Indiana) said Tuesday the House would not return to Harrisburg unless there was an agreement on the revenue package.

The Senate Friday announced it would return to voting session on Monday, July 17 and Senate Majority Leader Jake Corman (R-Centre) told members to be prepared to stay in session for three days.—Crisci Associates PA Capitol Digest

The House is on a six hour call.—Crisci Associates PA Capitol Digest.                                                                                                                             

Bills Moving

House

Administrative Code: Senate Bill 446 (McGarrigle-R- Delaware) amends the Administrative Code to adopt standards for recovery houses was amended significantly and reported out of the House Appropriations Committee, was amended on the House Floor and remains on the House Calendar for action.  The Bill also provides–

Makeup Of PA Commission On Crime And Delinquency:  Section 310. Changing the makeup of the Board. (page 14)

State Police Fees: Section 616-A: Increase fees for Criminal History Record checks by State Police service.(page 53)

— Attorney General Administrative Account: Section 922.1 related to the collection of administrative account fees by the Office of Attorney General. (page 54)

— Notice of Correctional institution Closure:  Section 915-B. (page 54)

Senior Judge Grants: Section 2801-E: Providing for Senior Judge Operational Support Grants. (page 65)

A House Fiscal Note and summary is available.

Senate

Driver Chemical Testing: Senate Bill 553 (Rafferty-R- Montgomery) further providing for drivers license loss due to substance abuse was concurred in by the Senate and now goes to the Governor for his action.  AHouse Fiscal Note and summary.

Forfeiture Of Bail: House Bill 280 (Delozier-R-Cumberland) provides for forfeiture and allocation of bail monies (House Fiscal Note and summary) was amended on the Floor and remains on the Senate Calendar for action.

Restitution To Crime Victims: House Bill 285 (Stephens-R- Montgomery) further providing for restitution by criminals to victims was amended on the Floor and remains on the Senate Calendar for action.

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Wrong-Way Corrigan, July 17, 1938

Legislative Report for July 10, 2017

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General Assembly back in session

The House returned to voting session Friday and the Senate plans to start a 4 day session run on Saturday to do the hard part of state budgeting– paying for the $31.996 billion General Fund budget the passed on June 30 and overcoming a $2.2 billion budget without raising broad-based taxes.

Drew Crompton, chief of staff for Senate President Pro-Tempore Joe Scarnati (R-Jefferson), said Thursday in a Tweet– “If age 50 is the new 40, then July 10th is the new June 30th” — in legislative time of course.

Lawmakers and Gov. Wolf are working against a midnight July 10 deadline to take final action on the last pieces of the budget, but as always, deadlines don’t mean that much in Harrisburg.

At midnight Monday, the Commonwealth ceases to have the ability to spend money unless the General Fund budget bill– House Bill 218 (Saylor-R-York)–  is signed into law by Gov. Wolf or allowed to become law without his signature as the last two budgets have.

In play to be amended to implement the final budget agreement are the Code bills: Fiscal Code and Administrative Code– bills where anything and everything has been added in the past; Tax Code, Education and Human Resources Codes and gaming and liquor bills as needed.

Bills Moving

House

[ From House Friday/Saturday session ]

Driver Chemical Testing: Senate Bill 553 (Rafferty-R- Montgomery) further providing for drivers license loss due to substance abuse was referred into and out of the House Appropriations Committee and passed by the House with amendments.   A House Fiscal Note and summary is available.  The bill returns to the Senate for a concurrence vote.

Providing For Access To Drug Information: House Bill 1532 (Phillips-Hill-R- York) authorizing Medicaid Managed Care Organizations access to information in the Prescription Drug Monitoring Program to help deal with the opioid crisis was reported out of the House Appropriations Committee and passed by the House.  A House Fiscal Note and summary is available.  The bill now goes to the Senate for action.

Hot Vehicle Child: House Bill 1152 (Boback-R-Lackawanna) provides civil immunity to individuals forcing their way into a hot car to rescue a child was reported out of the House Appropriations Committee and passed by the House.  A House Fiscal Note and summary is available.  The bill now goes to the Senate for action.

Hot Vehicle Animal: House Bill 1216 (Farry-R-Bucks) prohibit the confinement of a dog or cat in an unattended motor vehicle during hot weather was reported out of the House Appropriations Committee and was passed by the House. A House Fiscal Note and summary is available. The bill now goes to the Senate for action.

Lobbyist Disclosure Penalties: House Bill 1175 (Cutler-R-Lancaster) further providing for lobbyist disclosure penalties was reported out of the House Appropriations Committee and was passed by the House.  A House Fiscal Note and summary is available.  The bill now goes to the Senate for action.

Drone Aircraft: House Bill 1346 (Pyle-R-Armstrong) providing for the unlawful use of drone aircraft for surveillance in a private place was reported out of the House Appropriations Committee and passed by the House.  A House Fiscal Note and summary is available.  The bill now goes to the Senate for action.

Child Protection Phone Line: House Bill 1232 (Murt-R-Adams) providing for a statewide toll-free telephone line for child protective services was reported from the House Appropriations Committee and passed by the House.  A House Fiscal Note and summary is available.  The bill now goes to the Senate for action.

Recovery Houses: Senate Bill 446 (McGarrigle-R- Delaware) amends the Administrative Code to adopt standards for recovery houses was considered and House voted 111 to 79 to revert to the prior printer’s number, amended on the House Floor and referred to the House Appropriations Committee.

Ban The Box: House Resolution 296 (Murt-R-Montgomery) adopting a ban the box policy on providing state employment application information on criminal records (sponsor summary) was referred to the House State Government Committee.

Senate

[ From Saturday Senate session ]

Restitution Collection: House Bill 234 (Costa-D-Allegheny) further providing for the collection of restitution (House Fiscal Note and summary) was referred into and out of the Senate Appropriations Committee and is now on the Senate Calendar for action.

Restitution Wage Attachments: House Bill 236 (Corbin-R-Chester) restitution wage attachments (House Fiscal Note and summary) was referred into and out of the Senate Appropriations Committee and is now on the Senate Calendar for action.

Restitution: House Bill 285 (Stephens-R- Montgomery) further providing for restitution by criminals to victims was referred into and out of the Senate Appropriations Committee and is now on the Senate Calendar for action.

Sexual Offenders: House Bill 631 (Marsico-R-Dauphin) probation tail for sex offenders was referred into and out of the Senate Appropriations Committee and is now on the Senate Calendar for action.

DNA Testing: House Bill 1523 (Marsico-R-Dauphin) further providing for DNA testing was referred into and out of the Senate Appropriations Committee and is now on the Senate Calendar for action.

Epinephrine Injectors: House Bill 126 (Baker-R-Tioga) expanding the authorized users of epinephrine auto-injectors was Tabled.

Megan’s Law Violators: House Bill 508 (Cox-R-Berks) preventing Megan’s Law violators from receiving welfare benefits (Senate Fiscal Note and summary) was referred back to the Senate Appropriations Committee.

On the Governor’s Desk

Body Cameras: Senate Bill 560 (Greenleaf-R- Montgomery) use of police body cameras on concurrence (House Fiscal Note and summary).  The bill was signed into law as Act 22.

Information above from Crisci Associations PA Capitol Digest

July 31 is deadline for applications for Supreme Court Committees

Criminal Procedural Rules Committee more information
Committee on Rules of Evidence more information

 

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Wyoming Statehood, July 10, 1890

 

Legislative Report for July 3, 2017

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Administrative Governing Board approves higher counsel fees.

Click for Order  AGB approved COUNSEL FEE ORDER

The information below is from Crisci Associates PA Capitol Digest

General Assembly passes State budget and sends it to Governor 

The Senate, House and Governor Wolf reached a bipartisan agreement Thursday on a $31.996 billion General Fund budget– House Bill 218 (Saylor-R-York)– which the Senate (43-7) and House (173-27) passed Friday and sent to the Governor.

The budget includes more money for schools, pension obligations and services, but demands across-the-board cuts state government agencies and in Medicaid.

The General Assembly also agreed to combine the departments of Human Services and Health, but it does not include the departments of Aging and Drug and Alcohol Programs.     They will also combine the Department of Corrections and the Office of Probation and Parole.

But, the spending plan has a $2 billion hole to fill and there is no agreement on how to fill it.  The revenue plan will have to wait until after July 4.  The Senate is likely to come back to session July 5 and House July 6, but both chambers adjourned to the call of the chair.

Governor signs Civil Asset Forfeiture Reform Bill

Governor Tom Wolf Thursday signed Senate Bill 8 (Folmer-R-Lebanon) into law as Act 13 of 2017. The bipartisan bill reforms asset forfeitures, which are civil proceedings against property that allow law enforcement to take possession of property of certain persons suspected of crime.

The new law creates significant changes to civil asset forfeiture in Pennsylvania in several key areas, including:

— Higher burdens of proof imposed on the Commonwealth;

— Protection for third-party owners by placing an additional burden of proof on the Commonwealth;

— Improved transparency in auditing and reporting;

— Specific and additional protection in real property cases by prohibiting the pre-forfeiture seizure of real property without a hearing, and;

— An extra level of protection for anyone acquitted of a related crime who is seeking the return of their property.

A Senate Fiscal Note and summary is available.

Senate approves Clean Slate bill to seal criminal records for minor offenses

The Senate Wednesday unanimously approved bipartisan legislation– Senate Bill 529— sponsored by Senator Scott Wagner (R-York) and Senator Anthony Williams (D-Philadelphia) to provide for automatic sealing of criminal records for minor offenses.

Senate Bill 529 would allow for the automatic sealing of low level, non-violent criminal offenses, eliminating the need for individuals to petition the court. This “clean slate” measure and a companion bill– House Bill 1419 (Delozier-R-Cumberland)– are the first of their kind in the nation.

Under the legislation, misdemeanors would be sealed after 10 years of the individual being crime-free and as long as court obligations have been met. Non-convictions would be sealed after 60 days and fulfillment of court obligations.

It also exempts individuals with a sealed record from having to disclose criminal history records. This is often a huge hurdle for individuals attempting to obtain a job or housing.

The bills applies only to non-violent misdemeanors. Offenses that do NOT qualify under Clean Slate include–

— Offenses involving danger to the person;

— Offenses against the family;

— Offenses relating to firearms and other dangerous articles;

— Offenses relating to registration of sexual offenders;

— A violation relating to indecent exposure;

— A violation relating to failure to comply with registration requirements;

— A violation relating to weapons or implements for escape;

— A violation relating to cruelty to animals; and

— A violation relating to corruption of minors.

Senate Bill 529 now goes to the House of Representatives for consideration.

Bills moving

House

School Drug Curriculum Update: House Bill 121 (Kaufer-R- Luzerne) updating school curricula on opioid and drug abuse was reported out of the House Appropriations Committee and was passed by the House.  A House Fiscal Noteand summary.  The bill now goes to the Senate for action.

Providing For Further Access To Drug Information: House Bill 1532 (Phillips-Hill-R- York) authorizing Medicaid Managed Care Organizations access to information in the Prescription Drug Monitoring Program to help deal with the opioid crisis (sponsor summary) was reported out of the House Health Committee, referred into and out of the House Rules Committee, amended on the House Floor and referred to the House Appropriations Committee.

Child Protection Hotline: House Bill 1232 (Murt-R-Adams) providing for a statewide toll-free telephone line for child protective services was reported out of the House Rules Committee, amended on the House Floor and referred to the House Appropriations Committee.

Driver Substance Abuse: Senate Bill 553 (Rafferty-R-Montgomery) further providing for drivers license loss due to substance abuse was amended and reported out of the House Transportation Committee and is now on the House Calendar for action.

Senate

Body Cameras: Senate Bill 560 (Greenleaf-R- Montgomery) use of police body cameras on concurrence (House Fiscal Note and summary) was concurred in by the Senate and now goes to the Governor for his action.

Criminal Record Expungement: Senate Bill 529 (Wagner-R-York) further providing for the expungement of criminal offenses was passed by the Senate.  A Senate Fiscal Note and summary is available.  The bill now goes to the House for action.

Drug Delivery Penalties: Senate Bill 662 ( Bartolotta-R-Washington) further providing penalties for injuries during drug delivery was amended on the Senate Floor and was passed by the Senate.  The bill now goes to the House for action.

DNA Testing: Senate Bill 461 (Killion-R-Delaware) expanding DNA testing was amended on the Senate Floor and was passed by the Senate.  The bill now goes to the House for action.

Sex Offender Probation: House Bill 631 (Marsico-R-Dauphin) probation tail for sex offenders was reported from the Senate Judiciary Committee and is now on the Senate Calendar for action.

Bail Money Forfeiture: House Bill 280 (Delozier-R-Cumberland) provides for forfeiture and allocation of bail monies (House Fiscal Note and summary) was reported from the Senate Judiciary Committee and is now on the Senate Calendar for action.

Collection Of Restitution: House Bill 234 (Costa-D-Allegheny) further providing for the collection of restitution (House Fiscal Note and summary) was reported from the Senate Judiciary Committee and is now on the Senate Calendar for action.

Criminal Restitution: House Bill 285 (Stephens-R-Montgomery) further providing for restitution by criminals to victims was amended and reported from the Senate Judiciary Committee and is now on the Senate Calendar for action.

On the Governor’s desk

Body Cameras: Senate Bill 560 (Greenleaf-R- Montgomery) use of police body cameras on concurrence (House Fiscal Note and summary).

Stolen Valor: House Bill 168 (Saccone-R-Allegheny) Stolen Military Valor Act (House Fiscal Note and summary).  The bill was signed into law as Act 9.

Animal Abuse: House Bill 1238 (Stephens-R-Montgomery) Animal Abuse Statute overhaul (House Fiscal Note and summary).  The bill was signed into law as Act 10.

Child Endangerment: House Bill 217 (Kauffman-R-Franklin) further providing penalties for child endangerment (House Fiscal Note and summary).  The bill was signed into law as Act 12.

Civil Asset Forfeiture: Senate Bill 8 (Folmer-R-Lebanon) civil asset forfeiture reform (Senate Fiscal Note and summary).  The bill was signed into law as Act 13.

Session schedule

The Senate may meet on July 5 and the House may meet on July 6.

 
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