Meeting to consider SB 1317, SB 1321, SB 1333, HB 103, HB 185, HB 875, HB 1393, HB 1929 and HB 2527

Senate Judiciary Committee

Tuesday, September 20 | 11:30 a.m.

East Wing, Hearing Room 8E-B


Agenda

Meeting to consider SB 1317, SB 1321, SB 1333, HB 103, HB 185, HB 875, HB 1393, HB 1929 and HB 2527

Schedule

I. Call to Order

II. Committee Meeting

Senate Bill 1317 (Browne) – Amends the Pennsylvania Commission on Crime and Delinquency Law by creating the Indigent Defense Advisory Committee and the Indigent Defense Grant Fund.

A05558 (Baker) – Contains a number of technical amendments, makes the ED of the Public Defender Association of Pa a voting member, provides that the representatives of the PDAA, the Office of Victim Advocate and the Chiefs of Police will not participate in discussions of standards and provides that certain information provided to the Committee shall remain confidential.

Senate Bill 1321 (Baker) – Amends sections 302 and 305 of the Tax Reform Code of 1971 to specifically provide that the grantor of a trust who is treated as the owner of the trust pursuant to the Internal Revenue Code of 1986 (generally by electing to either retain or to grant to a trustee certain powers specified in the Internal Revenue Code of 1986), shall be obligated to pay the appropriate Pennsylvania income taxes.

Senate Bill 1333 (Baker) – Amends Section 5511 of Title 20 to require that counsel be appointed to represent an unrepresented alleged incapacitated person and providing for the certification of any guardian that represents three or more incapacitated persons. Amends Section 5512.1 of Title 20 to require certain findings regarding less restrictive alternatives to guardianship. 

House Bill 103 (Schmitt) – Amends Section 2703 of Title 18 to create the offense of harassment of law enforcement officer.

Amendment A05476 (Regan) – Removes references to HIV and hepatitis B from the statute, defines “communicable disease,” makes the grading of the offense against law enforcement the same as the grading of the offense against corrections officers and provides that the offense may be upgraded if the fluid involved contains a communicable disease and that communicable disease is communicable through the method used by the perpetrator to bring the CO or law enforcement in contact with it.

House Bill 185 (Struzzi) – Amends Title 18 to provide that a person is guilty of aggravated assault if he attempts to cause or intentionally causes bodily injury to an individual with a physical or intellectual disability or with autism spectrum disorder.

House Bill 875 (Irvin) – Amends Section 3323 of Title 23 to require an order to accompany a decree of divorce or annulment which must include a provision informing the parties of the effect of the divorce on certain beneficiary designations.

House Bill 1393 (Struzzi) – Amends the definition of drug paraphernalia in Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act to expressly exclude any testing product utilized in determining whether a controlled substance contains chemicals, toxic substances, or hazardous chemicals in quantities which can cause physical harm or death.

House Bill 1929 (Causer) – Amends Section 908 of Title 18 by removing from the definition of offensive weapons certain cutting instruments which feature a blade that can be exposed in an automatic way by a switch, push button or spring mechanism.

House Bill 2527 (Quinn) – Amends Section 13.8 of the Controlled Substance, Drug, Device and Cosmetic Act to replace the term “naloxone” with the generic and defined term “opioid antagonist”.

III. Adjourn

Confirmation Hearing and Voting Meeting to consider HB 146, HB 940, HB 2039, HB 2271, HB 2464, and HB 2525

Senate Judiciary Committee

Tuesday, June 21, 2022 | 11:00 a.m.

East Wing, Hearing Room 8E-B

Agenda

A confirmation hearing to consider one nomination to the Pennsylvania Parole Board, 13 nominations to the Court of Common Pleas, and a voting meeting to consider House Bill 146, House Bill 940, House Bill 2039, House Bill 2271, House Bill 2464 and House Bill 2525. 

Schedule

Call to Order

Pennsylvania Parole Board Confirmation Hearing

  • 11:00 a.m. – Elizabeth Bolton Penna, Esquire, appointee for the Pennsylvania Parole Board. (Senator Langerholc) 

Pennsylvania Court of Common Pleas Confirmation Hearing

  • 11:05 a.m. – Karen Mansfield, Esquire, appointee for the Court of Common Pleas, Lancaster County. (Senator Martin) *Appointee Via Zoom
  • 11:10 a.m. – Shawn Long, Esquire, appointee for the Court of Common Pleas, Lancaster County. (Senator Aument)
  • 11:15 a.m. – Nicole Forzato Esquire, appointee for the Court of Common Pleas, Chester County. (Senator Kearney)
  • 11:20 a.m. – Jill Koestel, Esquire, appointee for the Court of Common Pleas, Berks County.  (Senator Schwank)
  • 11:25 a.m. – IIissa Zimmerman, Esquire, appointee for the Court of Common Pleas, Blair County. (Senator J. Ward)
  • 11:30 a.m. – Brian McLaughlin, Esquire, appointee for the Court of Common Pleas, Philadelphia County. (Senator Dillon)
  • 11:35 a.m. – William Carlucci, Esquire, appointee for the Court of Common Pleas, Lycoming County. (Senator Yaw)
  • 11:40 a.m. – Richard Knecht, Esquire, appointee for the Court of Common Pleas, Columbia and Montour Counties. (Senator Gordner)
  • 11:45 a.m. – Kenneth Joel, Esquire, appointee for the Court of Common Pleas, Philadelphia County. (Senator Saval)
  • 11:50 a.m. – John Padova, Esquire, appointee for the Court of Common Pleas, Philadelphia County. (Senator Saval)
  • 11:55 a.m. – Tamika Washington, Esquire, appointee for the Court of Common Pleas, Philadelphia County. (Senator Haywood)
  • 12:00 p.m. – Andrew Szefi, Esquire, appointee for the Court of Common Pleas, Allegheny County. (Senator Robinson)
  • 12:05 p.m. – Louis Mincarelli, Esquire, appointee for the Court of Common Pleas, Chester County. (Senator Muth)

Voting Meeting

House Bill 146 (Bernstine) – Amends Section 6137 of Title 61 to restrict when the Pennsylvania Parole Board can parole an inmate after the expiration of his or her minimum sentence if the inmate was convicted of a violent offense or an obstruction of justice offense while incarcerated.

House Bill 940 (Rigby) – Amends Title 18 by (i) requiring sentence enhancements for burglary and criminal trespass if a domestic animal is harmed or killed, and (ii) making it illegal for a person to either recklessly harm a police animal or to harm a police animal during the commission of a felony.  Finally, requires the Municipal Police Officers’ Education and Training Commission to establish police officer canine training standards. 

  • Amendment A01892 (Langerholc) – An amendment relating to the care and transportation of police animals.

House Bill 2039 (Pennycuick) – Amends the Crime Victims Act to require that a victim be notified of court proceedings during which a defendant’s bail could be modified and gives the victim the opportunity to offer comment.

House Bill 2271 (Tomlinson) – Amends Title 18 (Crimes Code) to create a sentencing enhancement in sexual extortion cases where the victim attempts or commits suicide.

House Bill 2464 (Delozier) – Amends the Crime Victims Act to grant victims legal standing to assert and enforce rights otherwise afforded to crime victims by law.

House Bill 2525 (Kaufer) – Adds Subchapter F.1 (Crime Victim Right of Access) to Chapter 91 (Criminal History Record Information) of Title 18 (Crimes Code) to create a procedure by which a crime victim or a defendant in a civil action in which a crime victim is a party may obtain criminal history investigative information.

Amendment A04933 (Baker) – An amendment containing technical modifications to the bill, clarifying when dissemination of information regarding certain victims may not occur, and providing an exemption for the dissemination of certain highly confidential information. 

Adjourn

Meeting to consider SB 691, SB 1035, SB 1208, SB 1226 and SB 1228

Senate Judiciary Committee

Tuesday, June 7, 2022 | 11:30 a.m.

East Wing, Hearing Room 8E-B

Agenda

Meeting to consider SB 691, SB 1035, SB 1208, SB 1226 and SB 1228

Schedule

Call to Order

Committee Meeting

  • SB 691 (Gordner) – Amends Section 911(a) of Title 42 (Judiciary and Judicial Procedure) to add a second judge to the Court of Common Pleas in the Twentieth Judicial District and a third judge to the Court of Common Pleas in the Twenty-sixth Judicial District.
  • SB 1035 (Browne) – Amends Title 20 of the Pennsylvania Consolidated Statutes by adding numerous definitions applicable to trusts generally and to change references to “trust instrument” to “terms of a trust” and to add a new Subchapter H.1 to Chapter 77 of Title 20 known as the Directed Trust Act (the “Act”).
  • SB 1208 (Browne) – Amends Title 42 to (i) add debit cards as an acceptable method of paying court costs, restitution and fines, (ii) provide that if a defendant defaults in the payment of court costs, restitution and fines and fails to appear at a hearing to determine the defendant’s ability to pay, the account may be turned over to a collection agency or a county collection enforcement unit, (iii) allow a defendant to request a new hearing to determine the defendant’s ability to pay, and (iv) to prevent a report to a consumer reporting agency unless a financial determination hearing has been conducted and the defendant is found to be financially able to pay.
  • SB 1226 (Baker) – Amends Titles 18 and 42 to provide that a court shall expunge the record of a juvenile under circumstances that are enumerated in SB 1226 and requires a Chief Juvenile Probation Officer to notify the court of a juvenile’s eligibility for such expungement.
  • SB 1228 (Baker) – Amends section 6353 of Title 42 to require courts to hold disposition review hearings at least every 3 months to ensure that a child committed to out-of-home placement is receiving necessary services and treatment.

Adjourn

Public Hearing on Juvenile Justice Reforms

Senate Judiciary Committee

Monday, May 23, 2022 | 10 a.m. to 12 p.m.

North Office Building, Hearing Room #1

Agenda

Public Hearing on Juvenile Justice Reforms

Schedule

10:00 a.m. to 10:15 a.m. – Welcome and Opening Remarks

Senator Lisa Baker, Chair

Senator Steve Santarsiero, Democratic Chair

10:15 a.m. to 10:40 a.m.Panel 1 – Juvenile Justice Task Force Members 

  • Jim Anderson, Executive Director (Retired), Pennsylvania Juvenile Court Judges’ CommissionTestimony
  • Jon Rubin, Deputy Secretary, Department of Human Services, Office of Children Youth and Families – Testimony
  • Rick Steele, Executive Director, Pennsylvania Juvenile Courts Judges’ Commission – Testimony
  • The Honorable David Workman, Judge, Lancaster County Court of Common Pleas
    • Vice Chair, Pennsylvania Juvenile Courts Judges’ Commission

10:40 a.m. to 11:05 a.m.Panel 2 – District Attorneys and Defenders 

  • Meghan Black, Assistant District Attorney, Allegheny County – Testimony
  • Keisha Hudson, Chief Defender, Defender Association of Philadelphia – Testimony
  • Sara Jacobson, Executive Director, Public Defender Association of Pennsylvania – Testimony
  • The Honorable Jack Stollsteimer, District Attorney, Delaware CountyTestimony

11:05 a.m. to 11:30 a.m. – Panel 3 – Juvenile Probation Officers Representatives 

  • Russell Carlino, Chief Juvenile Probation Officer, Allegheny County –Testimony
    • Member, Pennsylvania Juvenile Justice Task Force
  • Chadwick Libby, Director of Probation Services, Dauphin County –Testimony
    • President, Pennsylvania Council of Chief Juvenile Probation Officers

11:30 a.m. to 12:00 p.m.Panel 4 – Victim Advocate/Providers/Juveniles 

  • Suzanne Estrella, Commonwealth Victim Advocate –Testimony
  • Jeff Fleischer, CEO, Youth Advocate Program –Testimony
  • Aiden Myers, Juvenile Advocate
  • Hillary Transue, Juvenile AdvocateTestimony

12:00 p.m. – Closing Remarks and Adjournment 

Additional Written Testimony Submitted By:

  • American Conservative Union – Testimony
  • Attorney Al Flora, Jr.Testimony
  • Community Legal Services of Philadelphia –Testimony
  • Juvenile Law Center – Testimony
  • Juvenile Law Center’s Advocates for Youth Justice – Testimony
  • Luzerne County Public Defender’s Office –  Testimony
  • PA NewsMedia Association – Testimony
  • R Street Institute – Testimony
  • Robert Williams – Testimony
  • Urban League of Philadelphia – Testimony
  • Youth Art & Self-empowerment Project, My LeTestimony
  • Youth Sentencing & Reentry Project –Testimony

Meeting to consider SB 118, SB 110, SB 1040, SB 1172, and SB 1179

Senate Judiciary Committee

Tuesday, April 5, 2022 | 12 noon

East Wing, Hearing Room 8E-B

Agenda

Meeting to consider SB 118, SB 110, SB 1040, SB 1172, and SB 1179

Schedule

SB 118 (K. Ward) – Amends Title 42, Section 9799.14 to require registration under Megan’s Law for those individuals convicted of offenses involving human trafficking, patronizing a victim of sexual servitude, and involuntary servitude.

SB 110 (Bartolotta) – Amends Title 18 of the Pennsylvania Consolidated Statutes to create the offense of drug delivery resulting in serious bodily injury.

SB 1040 (Browne/K. Ward) – Amends Section 212 of the act of November 24, 1998 (P.L.882, No.111) known as the Crime Victims Act, to require a law enforcement agency to make reasonable efforts to notify a surviving family member of either a direct victim of murder or of an intervenor, before the law enforcement agency otherwise publicly releases the victim’s or intervenor’s identity.

SB 1172 (Vogel) – Enacts the Sexual Assault Emergency Services Act which authorizes the establishment of Sexual Assault Nurse Examiner (“SANE”) programs by hospitals, mandates the creation of a comprehensive list of such programs, and authorizes a grant program to establish and support SANE services. 

  •  A03875

SB 1179 (Baker/Aument) – Amends Title 23, Chapter 67, the Domestic and Sexual Violence Victim Address Confidentiality Act (the “Act”) by extending the address confidentiality provisions of the Act to include the victims of child abduction and the victims of human trafficking and by updating the Act to allow for applications for address confidentiality to be submitted electronically. 

Meeting to consider HB 979 and HB 1096

Senate Judiciary Committee

Wednesday, January 19, 2022 | 10:30 a.m.

East Wing, Hearing Room 8E-B


AGENDA

Meeting to consider HB 979 and HB 1096

SCHEDULE

HB 979 (Dowling), Amends Title 18 of the Pennsylvania Consolidated Statutes to provide that a person adversely impacted by a local regulation of firearms or ammunition, where the local regulation was promulgated or enforced in violation of state law, may seek specified relief or damages attributable to the local regulation. Amends Title 53 of the Pennsylvania Consolidated Statutes to confirm that the laws of the Commonwealth regulating firearms or ammunition preempt and supersede any local regulation of firearms or ammunition.

HB 1096 (Kauffman), Amends Title 18 of the Pennsylvania Consolidated Statutes to allow a victim of the sex trade to bring a civil action in a court located where the alleged violations occurred.

Public hearing for the purpose of consideration of the nominations of Marsha Grayson, Esquire, reappointment to the Board of Pardons, and Marie Veon, Esquire, for the Court of Common Pleas for Venango County, followed by a meeting to consider HB 979

Senate Judiciary Committee

Tuesday, December 14, 2021 | 11:30 a.m.

East Wing, Hearing Room 8E-A


AGENDA

A public hearing for the purpose of consideration of the nominations of Marsha Grayson, Esquire, reappointment to the Board of Pardons, and Marie Veon, Esquire, for the Court of Common Pleas for Venango County. The Committee will also hold a voting meeting on House Bill 979.

SCHEDULE

Hearing Confirmations

  • Marsha Grayson, Esquire, appointee to the Board of Pardons.
  • Marie Veon, Esquire, appointee for the Court of Common Pleas, Venango County.

Committee Meeting

HB 979 (Dowling), Amends Title 18 of the Pennsylvania Consolidated Statutes to provide that a person adversely impacted by a local regulation of firearms or ammunition, where the local regulation was promulgated or enforced in violation of state law, may seek specified relief or damages attributable to the local regulation. Amends Title 53 of the Pennsylvania Consolidated Statutes to confirm that the laws of the Commonwealth regulating firearms or ammunition preempt and supersede any local regulation of firearms or ammunition.

Adjourn

Meeting to consider HB 1255

Senate Judiciary Committee

Tuesday, November 9, 2021 | 11:30 a.m.

East Wing, Hearing Room 8E-B


Agenda

Meeting to consider HB 1255

Schedule

Call to Order

House Bill 1255 (Lewis) – Amends Section 5539 of Title 42 to limit the time frame pursuant to which an action to recover damages may be brought against a real estate appraiser.

  • Amendment A02915 (Baker) – Clarifies that the specified time frame does not apply if (i) there is evidence of fraud or intentional misrepresentation on the part of the real estate appraiser or (ii) the appraisal was performed for a consumer as part of the purchase or sale of single-family residence not involving a lender.  Also, eliminates the requirement that actions be brought within one year of discovery of an error and provides that the 5 year period of repose does not apply to claims that accrued before the effective date of the legislation.

Adjourn