Judiciary 2023-2024

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The Senate Judiciary Committee met on Monday, July 1, 2024, and reported the following bills from committee:

House Bill 115 P.N. 958 (Ciresi) – Amends Title 20 (Decedents, Estates and Fiduciaries) to expand the scope of family members who can claim unclaimed property of their deceased relative. Passed unanimously.  

House Bill 416, P.N. 2929 (Powell) – Amends Title 18 (Crimes and Offenses) to add the offense of “unauthorized location tracking” in Section 2709.1 (stalking). Passed with a vote of 12-2, with Senators Dush and Langerholc voting in the negative.

House Bill 1466 P.N. 1650 (Bizzarro) – Amends Title 42 (Judiciary and Judicial Procedure) to establish the Uniform Public Expression Protection Act, which grants civil immunity based on protected public expression. Passed unanimously.

House Bill 1700 P.N. 2231 (Isaacson) – Amends Title 18 (Crimes and Offenses) to add “federal judicial officer” to the definition of the term “public safety official” in Section 2719 (endangerment of public safety official). Passed unanimously.

House Bill 1716 P.N. 2230 (Warren) – Amends Title 15 (Corporations and Unincorporated Associations) to clarify provisions regarding domestic nonfiling association name registration and shareholder rights in derivative action suits. Passed unanimously.

The Senate Judiciary Committee met on Tuesday, June 25, 2024, to consider the following bills:

Senate Bill 988, P.N. 1654 (Farry) – Amends Title 44 (Law and Justice) by expanding the DNA Collection Act, 44 Pa.C.S. §2301 et seq., to authorize the collection of DNA for certain offenses at the time of arrest. Reported as amended by a vote of 8-6 with Senators Dush, Cappelletti, Collett, Haywood, Santarsiero, and Saval voting in the negative.

• Amendment No. 5110 (Baker)- Adds inchoate offenses to definition of “criminal homicide” and “other specified offenses”; modifies offenses eligible for DNA collection at time of arrest; removes provisions regarding modified DNA searches; amends effective date; and makes other technical changes. Passed by a vote of 9-5 along party lines.

Senate Bill 812, P.N. 952 (Hughes) – Amends Title 18 (Crimes and Offenses) by updating section 4905 (relating to false alarm to agencies of public safety) to criminalize the act of “swatting.” Reported out of committee as amended unanimously.

• Amendment No. 5146 (Baker) – Updates the definition of “law enforcement agency” and adds definition of “law enforcement officer.” Passed unanimously.

The Senate Judiciary also met on the nomination of Christian Stephens for the Pennsylvania Parole Board. The nomination was reported out of committee unanimously with a favorable recommendation.

The Senate Judiciary Committee met on Tuesday, June 4, 2024, to consider the following bills:

Senate Bill 1236, P.N. 1669 (Laughlin) – Amends the Landlord Tenant Act to codify the common law definition of “tenant,” and clarify that individuals possessing real property without the owner’s consent are not entitled to the rights and procedures established in the act. Reported out of committee with a 13-1 vote, with Sen. Saval voting in the negative.

Senate Resolution 196, P.N. 1217 (Coleman) – Directs Pennsylvania Commission on Sentencing to conduct a study on the correlation of veterans who have experienced post-traumatic stress disorder (PTSD), post-traumatic stress injury (PTSI), military sexual trauma and traumatic brain injury and who have also been involved in the criminal justice system. Reported out of committee as amended unanimously.

• Amendment No. 3866 (Langerholc) – Expands scope of study regarding health care treatment options available to incarcerated veterans to include those enrolled in Veterans Treatment Courts; and extends the timeframe for study from six to fifteen months. Passed unanimously.

Senate Bill 1231, P.N. 1666 (Baker) – Amends Title 20 (Decedents, Estates and Fiduciaries) to update the definitions and rules relating to trusts and directed trusts, based on a recommendation from 2021 Report by Joint State Government Commission Advisory Committee on Decedents’ Estates Law. Reported out of committee unanimously.

Senate Bill 186, P.N. 169 (J. Ward) – Amends Title 18 (Crimes and Offenses) to implement the recommendation from the Child Pornography Task Force to change statutory phrase “child pornography” to “child sexual abuse material.” Reported out of committee as amended unanimously.

• Amendment No. 4641 (Baker)- Technical amendment to include additional references to “child pornography” contained in Title 61. Passed unanimously.

Senate Bill 187, P.N. 273 (J. Ward) – Amends the Child Internet Protection Act to implement the recommendation from the Child Pornography Task Force to change statutory phrase “child pornography” to “child sexual abuse material.” Reported out of committee unanimously.

Senate Bill 1213, P.N. 1644 (Pennycuick) – Amends Title 18 (Crimes and Offenses), sections 3131, 6312, and 6321 to include images generated through artificial intelligence among prohibited images. Reported out of committee as amended unanimously.

• Amendment No. 4678 (Pennycuick)- Eliminates duplicative language from § 3131 and changes grading of that offense to align with current statute; Adopts the federal definition of “artificial intelligence”; incorporates Child Pornography Task Force recommendation to change terminology. Passed unanimously.

The Senate Judiciary Committee met Tuesday, April 30, 2024 to consider the following nominations for the Pennsylvania Parole Board:

• Elizabeth Bolton Penna, Esquire- Reported out of committee unanimously with a favorable recommendation.
• Martin Pane- Reported out of committee unanimously with a favorable recommendation.
• Honorable Renee Cardwell Hughes- Reported out of committee without any recommendation. Please note, Sen. Santarsiero put remarks on the record that the Democratic members of the committee would have preferred a favorable recommendation motion and support the nomination.

The Senate Judiciary Committee met Monday, April 8, 2024, and reported the following bills from committee.

Senate Bill 920, P.N. 1328 (Sen. Langerholc) – Amends the Sexual Assault Testing and Evidence Collection Act of 2006 to establish a statewide sexual assault evidence tracking system. Reported out of committee unanimously.

• Amendment No. 3916 (Sen. Langerholc) – Changes the timeframe for implementation from six months to one year; makes technical changes; adds requirement to track destruction of rape kit; requires participation of all entities involved in collection of evidence; establishes waiver provision for victim compensation program when delay in claim is caused by delay in testing of rape kit. Passed unanimously.

Senate Bill 1127 P.N. 1459 (Sen. Laughlin) – Amends Title 42 (Judiciary and Judicial Procedure) to require that prosecuting attorney notify the United States Immigration and Customs Enforcement (ICE) following the arrest and arraignment of an “illegal migrant” for a violation of state law. Reported out of committee 9-5, on a party line vote.

• Amendment No. 3907 (Sen. Langerholc) – Requires an attorney for the Commonwealth to promptly notify ICE upon obtaining information indicating that a defendant in any criminal matter is a non-citizen or is present in the United States in violation of federal immigration law. Passed 9-5, on a party line vote.

The Senate Judiciary Committee met Tuesday, March 19, 2024, and reported the following bills from committee:

Senate Bill 819, P.N. 928 (Sen. Yaw) — Amends Title 18 (Crimes and Offenses) to establish offenses relating to critical infrastructure facilities and provide for penalties. Reported out of committee 9-5, along party lines.

Senate Bill 1021, P.N. 1319 (Sen. Dillon) – Amends Title 18 (Crimes and Offenses) to authorize courts to order evaluations of and treatment for persons with gambling disorders; and establish penalties and regulations for leaving a minor unattended at a gaming facility. Reported as amended 13-1 with Sen. Saval voting in the negative.

• Amendment 3620 (Sen. Baker)- Clarifies that reports to children and youth are to be made by law enforcement. Passed unanimously.

The Senate Judiciary Committee met on Monday, March 18, 2024, and reported the following bills from committee:

Senate Bill 1111, P.N. 1417 (Sen. Baker) —Amends Title 42 by making technical changes to Megan’s Law to ensure all inchoate crimes are included for all Megan’s Law offenses. Reported as amended unanimously.

• Amendment 3583 (Sen. Baker)- Changes the effective date from 60 days to immediately. Passed unanimously.

Senate Bill 1120, P.N. 1425 (Sen. Robinson) — Amends Title 42 by prohibiting an issuing authority from setting non-monetary bail in certain circumstances. Reported out of committee 9-5, along party lines.

The Senate Judiciary Committee met Tuesday, December 12, 2023 to consider the following nomination:

Honorable Harris Gubernick to the Pennsylvania Board of Pardons

The nomination was reported out favorably with a 12-2 vote with Senators Haywood and Saval voting in the negative.

The Senate Judiciary Committee met Monday, December 11, 2023 and reported the following bills from committee:

House Bill 95, P.N. 957 (Rep. Bullock) — Amends Title 18 (Crimes and Offenses) to increase the maximum fines for the offense of scattering rubbish under section 6501.

Reported out as committed unanimously.

House Bill 900, P.N. 959 (Rep. Cephas) — Amends Title 61 (Prisons and Parole) to establish policies and reporting procedures regarding the use of restrictive housing, restraints, and cavity searches on pregnant/postpartum incarcerated women and children; to provide feminine hygiene products to incarcerated women; and to provide for training for staff having contact with pregnant, laboring, or postpartum women.

Reported as amended unanimously.

• Amendment 3225 (Baker)– Redefines the terms “restrictive housing” and “substantial risk of imminent flight,” amends provisions relating to restrictive housing, and makes technical changes. Passed unanimously.

House Bill 1289, P.N. 1757 (Fleming) — Amends Title 68 (Real and Personal Property) to authorize the repudiation of discriminatory restrictive covenants. Reported out as committed unanimously.

The Senate Judiciary Committee met on Tuesday, November 14, 2023 to consider the following bills:

SB 975 (Sen. Brooks) — Amends Title 18 (Crimes and Offenses) to increase the grading of the offense of terroristic threats under section 2706 when the threat relates to a school or educational facility. Reported as amended 12-2, with Senators Cappelletti and Saval voting in the negative.

• Amendment A02968 (Sen. Baker)- Updates provision regarding costs of evacuation response. The amendment passed with a vote of 13-1 with Senator Saval voting in the negative.

HB 917 (Rep. Shusterman) — Amends Title 42 (Judiciary and Judicial Procedure) by adding a subchapter to adopt the Uniform Family Law Arbitration Act, authorizing parties in family law disputes to settle certain issues through voluntary arbitration. Reported as amended unanimously.

• Amendment A02925 (Baker)— Allows provisions regarding protection of a party or child to apply regardless of whether the parties are represented by counsel. The amendment passed unanimously.

HB 1278 (Rep. Pielli) — Amends Title 18 (Crimes and Offenses), Chapter 57 (Wiretapping and Electronic Surveillance) to authorize the use of body worn cameras by State Parole agents. Reported as amended 9-5 along party lines.

• Amendment A02671 (Baker)- Removes certain requirements relating to parole agent body cameras. The amendment passed 9-5 along party lines.

The Senate Judiciary Committee met on Tuesday, October 17, 2023 to confirm the following nomination and vote on the the following bills:

Nomination of Damaris Garcia, Esq., as Judge of the Court of Common Pleas, Philadelphia County- Reported favorably.

SB 55 (Sen. Santarsiero) – SB 55 amends Title 23 (Domestic Relations) Chapter 53 (Child Custody) by adding protections for children in custody disputes that have a history of abuse, a find of ongoing abuse or risk of harm to the child. The bill requires the court to document in the custody order if there is a need for safety conditions and how they are in the best interest of the child. If there is ongoing abuse of the child, the court is to order supervised physical custody. Finally, Title 42 (Judiciary and Judicial Procedure) is amended by adding recommending training for judges and court personnel that handle custody cases. Reported as amended unanimously.

• Amendment A02545 (Sen. Santarsiero)- Technical amendment- Passed unanimously.

SB 959 (Sen. Robinson)– SB 959 would amend the Controlled Substance, Drug, Device and Cosmetic Act by requiring the Secretary of Health to schedule any drug that is added under Federal law. However, it would remove the ability for the Secretary to remove or reschedule a controlled substance. Reported as committed 10-4, with Senators Cappelletti, Collett, Haywood, and Saval in the negative. Sen. Santarsiero voted in favor to move the bill out of committee but gave remarks on hoping to work on amendment to resolve some of the concerns in the bill.    

The Senate Judiciary Committee met on Tuesday, October 3, 2023 to consider the following bills:

SB 563 (Sen. Phillips-Hill) which would amend Title 18 (Crimes and Offenses) to add the offense of ransomware to Chapter 76. Additionally, would prohibit the use of public funds to pay ransomware demands for Commonwealth agencies. The bill was reported as amended with a vote of 9-5, along party lines.

• Amendment A02265 (Baker)- Updates the definition of Commonwealth agency, notification requirements, and offense grading. The amendment passed with a vote of 11-3 with Chairman Santarsiero, Sen. Collett, and Sen. Saval voting in the negative.

SB 596 (Sen. Argall) which would amend 18 Pa. C.S. § 3929.3, Organized retail theft, by lowering the threshold amounts to charge an individual with the crime, creating the Office of Deputy Attorney General for Organized Retail Theft Crime, and updates the definition of organized retail theft organization. The bill was reported as amended with a vote of 9-5, along party lines.

• Amendment A02198 (Baker)- Removes the appropriation, gives OAG concurrent jurisdiction, and updates the effective date. The amendment passed with a vote of 10-4 with Sen. Cappelletti, Sen. Collett, Sen. Haywood, and Sen. Saval voting in the negative.

SB 842 (Sen. Dillon) which would Amend Title 18 (Crimes and Offenses) by adding § 2709.2, Harassment of sports official. The bill was reported out of committee with a vote of 12-2, with Sen. Dush and Sen. Saval voting in the negative.

The Senate Judiciary Committee met on Tuesday, September 19, 2023 to consider the following bill:

HB 689 (Rep. Harris) which would expand the eligibility to petition for limited access of criminal history record information and automatic clean slate limited access.

• A01990 (Sen. Baker)- Would create a process for an automatic expungement for individuals that receive a full pardon. The amendment also changes references from “state and local police” to “Pennsylvania State Police.” The amendment passed with a vote of 12-2 with Senators Dush and Langerholc voting in the negative.
• The bill was reported as amended with a 12-2 vote with Senators Dush and Langerholc voting in the negative.

The Senate Judiciary Committee met on Thursday, June 29, 2023 to consider the following nominations:

• Maura Palumbi, Esq., as Judge for the Court of Common Pleas, Butler County
• Julia Rater, Esq., as Judge for the Court of Common Pleas, Centre County
• Frank Ruggiero, Esq., as Judge for the Court of Common Pleas, Lackawanna County
• Chesley Lightsey, Esq., as Judge for the Court of Common Pleas, Philadelphia County
• E. Natasha Taylor-Smith, Esq., as Judge for the Court of Common Pleas, Philadelphia County
• Samantha Williams, Esq., as Judge for the Court of Common Pleas, Philadelphia County
• Kay Yu, Esq., as Judge for the Court of Common Pleas, Philadelphia County

All nominations reported with a favorable recommendation, unanimously.

The Senate Judiciary Committee met on Tuesday, June 27, 2023 to consider the following bills:

SB 44 (Sen. Dush) – Amends Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in human trafficking, further providing for definitions, for the offense of trafficking in individuals and for the offense of patronizing a victim of sexual servitude; in minors, further providing for unlawful contact with minor; and, in domestic and sexual violence victim address confidentiality, further providing for definitions and for persons eligible to apply.

• Amendment A01497 (Sen. Baker)- Clarifies and expands the definition of human trafficking. The amendment passed unanimously
• The bill was reported as amended unanimously.

SB 45 (Sen. Collett) – Amends the act of October 25, 2012 (P.L.1618, No.197), known as the National Human Trafficking Resource Center Hotline Notification Act, further providing for victim services. The bill was reported as committed from committee unanimously.

SB 235 (Sen. Mastriano)– Amends Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in criminal homicide, providing for the offense of fentanyl delivery resulting in death.

• Amendment A01493 (Sen. Baker)- Relocates substance of SB 235 to Title 18, Section 2506 (relating to Drug Delivery Resulting in Death); changes grading of offense and penalty. Amendment passed with a vote 9-5, along party lines.
• The bill was reported as amended with a vote of 10-4. Senators Cappelletti, Collett, Haywood, and Saval in the negative. Chairman Santarsiero voted yes to move the bill to the full Senate but made public comments stressing that the bill needs work to ensure the intent of punishing drug dealers and not punishing those suffering from addiction that happen to barter for drugs.

The Senate Judiciary Committee met on Tuesday, June 6, 2023 to consider the following bills:

SB 527 (Sen. Farry) adds a new section to Title 18 making theft of mail a criminal offense.

• Amendment A00790 (Sen. Baker) makes technical changes and removes subsection (e) on fingerprinting. Amendment passed unanimously
• The bill was reported as amended, 12-1 with Sen. Saval voting no.

SB 159 (Sen. Langerholc) adds a new section to Title 18 making the unauthorized use of electronic tracking devices a criminal offense.

• Amendment A00043 (Sen. Langerholc) includes some technical changes and added exceptions. Amendment passed unanimously. There were comments that some of the exceptions added by this amendment may be removed or narrowed in scope by a future amendment.
• The bill was reported as amended unanimously.   

SB 506 (Sen. Baker and Sen. Haywood) amends Title 20 making changes related to appointment of counsel, guardians, and court oversight when a petition alleging an individual is incapacitated is filed.

• Amendment A00783 (Sen. Baker) clarifies that a license to practice law is not the equivalent license or certification for purposes of waiving guardianship certification requirements. Amendment passed unanimously
• Amendment A00789 (Sen. Baker) updates the review hearing procedures in section 5512.2 of Title 20. Amendment passed unanimously.
• The bill was reported as amended unanimously.   

The Senate Judiciary Committee met on Tuesday, April 25, 2023 to consider the following bills: 

SB 645 (Senator Hughes)- An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in general provisions, providing for ten-year limitation for acquiring title to vacant land for gardens in cities of the first class.

• The bill was reported out of committee unanimously.

SB 165 (Senator Tartaglione)- An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act that would prohibit the operation of a clinic or establishment that provides drug paraphernalia and space for any person to introduce a controlled substance into their body.

Amendment A00301 (Senator Baker) was offered which removed the drug paraphernalia and inserted “knowingly” into the language related to operators providing space. Additionally, provides the Office of Attorney General concurrent jurisdiction with local district attorneys to investigate and initiate criminal proceedings for a violation.  Amendment passed (9-5)

• The bill was reported as amended (11-3).  

SB 361 (Senator J. Ward)- An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in organization and jurisdiction of courts of common pleas, further providing for courts of common pleas. Increases the number of Court of Common Pleas judges in Chester, Huntingdon, and Columbia counties by one for each county.

Amendment A00291 (Senator Baker) adds one new Court of Common Pleas judge to Northumberland and Butler counties. Amendment passed unanimously.

• The bill was reported out of committee unanimously.

SB 598 (Senator Baker)- An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in wiretapping and electronic surveillance, further providing for expiration of chapter.

Amendment A00322 (Senator Langerholc) would extend the sunset date until December 31, 2029. Amendment passed unanimously.

• The bill was reported out of committee unanimously.

The Senate Judiciary Committee met on Monday, March 6, 2023 to consider the following bills: 

Senate Bill 169 (Baker) – enacts a recommendation of the Juvenile Justice Task Force to require disposition review hearings every three (3) months instead of every nine (9) months.

• Reported unanimously

Senate Bill 170 (Baker) – enacts a recommendation of the Juvenile Justice Task Force to provide for clean slate for certain juvenile records.

• Reported 13 – 1 (Langerholc)

Senate Bill 267 (Brooks) – adds urgent care to the safe haven laws

• Reported unanimously

Senate Bill 371 (Baker) – creates the Indigent Defense Advisory Committee and establishes the Indigent Defense Grant Program

• Reported unanimously