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Judiciary 2011-2012

The Senate Judiciary Committee met October 15, 2012 and reported the following bills:

Según lo comprometido

House Bill 898 (Toepel): Amends Section 6111(h) of Title 18 (Crimes Code) relating to the sale or transfer of firearms.

House Bill 2249 (Watson): Amends Title 18 (Crimes Code) and Title 42 (Judicial Code) regarding Online Impersonation.


The Senate Judiciary Committee met October 2, 2012 and reported out the following nominee and bills.

Nominee

Randy Feathers, Pennsylvania Probation & Parole Board

Según lo comprometido

House Bill 1324 (Stevenson): Amends provisions in Title 20 (Probate, Estates and Fiduciaries Code) relating to small estates so that the limit in such estates is raised from $25,000 to $50,000.

House Bill 1405 (Grell): Amends the Mental Health Procedures Act regarding incompetency examinations in criminal cases.

House Bill 1769 (Farry): Amends Title 42 (Judicial Code) relating to criminal laboratory user fees

House Bill 1794 (Mustio): Establishes the HIV-Related Testing for Sex Offenders Act.

House Bill 2275 (Grell): Amends Title 42 (Judicial Code) and Title 57 (Notaries Public) in order to update the law regarding declarations and notaries public.

En su forma enmendada

House Bill 815 (Grove): Amends Title 18 (Crimes Code) by adding a criminal offense of sexting by minors, and amending the existing child pornography statute to reflect this addition.

House Bill 2032 (Metcalfe): Amends the Crimes Code (Title 18) by adding the offense of theft of secondary metal.

House Bill 2285 (Delozier): Amends the Uniform Transfers to Minors Act (UTMA) in order to increase the dollar limit of a transfer that may be made from the custodial account of a minor without court approval


The Senate Judiciary Committee met September 25, 2012 and reported the following bills out of committee:

Como comprometido:

House Bill 1616 (Denlinger): Amends the Associations Code, Title 15 of the Pennsylvania Consolidated Statutes, authorizing the creation of benefit corporations to provide for the general public benefit and to possibly provide for specific public benefits.

Enmendado:

Senate Bill 965 (Pileggi): Amends Title 18 of the Crimes Code, and Title 42 of the Judicial Code, adding a criminal offense for recruiting criminal street gang members and providing for the sentencing for offenses committed in association with a criminal street gang

House Bill 1121 (Reichley): Amends Title 42 of the Judicial Code providing for the sentencing for offenses committed in association with a criminal street gang.

House Bill 2331 (Stephens): Amends Title 18 of the Crimes Code and Title 42 of the Judicial Code providing for sentencing for the illegal possession of firearms and amending the definition of “crime of violence.”.

House Bill 2400 (Marsico): Amends Chapter 57 Title 18 of the Crimes Code, the Wiretapping and Electronic Surveillance Control Act.


The Senate Judiciary Committee met 6-5-12 and reported out the following:

SB 1535: This bill amends the Judicial code by providing for the rates charged for copying medical records when a subpoena is served upon a health care provider or a health care facility. The bill was reported from committee unanimously.

HB 75: This bill amends the Judicial Code to add “transients” and those required to register under an earlier version of Megan’s Law to the mandatory sentencing provisions that apply to the criminal offense of failing to comply with the registration requirements of Megan’s Law. Sen. Greenleaf offered A11127 that makes a series of mainly technical clarifications that closes loopholes and brings PA into compliance with federal law. The amendment and bill were reported from committee unanimously.


The Senate Judiciary Committee met on Tuesday, May 8, 2012 and reported out the following bills:

As committed:
SB 1449
(Corman) – This bill amends the Domestic Relations Code, Title 23 of the Pennsylvania Consolidated Statutes, to enact the Uniform Child Abduction Prevention Act as Chapter 52.

HB 135 (Sabatina) – This bill amends the Pennsylvania Commission on Crime and Delinquency Law, 1978 Act 274, by adding the Executive Director of the Pennsylvania Commission on Sentencing as a member of the Pennsylvania Commission on Crime and Delinquency and making other changes relating to the powers and duties of the commission and its advisory committees.

HB 804 (Masser) – This bill amends section 4503 of the Judicial Code, Title 42 of the Pennsylvania Consolidated Statutes, to exempt from jury duty persons who have previously served for a full term on a Statewide investigating grand jury.

As amended:
HB 208
(Reed) – This bill amends section 3742 of the Vehicle Code, Title 75 of the Pennsylvania Consolidated Statutes, to increase the mandatory minimum sentence for leaving the scene of an accident when a death is involved and makes a technical amendment to section 6503 of the Vehicle Code. Senator Gordner offered Amendment A10178, which increases the grading of the crime (from a third degree felony to a second degree felony) and removes the mandatory minimum sentence language in cases wherein the driver leaves scene of an accident when a death is involved. The amendment also makes a technical change.  The amendment was adopted by a vote of 10-2.


The Senate Judiciary Committee met March 27, 2012 and reported out the following bills:

Según lo comprometido

SB 351(Baker): This bill amends sections of the Judicial Code, Title 42 of the Pennsylvania Consolidated Statutes, to further provide for good Samaritan civil immunity for the use of an automated external defibrillator and to provide for bystander, including emergency response provider, good Samaritan civil immunity.

SB 466 (Browne): This bill amends section 8301 of the Judicial Code, Title 42 of the Pennsylvania Consolidated Statutes, to allow stepchildren to be beneficiaries in a wrongful death action.

En su forma enmendada

HB 165 (J. Evans): This bill amends section 5511 of the Crimes Code, Title 18 of the Pennsylvania Consolidated Statutes, relating to cruelty to animals, to make a person guilty of a misdemeanor of the second degree if the person owns a dog that kills, maims or disfigures a guide dog, a hearing dog or a service dog.

HB 1264 (Parker): This bill amends the Judicial Code, Title 42 of the Pennsylvania Consolidated Statutes, by adding a section to allow expert testimony in sexual assault cases.


The Senate Judiciary Committee met March 6, 2012 and reported out the following bills:

Según lo comprometido

Senate Bill 941 (Corman): This bill raises the fine for Underage Drinking (§6308 of Title 18) and Public Drunkenness (§5505 of Title 18) to a maximum of $1,000.

Senate Bill 943 (Corman): This bill provides municipalities which host all or part of an institution of higher learning with the ability to set a $100 court fee for all alcohol violations in their jurisdiction.

Senate Bill 1373 (Greenleaf): Amends Title 42 (Judiciary and Judicial Procedure) further providing for six months limitation and for deficiency judgments.

House Bill 61 (Metzgar): Amends §9730.1(c) of the Judicial Code by extending the period of time which a collection agency has to collect fines, costs and restitution, from 180 days to 48 months.

House Bill 1026 (Caltagirone): Amends Title 42 (Judicial Code) to allow retired or senior judges to administer oaths and affirmations and take acknowledgments.

En su forma enmendada

House Bill 1546 (Toohil): Amends Title 42 regarding the powers and duties of the Juvenile Court JudgesCommission (JCJC).


The Senate Judiciary Committee met September 27, 2011 and reported out the following bills:

Según lo comprometido

Senate Bill 397 (M.White): Amends the Judicial Code, Title 42 of the Pennsylvania Consolidated Statutes, to prohibit the imposition of the death penalty on a person with mental retardation.

Senate Bill 1220 (Solobay): Amends the provision of the Criminal History Record Information Act relating to expungement, section 9122 of the Crimes Code, Title 18 of the Pennsylvania Consolidated Statutes, to permit the expungement of conviction data for certain misdemeanors of the third and second degrees.

En su forma enmendada

Senate Bill 775 (Pileggi): This bill amends Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes to expand the list of eligible criminal offenses for which DNA testing is required


The Senate Judiciary Committee met on Tuesday, September 20, 2011 and reported out the following bills:

SB 733 (Williams) This bill would amend Title 18 (Crimes and Offenses) by making it a third degree misdemeanor for a parent to knowingly commit an act or neglect a duty that then causes a child to become a delinquent or to be taken under protective custody.  It would give those parents the opportunity to participate in a pretrial diversion program with the prosecutor’s consent.  The bill was reported 10-4.

SB 883 (Greenleaf) This bill would consolidate various statutes on administrative procedure into Title 2 (Administrative Law and Procedure) of the Pennsylvania Consolidated Statutes, which would be known as the Administrative Procedure Code. The bill was reported unanimously.

SB 1167 (Baker) This bill would amend Title 51 (Military Code), providing for expedited or electronic custody hearings when a parent’s military duties would have an effect on his or her ability to appear in person and would also allow for modifications to custody agreements to grant custody to one or more biological relatives for a scheduled period of time.  The bill was reported unanimously.


The Senate Judiciary Committee met June 14, 2011 and reported out the following legislation:

En su forma enmendada

SB 100 (Greenleaf): Makes changes relating to the powers and duties of the Pennsylvania Commission on Sentencing; provide for sanctions for probation violations; modify the eligibility requirements for alternative sentencing and pre-release programs; establish a comprehensive reentry program; and make criminal justice appropriations

Como comprometido:

SB 1131 (Greenleaf): Specifys when joint and several liability applies to the recovery of damages in a civil action

HB 40 (Perry):  Castle Doctrine Legislation

HB 396 (O’Neill): Reduces the grading of the offense from murder of the third degree to a felony of the first degree, and adds drug delivery resulting in death to the definition of “crime of violence.”


The Senate Judiciary Committee met May 3, 2011 and reported out the following:

Linda L. Kelly, Esquire as Attorney General

Senate Bill 29 (Greenleaf): amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in obstructing governmental operations, further providing for the offenses of weapons or implements for escape and for contraband; and making a conforming amendment

Senate Bill 411 (Browne): amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for interagency information sharing.

Senate Bill 448 (Rafferty): amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in provisions relating to minors, further providing for the offense of purchase, consumption, possession or transportation of liquor or malt or brewed beverages

Senate Bill 750 (Greenleaf): amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, extensively revising provisions on anatomical gifts in the areas of authorizations, procedure, amendment, revocation, refusal, receipt, for rights and duties of hospitals and organ procurement organizations, prohibitions, limited immunity, the Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund, and providing for contributions to the fund; and making editorial changes.

Senate Bill 1006 (Vogel): amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for Schedule I controlled substances


The Senate Judiciary Committee met March 1, 2011 and reported out the following bill:

As Committed
Senate Bill 273 (Alloway): This “Castle Doctrine” bill is named for the expression that “a man’s home is his castle.” This legislation would provide protection from criminal prosecution and civil litigation for those who defend themselves.


The Senate Judiciary met today, February 8, 2011 and reported out the following bills:

As Amended
Senate Bill 42 (Greenleaf): Requires out of state offenders subject to lifetime registration requirements to register when they move into Pennsylvania. A technical amendment was introduced by Sen. Greenleaf and was adopted.

As Committed
Senate Bill 58 (Greenleaf): Authorizes a sexual assault victim to petition the court requesting protection from the defendant. Once a protection order is issued there are penalties for violating the order.

Senate Bill 59 (Greenleaf): This bill amends the Judicial Code, Title 42 of the PA Consolidated Statutes relating to the Judicial Conduct Board and how it operates.

Senate Bill 79 (Greenleaf): The bill adds Subchapter B.1 to Chapter 53 of the Judicial Code. The subchapter shall be known as the Uniform Interstate Depositions and Discovery Act.

Senate Bill 88 (Greenleaf): This bill amends the Associations Code, Title 15 of the PA Consolidated Statutes to add the Uniform Unincorporated Nonprofit Association Law (PUNNAL). The PUUNAL will govern any unincorporated nonprofit association that is formed or operated in Pennsylvania.