Following is a listing of executive and legislative action from the week of June 17. The state House of Representatives was in session at press time. The Pennsylvania Senate was in recess and scheduled to reconvene Monday.

Victim's Rights

Pennsylvania voters will have the chance to decide whether or not to add a “crime victims bill of rights” to the state constitution after the unanimous approval of House Bill 276 by the Pennsylvania Senate on June 19. The measure previously cleared the state House of Representatives on a 190-8 vote in April.

The main sponsor of the constitutional amendment is state Rep. Sheryl Delozier, R-Cumberland.

HB 276 is aimed at ensuring that crime victims receive information about their rights and notification of proceedings in their criminal cases. It would also give them the constitutional right to be present at court hearings; be heard at plea and sentencing proceedings; and be treated with fairness, respect and dignity.

Since it is a constitutional change, the language needed to pass in two consecutive sessions of the Pennsylvania General Assembly. It cleared the 2017-18 session as Senate Bill 1011. It can now be placed as a referendum question on ballots for voters to decide.

Voters will be able to choose whether to make this change to the Pennsylvania Constitution in November 2019.

“I'm grateful that the House and Senate have supported this effort to give victims constitutional protections,” Delozier said in a statement. “We want victims to have a voice in the criminal justice system.”

The measure carries the popular name “Marsy's Law” and was first adopted in California in 2008. According to Delozier's statement, it was named after a California woman, Marsy Nicholas, who was stalked and killed by an ex-boyfriend in 1983. Days after the murder, her family members—who had been unaware of bail proceedings in the case—were confronted in public by the accused murderer.

Criminal Justice

Both houses of the General Assembly took action June 19 to send six bills to Gov. Tom Wolf for signature that are aimed at enhancing protections for victims of crime.

Pennsylvania Senate Majority Leader Jake Corman, R-Centre, and state House of Representatives Majority Leader Bryan Cutler, R-Lancaster, issued a joint statement saying the bills “are a strong step toward balancing the scales of justice. By elevating the rights of victims, we help to remove the stigma that many feel when they have been the target of a crime.”

• The Senate unanimously approved each of the following bills:
• House Bill 315, which would criminalize the act of female genital mutilation.
• House Bill 502, which is aimed at strengthening the right of crime victims to attend court proceedings.
• House Bill 504, which would shield rape victims against irrelevant cross examinations by ensuring that prior sexual assaults or other prior acts of victimization against a rape victim cannot be used at trial for the purpose of attacking the victim's character.

The House approved the following bills:

• Senate Bill 399, which would create a comprehensive “bill of rights” in Pennsylvania for survivors of sexual assault, including not being prevented from or being charged for a forensic examination, and ensuring the preservation of rape kits, without charge, for the full range of the statute of limitations or 20 years, whichever is shorter. It was approved on a unanimous vote.
• Senate Bill 469, which would apply the existing Tender Years Exception—which allows certain out-of-court statements to be admissible as evidence—to include individuals with intellectual disabilities or autism. It cleared the House on a 178-22 vote.
• Senate Bill 479, which would expand the Tender Years Exception to apply to a wider variety of crimes, including serious sexual offenses. This exception currently only applies in cases of homicide, assault, kidnapping, burglary, robbery and a narrow number of sexual offenses. It was passed 199-1.

Juneteenth Commemoration

Gov. Tom Wolf on June 19 signed into law a measure declaring that date to be “Juneteenth National Freedom Day” in Pennsylvania.

House Bill 619, sponsored by state Rep. Susan Helm, R-Dauphin, cleared both houses of the General Assembly unanimously.

Wolf compared the importance of Juneteenth (a portmanteau of June and 19th) to July 4.

“While Independence Day marks the conception of a free nation, Juneteenth is a celebration of the fulfillment of this ideal through the Emancipation Proclamation,” he said. “In honoring this day, I encourage all Pennsylvanians to reflect on the struggles and sacrifices our forefathers made to give us freedom, while realizing the importance of continuing to build a nation that truly reflects the self-evident truth that all people are created equal.”

June 19, 1865, was the day formerly enslaved persons in Galveston, Texas, learned that they were legally free under the Emancipation Proclamation, signed as an executive order of Present Abraham Lincoln on Jan. 1, 1863. News of the Proclamation was not known in Galveston until Union soldiers reached the town after the conclusion of the Civil War. The event is considered to be the conclusion of the emancipation process.

“On Juneteenth, we commemorate the day when millions of African Americans were freed from the horrors of slavery. We also celebrate the continued education and achievement of African Americans, in the face of overwhelming discrimination and hardship,” said Rep. Stephen Kinsey, chairman of the Pennsylvania Legislative Black Caucus. “Today should be a reminder to us—as individuals, as institutions—to recommit to liberty, justice and equality, so we can move our nation forward, providing opportunities and promoting success for all.”

Helm said the legislation had taken nine years to become law.

“I am beyond happy to see this bill finally cross the finish line,” Helm said. “It is my hope that this holiday will raise knowledge and awareness of the origins of Juneteenth and how important … it is to our nation.”

The bill is now designated as Act 9 of 2019. Pennsylvania is only the second state in the country to recognize Juneteenth in an official enactment, with 28 other states having approved Juneteenth resolutions.

Military Families

The Pennsylvania Senate Veterans Affairs and Emergency Preparedness committee on June 18 unanimously approved a bill to improve higher education tuition assistance for family members of state National Guard members who renew their service commitments for six years.

House Bill 1324, known as the “PA GI Bill,” has already secured approval in the state House, and with the committee OK moved one step closer to passage in the Senate. Senate Veterans Affairs and Emergency Preparedness Committee chairman Mike Regan, R-York, moved the measure forward on his panel.

The measure has the support of Wolf, who said in a statement he was eager to sign the GI Bill into law.

“I commend the committee for moving forward with this important piece of legislation to help our military families,” Wolf said. “The military often states that 'we recruit soldiers and airmen but retain families.' The PA GI bill demonstrates that the commonwealth is committed to both and I look forward to signing it into law.”

State Rep. Stephen Barrar, R-Delaware, was the main sponsor of the bill in the House.

School Choice

Wolf on June 18 vetoed a bill sponsored by Speaker of the House Mike Turzai, R-Allegheny, that would have expanded the amount and availability of educational tax credits for “school choice.”

House Bill 800 was approved in the state House of Representatives on a 111-85 vote and in the Pennsylvania Senate by 28-21. Neither of those margins are veto-proof.

Wolf said in a veto message that he could not approve a program to expand funding directed to private institutions while public education remains underfunded.

“Education is the cornerstone of democracy, and it is my job as the leader of this commonwealth to ensure fairness and accountability in our classrooms. House Bill 800 would pour funding into a program that lacks these two critical aspects,” Wolf said. “We have an accountable public education system in place that is underfunded. I have and I will continue to fight to fully fund Pennsylvania's public schools.”

Turzai called Wolf's veto “a step backwards for education in Pennsylvania,” arguing that the Educational Improvement Tax Credit is a complement to public education, not a competitor.

The bill would have raised to $95,000 the annual income level of parents who could take advantage of the program, which is meant to defray the cost of non-public education choices. It also would have increased by $100 million—to a total of $210 million—the amount of tax credits available, and included automatic increases when demand for credits rises. •