Pennsylvania State Capitol. Photo: Zack Frank/Shutterstock.com

Following is a listing of executive and legislative action from June 28 and the week of July 1. The General Assembly is in recess for summer, with the state House of Representatives scheduled to return to session Sept. 17 and the Pennsylvania Senate coming back to the Capitol on Sept. 23.

Hearsay Exception

Gov. Tom Wolf signed into law a measure that extends the “tender-years” hearsay exception to allow statements from persons with intellectual disabilities or autism to be accepted into evidence without them sitting on the witness stand in criminal cases.

Pennsylvania Sen. Dan Laughlin, R-Erie, who introduced Senate Bill 469, announced the bill-signing July 1.

Laughlin said the new law would provide stronger protections for crime victims and ensure they have more opportunities to participate in the judicial process.

While hearsay evidence is generally prohibited in a criminal trial, the “tender years exception” allows for a statement made by a child under age 12 to some other person to become admissible against a defendant. SB 469 expands that rule.

Under the new law, statements from a victim who is intellectually disabled or autistic will be admissible in court provided that: the evidence is relevant; the content and circumstances of the statement provide sufficient signs of reliability; and the victim is otherwise not able to testify in person. According to the U.S. Department of Justice, people with intellectual disabilities are sexually assaulted at a rate seven times higher than people without disabilities.

“I am pleased that we were able to enact this important protection for some of Pennsylvania's most vulnerable citizens,” Laughlin said. “Predators are more likely to target people with disabilities or severe autism because they believe these victims can be easier to manipulate or may have difficulty testifying later. It compounds the pain when these victims have trouble communicating. Under this new law, statements they make outside of a formal—and often intimidating—courtroom will be admissible as evidence as long as they are deemed by a judge to be reliable.”

The measure is now designated as Act 30 of 2019.

Farm Bill

Wolf on July 1 signed into law 11 pieces of legislation that make up the Pennsylvania Farm Bill, which is aimed at making $23.1 million in strategic investments into the agriculture industry to grow opportunities and resources, remove barriers to entry, and cultivate future generations of leaders within agriculture.

Wolf administration officials said the Farm Bill represents the largest-ever investment in Pennsylvania agriculture.

“The agricultural industry is the backbone of Pennsylvania's economy. The PA Farm Bill is bold, aggressive, and necessary to protect our farming heritage and inspire the next generation of Pennsylvania farmers,” Wolf said. “Our commonwealth flourishes when Pennsylvanians have access to high-quality, locally sourced products—and when our farmers are competitive in a diverse range of markets. The historic investments made through the PA Farm Bill will improve the lives of all residents for years to come and create a pathway for a dynamic and prosperous farming economy in Pennsylvania.”

The PA Farm Bill was modeled after a six-point plan, first presented publicly by Wolf last August at Ag Progress Days, Pennsylvania's largest annual outdoor agricultural exposition.

Military Education

Wolf on July 1 signed into law House Bill 1324, known as the PA GI Bill, which creates a program allowing spouses and children of Pennsylvania National Guard members to attend college at no or reduced cost.

The PA GI Bill, or Military Family Education Program, is the first program of its kind in the nation, according to a statement from the Wolf administration.

“Pennsylvania National Guard members and their spouses and children give a tremendous sacrifice to keep residents safe. These families endure hardships that include many sleepless nights away from one another during overseas deployments, training exercises and domestic emergencies,” Wolf said. “The Military Family Education Program is a fitting way to pay tribute to the families who give this selfless support.”

Under the PA GI Bill, National Guard members who commit to an additional six years of service can receive five years of higher education benefits for their spouses and children. The program will provide for 10 semesters of tuition-free education for family member(s). The benefit must be used at a Pennsylvania Higher Education Assistance Agency-approved educational institution, and at the tuition rate set by the Pennsylvania State System of Higher Education.

The PA GI Bill could benefit up to 8,000 military family members.

In addition to supporting military family members, this program would also improve retention in the Pennsylvania National Guard—the nation's third-largest—and strengthen its readiness, the statement said.

Occupational Licensing

Wolf on July 1 announced he signed a bill designed to ease the path to professional licensure and employment for new Pennsylvanians with out-of-state occupational licenses.

House Bill 1172, sponsored by state Rep. David Hickernell, R-Lancaster, passed unanimously in both houses of the General Assembly. It enhances the “portability” of out-of-state licenses and reduces barriers to entry to licensed professionals in Pennsylvania.

Wolf said the measure would be of special relevance to military spouses who move to Pennsylvania.

“This new law will reduce barriers for new Pennsylvanians to work here and shows this is a land of opportunity,” Wolf said in a statement. “Portability is especially helpful for members of the military and their spouses who frequently move between states in service of the country and often have difficulty quickly getting a license to work in their profession.”

According to a statement from the Wolf administration, the new law provides for licensure by endorsement from the boards and commissions under the Bureau of Professional and Occupational Affairs in the Department of State. The license could be issued on an individual basis if the out-of-state licensure requirements are substantially similar to Pennsylvania's requirements.

The boards also have the authority to grant a provisional endorsement license while an applicant completes requirements specific to Pennsylvania, such as required child-abuse training.

Prior to the reform, many professionals licensed out-of-state had to complete Pennsylvania's entire licensing process.

Wolf said the new measure creates an opportunity for more sweeping licensing reforms.

The measure is now Act 41 of 2019.

'Clean Slate'

One of the first building blocks of criminal justice reform efforts—automatic criminal-records sealing under the “Clean Slate” law—began June 28.

Under the law, the criminal law enforcement records of persons who have gone 10 years without offending are sealed.

“Today, as the Clean Slate provision for automatic record sealing goes into effect, we will be freeing thousands of people from the handcuffs of history,” Wolf said. “These are people who have spent 10 years or more without reoffending or in some cases who were never found guilty or had their charges dropped.

“These are people who couldn't shake the stigma of making a mistake because our faulty criminal justice system didn't allow them to. I'm proud of the work we've done with the General Assembly and the legislators here today to right this wrong.”

Pennsylvania is the first state to provide automatic sealing of certain low-level criminal records, eliminating the complicated and often prohibitive process of seeking a court order to seal a minor record, said Jenna Moll of the Justice Action Network. She added that 30 million such records are expected to be sealed in the coming year.

According to a statement from the Wolf administration, since December 2018 more than 8,300 people have sought help from Community Legal Services and the Pennsylvania Bar Association on MyCleanSlatePA.com, which offers free legal counseling via an online form. The site, with more than 31,000 visits, also explains the Clean Slate process and offers links to look up public court records.