Capitol Report
Following is a listing of executive and legislative action from the week of Dec. 16. Both houses of the General Assembly were in recess at press time. The Pennsylvania Senate and state House of Representatives were each scheduled to return to session Jan. 7, 2020.
December 20, 2019 at 01:00 PM
6 minute read
Following is a listing of executive and legislative action from the week of Dec. 16. Both houses of the General Assembly were in recess at press time. The Pennsylvania Senate and state House of Representatives were each scheduled to return to session Jan. 7, 2020.
Criminal Justice
Gov. Tom Wolf on Dec. 18 signed into law two criminal justice bills, passed on bipartisan votes, one aimed at emphasizing treatment options over incarceration and another stressing rehabilitation of inmates and preparation to reenter society.
The measures are part of the administration's Justice Reinvestment Initiative (JRI 2). Wolf praised the two bills as a bipartisan effort to make the state's justice system fairer while keeping communities safe.
Senate Bill 500, sponsored by Pennsylvania Sen. Lisa Baker, R-Luzerne, creates a County Adult Probation and Parole Advisory Committee that would make grants to counties to fund, among other things, intermediate punishment programs.
SB 500 was enrolled as Act 114 of 2019.
Senate Bill 501, sponsored by Sen. Tom Killion, R-Delaware, is aimed at streamlining sentencing processes and changing the direction the General Assembly gives to the Pennsylvania Commission on Sentencing. The new law is meant to incentivize counties to expand their use of tools like intermediate punishment, drug offender treatment and motivational boot camp, and implement and improve recidivism risk reduction programs.
SB 501 was enrolled as Act 115 of 2019.
"I am here today to recognize the passage of the second part of the Justice Reinvestment Initiative, or "JRI 2," Wolf said. "These important pieces of legislation will cut red tape, reducing bureaucracy will result in savings of time and money, and we will reinvest those savings into criminal justice programs that reduce recidivism, increase public safety, and better serve victims of crime."
A third measure awaited action in the state House of Representatives at press time. Senate Bill 502, sponsored by Sen. Camera Bartolotta, R-Washington, would amend the Crime Victims Act to better provide information and compensation to victims.
Gun Safety
State Attorney General Josh Shapiro on Dec. 16 announced in a legal opinion that "80% receivers," which are commonly used to make unserialized "ghost guns," are properly classified as firearms under Pennsylvania law.
The opinion, which interpreted the Pennsylvania Uniform Firearms Act, was issued in response to the growing use of untraceable guns and to assist law enforcement authorities in addressing the problems created by "ghost guns."
According to a statement from the Attorney General's Office, a receiver, or frame, is the part of the firearm that houses the internal firing components. An "80% receiver" —which typically bears no serial number—is one that is in an incomplete stage of manufacture. It can easily be turned into a functioning firearm.
The attorney general's legal opinion resolves uncertainty over whether 80% receivers can be regulated in the same way as fully finished receivers.
The statement said this gap in enforcement made these weapons easily accessible to criminals and those prohibited from purchasing firearms, including convicted felons and domestic abusers.
"My office is taking the initial step of clarifying—through my official, legal opinion—that under Pennsylvania law, 80% receivers are firearms and can be treated, regulated and enforced as such," Shapiro said during a Capitol news conference where he was joined by Wolf and Pennsylvania State Police leaders. "The proliferation of these untraceable weapons strikes at the heart of our public safety, hindering law enforcement's ability to protect our communities."
Shapiro's opinion was authorized under the Commonwealth Attorneys Act.
Sunday Hunting
Wolf on Dec. 17 formally signed legislation allowing hunting on up to three Sundays each year. Senate Bill 147, sponsored by Sen. Dan Laughlin, R-Erie, provides for hunting on three Sundays: one during rifle deer season, one during the statewide archery deer season and one on a
Sunday determined by the Pennsylvania Game Commission. It makes trespassing while hunting a primary offense and increases penalties for violations. The new law further provides that hunters must have the written permission of the landowner to hunt on private property on any Sunday.
The measure was enrolled as Act 107 of 2019.
Opioid Addiction
A bill to place the drug carfentanil on the list of controlled substances has been passed by the state House of Representatives.
House Bill 616, which was sponsored by state Rep. Clint Owlett, R-Tioga, was approved unanimously Dec. 16.
"We need to do all we can to keep this drug out of our commonwealth," Owlett said in a statement.
Designation as a Schedule II controlled substance would severely restrict availability of the drug and make it illegal to possess or distribute it without a license or a prescription.
"The opioid crisis has hit our communities and our families so hard, and it does not discriminate based on age, race, economic status or geography," Owlett said. "Carfentanil is a particularly potent and dangerous drug that even puts our public safety and health care providers at risk when they try to help someone who is using it."
According to the Centers for Disease Control and Prevention, carfentanil is 10,000 times stronger than morphine and 100 times more powerful than fentanyl.
The bill now goes to the Senate for consideration.
Overdose Victims
Legislation requiring overdose victims to obtain an evaluation by a certified recovery specialist has been passed by the state House.
House Bill 137, which was sponsored by state Rep. Chris Quinn, R-Delaware, was approved on a 122-72 vote in the House on Dec. 17.
"Under the current Good Samaritan Law, overdose victims are not charged with any drug-related crimes, but unfortunately they continue to fall into a cycle of continuous overdosing due to a lack of treatment," Quinn said in a statement. "This legislation ensures the victims are receiving the treatment they so desperately need."
The measure would require any overdose victim who receives immunity through the Good Samaritan Law to receive an assessment by a certified recovery specialist.
It now proceeds to the Senate for consideration.
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