The House Judiciary Committee met to consider several bills.

[larrymeyer]

These are by no means all bill considered today but two that deal with title 18


House Judiciary
HARRISBURG - (12/11/07, 10:00 a.m., Room G-50, Irvis Office Building)
The House Judiciary Committee met to consider several bills.


HB 1845 Sabatina - (PN 2516) Amends Title 18 (Crimes & Offenses) further providing for possession of firearms with altered manufacturer's numbers by increasing the grading of the offense to a felony of the second degree (from a misdemeanor of the first degree). Additionally, the legislation deletes language creating a presumption that possession of a firearm upon which any identification mark is changed, altered, removed or obliterated is be prima facie evidence that the possessor made the change or alteration and language providing for appellate review in instances where the identification mark is changed. - The bill was reported as committed by a vote of 28-1 with Rep. Joe Petrarca (D-Westmoreland) voting the negative.

Rep. John Sabatina (D-Philadelphia), the sponsor of the bill, said it changes the grading for this offense to a felony of the second degree.

Rep. Manderino asked why the offense is being moved from a first degree misdemeanor to a second degree felony. Rep. Sabatina replied that it would make possession of a firearm with an altered serial number the same as the act of actually altering the number.

Rep. Gabig asked if this bill would include all guns, including rifles. Rep. Sabatina replied that it doesn't include rifles or other long guns. Rod Corey, minority caucus counsel, replied that this bill applies to all guns based on the definition. Rep. Sabatina said his intent was to include handguns but not long guns. Rep. Gabig said he would like to clarify this issue with an amendment.

Rep. Dan Frankel (D-Allegheny) suggested that there is no good reason to file a serial number off of a rifle. In his opinion, the penalty should be the same for all guns. Rep. Gabig argued that the difference is that under state law you can give shotguns away to someone but you can't give away handguns without registering them. He said he would like to support this legislation but he wants to clean up the language.

HB 323 Pyle - (PN 364) Amends Title 18 (Crimes and Offenses) further providing for drug delivery resulting in death by changing the penalty for a person who intentionally, knowingly or recklessly administers, dispenses, delivers, gives, prescribes, sells or distributes any controlled substance or counterfeit controlled substance to another person that results that person's death to a felony of the first degree as opposed to murder in the third degree. - The bill was reported as committed by a vote of 23-6 with Representatives Lisa Bennington (D-Allegheny), Dan Frankel (D-Allegheny), Harold James (D-Philadelphia), Deberah Kula (D-Fayette), Kathy Manderino (D-Philadelphia) and Greg Vitali (D-Delaware) voting in the negative.

Rep. Jeff Pyle (R-Armstrong) said this bill is the result of the death of a girl in western Pennsylvania from taking ecstasy. He said the prosecutor in that case could not show malice in trying to go after the dealer who dealt her the drugs. He explained that this bill would not require a show of malice, and he added that it makes the offense a first degree felony instead of murder in the third degree.

Rep. Greg Vitali (R-Delaware) asked what drugs this bill refers to. Rep. Pyle replied that it doesn't matter if the dealing of the drug results in the death of the user. Rep. Vitali commented that the legislature passes laws that affect one or two cases but in fact this would affect all 12 million people in Pennsylvania. He suggested that this could result in injustice if a college student gives a drug to a friend who dies from using it because that student would have a mandatory five-year sentence. He remarked that he wants judges to look into the facts and circumstances in each case so they can provide justice.

Rep. Daylin Leach (R-Montgomery) commented that his problem with this legislation is the definition of the underlying offense. He said this is a strict liability offense and there are not many of them in Pennsylvania law. He expressed concern if a drug dealer is charged under this when someone takes drugs to commit suicide. This can result in unjust responses, he opined, adding that he believes there is a way to address this without mandatory sentences.

Rep. Pyle remarked that dealing drugs is already illegal and those doing it should be punished. He said the point of this legislation is to penalize someone who deals a Schedule 1 narcotic for profit when they know the drug is lethal. Rep. Leach suggested that the language of the bill should be worked on to make it more even across the board because he is concerned about punishing people for things they have no control over.

Minority Chairman Ron Marsico (R-Dauphin) offered that this is not one isolated case, commenting that heroin deaths are occurring all across the state. He suggested that the state should get tougher on people who poison children and it results in death