House Judiciary Committee - bills to watch carefully

[WhiteFeather]

Got this email- - Two FIREARM bills to focus on ..... HB 784 and HB 1744

I know the ACSL oppossed HB 1744 in current from and offered amendments to correct language. (A03220 by Marsico) to correct some of the bad lanaguage to in bill to define "firearm" also clarfied with exceptions to lending firearms for legal purposes as already defined in law.

ACSL also supported HB 784 IF it is amended with Amendment # A03952 (by Rep. Marsico). We very much support efforts to interdict the illegal sale and transfer of firearms. We believe that this legislation, incorporating amendment #A03952, will provide the necessary tools to accomplish this. .

From: PA Federation of Sportsmen's Clubs [mailtofsc@pa.net]
Sent: Thursday, November 01, 2007 11:02 AM
To: PFSC
Subject: Committee Reports - House Judiciary 10-31-07


House Judiciary

HARRISBURG - (10/31/07, 9:00 a.m., Room G-50, Irvis Office Building)

The House Judiciary Committee met to consider nine bills. (Two related to firearms.)


SB 117 Costa, J - (PN 1466) Amends Title 42 (Judiciary) by creating the Juvenile Court Judges' Commission. The commission would have the power and is required to: (1) advise the juvenile court judges of PA in all matters pertaining to the proper care and maintenance of delinquent and dependent children, (2) examine the administrative methods and judicial procedure used in juvenile courts throughout PA, establish standards and make recommendations on the same to the courts presiding over juvenile proceedings within PA, (3) examine the personnel practices and employment standards used in probation offices in PA, establish standards and make recommendations on the same to courts presiding over juvenile proceedings within PA, and (4) collect, compile and publish such statistical and other data as may be needed to accomplish reasonable and efficient administration of the juvenile courts system. Also, the Commission would have the power, and its duty would be, to make annual grants to political subdivisions for the development and improvement of probation services for juveniles. The General Assembly would annually appropriate such funds as it deems to be necessary for the operation and expenses of the commission. (Prior Printer Number: 156, 1429, 1457) - The bill was unanimously reported as committed.


HB 958 Cruz - (PN 1124) Amends Title 75 (Vehicles) by providing for the judicial imposition of community service upon plea and proof that a person is without the financial means to pay fines and costs. Court-ordered community service may be imposed in lieu of payment up to 50% of the fine and costs. - The bill was unanimously reported as amended.

A04017 by Caltagirone, removes the 50% limit in order to render the provisions in the vehicle and judicial codes identical. The amendment was unanimously adopted.


HB 973 Mackereth - (PN 1137) Amends the PA Commission on Crime and Delinquency Law establishing the Center for Evidence-based Crime Prevention Research and stating its powers and duties would include: (1) Research and evaluate, monitor and promote programs to prevent crime and juvenile delinquency, as well as to reduce and prevent violence; (2) Determine the cost effectiveness of such programs; (3) Assist the commission with its powers and duties; (4) Assist the Juvenile Justice and Delinquency Prevention Committee with its powers and duties; and (5) Assist the Targeted Community Revitalization and Crime Prevention Advisory Committee with its powers and duties. - The bill was passed over.


HB 784 Petri - (PN 903) Amends Title 18 (Crimes and Offenses) further providing for the offense of sale or transfer of firearms by adding that anyone who knowingly or intentionally sells, delivers or transfers a firearm under circumstances intended to provide a firearm to any person who is unqualified or ineligible to control, possess or use a firearm would have a mandatory minimum sentence of imprisonment of five years. A second or subsequent violation would result in the permanent revocation of any license to sell, import or manufacture a firearm. - The bill was reported as amended by a vote of 23-5, with Representatives Harold James (D-Philadelphia), John Pallone (D-Westmoreland), Greg Vitali (D-Delaware), Tom Creighton (R-Lancaster) and Bryan Lentz (D-Delaware; proxy) voting in the negative.

A03952 by Marsico, clarifies vague language, and changes the mandatory minimum sentence of five years to apply only to crimes of violence. Additionally the amendment clarifies the law as it pertains to the loaning and lending of handguns, and adds a new section regarding a public information campaign on the law. The amendment was unanimously adopted.

Rep. Pallone asked if the loan provision would apply to credit card purchases. Rod Corey, minority caucus counsel, explained credit card purchases would not be subject to the law. He did acknowledge that gun collections used as security in loans could be a problematic issue, however.

Citing Section 6115 of the bill, Rep. Pallone asked if the legislation prohibits the loaning of guns to anyone, such as in cases of hunting parties. Corey enumerated a number of exceptions to the law, and also stressed the prohibitions apply only to handguns, not long guns. He further stated a non-sanctioned event such as target shooting at an NRA meeting would be permitted by law.

Rep. Vitali inquired what crimes would trigger the mandatory minimum five- year sentence. Chairman Tom Caltagirone (D-Berks) listed the various crimes subject to the mandate, and clarified it will apply to the purchaser, transferee or final buyer. Rep. Vitali voiced his belief that mandatory minimum sentencing "disrespects the judiciary" because it strips from judges the chance to consider mitigating or extenuating circumstances when rendering judgment.

Rep. Lentz stated he opposes minimum mandatory sentencing because there is a "limitless fault pattern" which gun buyers and sellers fall into under the law. Rep. Will Gabig (R-Cumberland) remarked, "Five years is nothing for the lives that are being taken" as a result of illegal gun exchanges. Rep. Kathy Manderino (D-Philadelphia) commented she is glad the committee is taking the issue of straw purchases seriously, though minimum mandatory sentencing still needs to be addressed. Rep. Harold James (D-Philadelphia) and Jewell Williams (D-Philadelphia) concurred in this assessment.

HB 1099 Saylor - (PN 1330) Amends Title 23 (Domestic Relations) further providing for persons qualified to solemnize marriages by stating that the term "regularly established church or congregation" excludes churches or congregations through which ordination is available by mail order or via the Internet or any other electronic means. - The bill was referred to the Subcommittee on Courts.


HB 1425 Cohen - (PN 1802) Amends Title 18 (Crimes and Offenses) further providing for exceptions to prohibition of interception and disclosure of communications by adding that in an employment situation, consent to interception of communication would be established only if the employer provides clear and conspicuous notice to its employees describing the form of communication or computer usage that will be monitored, the means by which such monitoring will be accomplished and the kinds of information that will be obtained through such monitoring, the frequency of such monitoring, and how information obtained by such monitoring will be stored, used or disclosed. The legislation also creates the offense of video or audio monitoring and states that no employer may engage in video or audio monitoring of an employee in a bathroom, dressing room, locker room or other areas where employees change clothing unless such monitoring is authorized by court order. An employer who intentionally and knowingly violates this provision commits a misdemeanor of the third degree. - The bill was passed over.


HB 1744 Caltagirone - (PN 2323) Amends Title 18 (Crimes and Offenses) providing for a notice of limits on lending or transferring a handgun. Each purchaser of a firearm would receive a copy of a notice, to be promulgated by the Pennsylvania State Police, containing the information regarding limits on lending or transferring a handgun. The bill also states that the Joint State Government Commission would conduct a continuing study for the purpose of evaluating the extent to which multiple purchases of firearms by any individual during the period of the study are a contributing factor to the use of firearms in criminal activity. The bill adds that the Attorney General would have the authority to investigate and to institute criminal proceedings for any violation of this chapter. The bill was reported as amended by a vote of 25-3, with Representatives Gabig, Joe Petrarca (D-Westmoreland), and Jesse White (D-Washington) voting in the negative.

A03220 by Marsico, clarifies several provisions, including replacing the term "handgun" with "firearm." The amendment was unanimously adopted.

A03962 by Marsico, establishes a firearm safety education program within the Attorney General's office. The amendment was unanimously adopted.

Rep. Manderino voiced concern about legislative findings and declarations, and wondered if language in the bill citing by reference a particular education program, but requiring the department to offer a program "such as" that particular one is necessary. Chief Counsel Bill Andring explained that legally, the legislative findings do not dictate the actions of the department, but merely recognizes an existing program that has been successful elsewhere.

Referring to Section 3104, line 49 of the bill, Rep. Pallone inquired if priority is based on the number of firearm incidents in a particular county, and also if the reference to schools means "school buildings" or "school districts." Andring offered his interpretation of line 49 is that it is based on a per capita value, not an overall total. He also stated the school reference refers to school buildings, not school districts. Rep. Manderino commented on the need for a system that rationally delivers a percentage that reflects the "balance of children" in an area. Rep. Pallone expounded on his concern, noting that some elementary schools are "untraditional" in that their grade cutoffs vary from the normal K-6th. Andring pointed out that "elementary school" is defined in the education code, and further explained that the programs are designed to apply to specific age groups within the elementary school classification.

A03989 by Caltagirone, makes changes to the study, and appropriates $50,000 to the State Police for providing information. The amendment was unanimously adopted.

A04003 by Caltagirone, makes changes to the authority of the Attorney General's office, allows for the AG's office to consult with District Attorneys in establishing a task force, and appropriates $3 million for task forces. The amendment was unanimously adopted.

Rep. Gabig, noting the correlation between drug and firearm problems, inquired if the possibility exists to combine gun and drug task forces. Chairman Caltagirone acknowledged there is nothing in the legislation that would prohibit such an initiative.

A03988 by Pickett, requires the State Police to disseminate notice to gun retailers. The amendment was unanimously adopted.

HB 1961 Bennington - (PN 2719) Amends Title 23 (Domestic Relations) by requiring a prospective adoptive parent or any individual over 18 years of age residing in the same home who has lived outside of PA at any time within the previous five-year period to submit a certification from each state in which the person lived as to whether the person is named as a perpetrator of child abuse. If the certification shows the person has been named as a perpetrator of child abuse within the previous five-year period, the certification will be forwarded to the department for review. - The bill was unanimously reported as committed.


SB 737 Rafferty - (PN 1188) Amends the act entitled, "An act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for purchase, consumption, possession or transportation of liquor or malt or brewed beverages and for inducement of minors to buy liquor or malt or brewed beverages," extending the expiration provision through 2017. Currently the act expires December 31, 2007. (Prior Printer Number: 806) - The bill was unanimously reported as committed.

[Brick]

Regarding HB 1744, it has come out of the Judiciary Committee been read twice on the House floor and submitted for review to the Appropriations Committee.

But with serious changes Please see
http://www.legis.state.pa.us/CFDOCS/...r=1744&pn=2806

For the complete re-working of the bill! (I orignally wanted to post the entire reworked bill here, but it would use up much bandwidth) My short version of the changes follows:

A stiff mandatory felony sentence awaits those who knowingly fence stolen guns.

The "Notice of responsibility" pretty much remains, but has been broadened to require the PSP to provide (free) brochures explaining UFA to licensed dealers.

The "superior powers" for the Atty Gen'l to conduct firearms investigations has been removed entirely, except the AG can partner with a local DA to form an anti-crime task force, but the AG must act within limits of his existing powers.

The study regarding the effect of "multiple purchases" on illegal sales stays in.

And added as part of the Atty Gen'ls office is a bureau to provide training money in the form of grants to school districts to train children in firearms safety via the NRA's "Eddie Eagle Program"