Monday, April 16, 2007
Senate Bill 397 (Regola) would amend the Judicial Code to add a
section providing for a central or regional booking fee of no more than
$200. The bill specifies that a person could be required to pay a central
or regional booking fee if he or she is placed on probation without verdict
pursuant to the Controlled Substance, Drug, Device and Cosmetic Act; or
receives accelerated rehabilitative disposition for, pleads guilty or nolo
contendere to, or is convicted of the crimes enumerated in the legislation.
Senate Bill 1140 provides that any booking fee collected be paid to the
county and deposited into a special central or regional booking center fund
to be used for the implementation of a countywide booking center plan and
the start-up, operation or maintenance of a central or regional booking
center.
A county-wide booking center plan would have to be
adopted by the criminal justice advisory board of the county or the district
attorney, local police and municipalities within the county before the fee
could be imposed. The countywide booking center plan would include a
comprehensive strategy to improve the collection, transfer and maintenance
of electronic offender identification information and ensure coordination of
all criminal justice agencies within the county. Funds could not be
dispersed until a plan is adopted and no more than five percent of the funds
could be used for administrative purposes. The legislation would charge the
Pennsylvania Commission on Crime and Delinquency with the responsibility of
adopting guidelines related to technology standards for the collection and
transmission of offenders' identification and certifying that the county
plans comply with these standards. Passed: 47-2.
Senate Resolution 42 (Browne) directs the Joint State Government
Commission to establish a task force to study the current system for
providing services to indigent criminal defendants, to review how other
states provide these services, and to make recommendations to the Senate.
Adopted by Voice Vote.
Senate Resolution 65 (D. White) designates April 16 through 20, 2007 as
"Community Banking Week" in Pennsylvania. Adopted: 49-0.
Senate Resolution 81 (Greenleaf) designates the month of April 2007 as
"Hemophilia Awareness Month" in Pennsylvania. Adopted by Voice Vote.
Senate Resolution 82 (Brubaker) designates April 17, 2007 as
"Pennsylvania Farm Bureau Day" and congratulates Pennsylvania Farm Bureau
members for their contribution to the Commonwealth and its agricultural
community. Adopted by Voice Vote.
Senate Resolution 83 (Tartaglione) observes the week of April 22 through
28, 2007 as "Crime Victims' Rights Week" in Pennsylvania. Adopted by Voice
Vote.
Senate Resolution 84 (Fontana) recognizes the week of April 15 through
21, 2007 as "National Library Week 2007" in Pennsylvania. Adopted by Voice
Vote.
Senate Resolution 85 (Costa) designates April 18, 2007 as "Transplant
Nurses Day" in Pennsylvania. Adopted by Voice Vote.
Tuesday, April 17, 2007
Senate Bill 121 (Costa) would amend the Crimes Code to clarify the
definition of burglary. Under the bill, a person would commit burglary if,
with the intent to commit a crime therein, the person enters a building or
occupied structure, or separately secure or occupied portion thereof, that
is adapted for overnight accommodations in which a person is present at the
time of the offense. The same provisions would apply regardless of whether
the structure is adapted for overnight accommodations and/or a person is
present at the time of the offense. It would be a defense to prosecution if
at the time of the commission of the offense, the building or structure was
abandoned, the premises were open to the public, or the actor is licensed or
privileged to enter. Passed: 49-0.
Senate Bill 233 (Kasunic) would authorize the Department of General
Services to convey approximately 108 acres in Somerset Township, Somerset
County to the county for $290,000. All costs and fees incurred by the
Department of Corrections in replacing a storage building located on the
property to be conveyed would be deducted from the purchase price and
transferred to the appropriation from which the costs and fees were paid by
the Department of Corrections. The remaining funds would be deposited in
the General Fund. Passed: 49-0.
Senate Bill 432 (Gordner) would amend the Controlled Substance, Drug,
Device and Cosmetic Act to create and define the offense of operating a
methamphetamine laboratory and illegal dumping of methamphetamine waste.
The offense of operating a methamphetamine laboratory would be a second
degree felony unless it is committed within 1,000 feet of a school or day
care, or within 250 feet of a recreation center or playground, in which case
it would be a first degree felony. The bill specifically exempts the
manufacturing operation of a licensed pharmaceutical company in the normal
course of business. An additional provision would make it a third degree
felony if a person intentionally, knowingly or recklessly deposits, stores
or disposes on any property a precursor substance, chemical waste or debris
used in or resulting from the manufacture of methamphetamine. This
provision would not apply to the disposal of waste products by a licensed
pharmaceutical company in the normal course of business or pursuant to
federal or state laws regulating cleanup of waste products from the unlawful
manufacturing of methamphetamine. In addition to any other restitution, a
person convicted of this provision would be ordered to reimburse the
appropriate law enforcement agency, emergency medical services organization,
fire company or other organization for the costs of cleaning up the
environmental hazards associated with the operation of the laboratory.
Passed: 49-0.
Senate Bill 433 (Gordner) would amend the Controlled Substance, Drug,
Device and Cosmetic Act to require a person convicted of an offense
involving the operation of a methamphetamine laboratory or the use of a
precursor substance to manufacture methamphetamine to reimburse the
appropriate law enforcement agency for the costs of cleaning up the
environmental hazards associated with the operation. Passed: 49-0.
Senate Bill 434 (Gordner) would amend the Controlled Substance, Drug,
Device and Cosmetic Act to prohibit the knowing possession of ephedrine,
pseudoephedrine, phenylpropanolamine or a product containing these
substances with the intent to manufacture methamphetamine. Proof that a
person had more than 40 grams or 15 packages of any drug containing the
substances would give rise to a rebuttable presumption that the person acted
with intent to manufacture methamphetamine. Proof that a person possessed
any amount of these substances and at the same time possessed any amount of
any precursor substance would give rise to a rebuttable presumption that the
person acted with intent to manufacture methamphetamine. These provisions
would not apply to licensed pharmaceutical manufacturers, wholesalers,
pharmacists, health care professionals or their employees. Passed: 49-0.
Senate Bill 436 (Gordner) would amend the Crimes Code to create and
define the offense of operating a methamphetamine laboratory. An offense
under these provisions would be a second degree felony unless it is
committed within 1,000 feet of a school or day care, or within 250 feet of a
recreation center or playground, in which case it would be a first degree
felony. The bill specifically exempts the manufacturing operation of a
licensed pharmaceutical company in the normal course of business. Passed:
49-0.
Senate Bill 548 (Corman) would establish the Long-Term Care Partnership
Program to reduce future Medicaid costs for long-term care by providing
incentives to individuals to insure against the potentially substantial
costs that arise upon the need for long-term care. The program would be
administered by the Department of Public Welfare in accordance with
requirements for qualified state long-term care insurance partnerships. The
Department of Public Welfare would be required to file a State Plan
amendment with the Centers for Medicare and Medicaid Services of the United
States Department of Health and Human Services by June 30, 2007 in order to
implement the program. The program, and the treatment of assets for
Medicaid eligibility and estate recovery, would be structured and
administered in accordance with federal law and applicable federal
guidelines for qualified state long-term care partnerships. Passed: 49-0.
Senate Resolution 86 (Tartaglione) recognizes April 25, 2007 as "Start!
Walking to Work Day" in Pennsylvania. Adopted by Voice Vote.
Senate Resolution 87 (Fontana) honors the Three Rivers Arts Festival in
the City of Pittsburgh. Adopted by Voice Vote.
Executive Session
Various Nominations, including The Honorable Jeffrey A.
Beard, Ph.D. as Secretary of Corrections and Colonel Jeffrey B. Miller as
Commissioner of the Pennsylvania State Police. (See Attached) Confirmed:
49-0.
