Capitol Recap February 21, 2019 COMMITTEE NEWS CONTENTS Comprehensive coverage of House & Senate public hearings & voting meetings COMMITTEE NEWS 1 House Judiciary Committee NEW LEGISLATION 21 LEGISLATIVE ACTIONS 23 2/21/2019, 12:20 p.m., Room G-50, Irvis Office Building UPCOMING MEETINGS 27 By Nicole Trayer, Pennsylvania Legislative Services The committee met to consider legislation. SESSION STATUS At 3:34 p.m. on Tuesday, HB 505 Kauffman, Rob - (PN 493) Amends Title 42 (Judiciary and Judicial Procedure), February 5, 2019 the in depositions and witnesses, expanding the number of serious crimes under the tender Senate stands in recess years exception. Effective in 60 days. (PN 493) Amends Title 42 (Judiciary and Judicial until Monday, March 18, Procedure), in depositions and witnesses, expanding the number of serious crimes under 2019 at 1:00 p.m., unless the tender years exception. Effective in 60 days. - The bill was unanimously reported as sooner recalled by the committed. President Pro Tempore. At 1:47 p.m. on Thursday, Rep. Tarah Toohil (R-Luzerne) recommended the committee also look into the Tender Years February 21, 2019 the exception specifically regarding what “triggers the threshold to allow children to be protected.” House returned briefly and She noted an instance in her county where a case was deemed too traumatic for the child to now stands adjourned until be in attendance, but the child was not covered under the Tender Years exception. Monday, March 11, 2019 at 1:00 p.m., unless sooner HB 503 Everett, Garth - (PN 491) Amends Title 42 (Judiciary and Judicial Procedure), in recalled by the Speaker. depositions and witnesses, adding a subchapter providing for procedures to protect victims UPCOMING SESSION DAYS and witnesses with intellectual disabilities or autism. The intent of the bill is to provide House procedures which will protect material witnesses or victims of crime with intellectual disabilities Mar. 11, 12, 13, 18, 19, 20, or autism during their involvement with the criminal justice system. The bill outlines when 25, 26, 27 an out-of-court statement made by an individual with an intellectual disability or autism who April 8, 9, 10, 15, 16, 17, is a victim or witness describing enumerated offenses would be admissible in evidence. 29, 30 Enumerated offenses include homicide, assault, kidnapping, human trafficking, sexual May 1, 6, 7, 8, 13, 14, 15, offenses, burglary, robbery, incest, and corruption of minors. Effective in 60 days. (PN 491) 22, 23 Amends Title 42 (Judiciary and Judicial Procedure), in depositions and witnesses, adding June 3, 4, 5, 10, 11, 12, a subchapter providing for procedures to protect victims and witnesses with intellectual 17, 18, 19, 20, 24-28 disabilities or autism. The intent of the bill is to provide procedures which will protect material Budget hearings: Feb. 11 witnesses or victims of crime with intellectual disabilities or autism during their involvement - Mar. 7 with the criminal justice system. The bill outlines when an out-of-court statement made by Senate an individual with an intellectual disability or autism who is a victim or witness describing Mar. 18, 19, 20, 25, 26, 27 enumerated offenses would be admissible in evidence. Enumerated offenses include April 8, 9, 10, 29, 30 homicide, assault, kidnapping, human trafficking, sexual offenses, burglary, robbery, incest, May 1, 6, 7, 8 and corruption of minors. Effective in 60 days. - The bill was unanimously reported as June 3, 4, 5, 10, 11, 12, committed. 17, 18, 19, 24-28 Rep. Garth Everett (R-Lycoming), prime sponsor of the bill, explained that this bill would Budget hearings: Feb. 19 expand the Tender Years exception to individuals with intellectual disabilities or autism. - Mar. 7 Rep. Dan Miller (D-Allegheny) expressed concern over word choice in the bill with the phrase “any other person” on page four, line 23 of the bill. Karen Dalton, senior counsel for the committee, said that language comes directly from the existing Tender Years statute. Rep. Provided by Pennsylvania Miller said there is not a specific “years” component in this bill and opined that the language Legislative Services in this bill is putting all individuals with autism into one category. Reiterating his concern over 240 N. 3rd St. 6th Floor word choice, he added that the examples provided in the bill of those who can provide expert Harrisburg, PA 17101 testimony on a witness’s diagnosis need to be clear cut. 717.236.6984 phone 717.236.5097 fax Rep. Everett replied that this bill would not apply to anyone with an autism diagnosis or www.mypls.com intellectual disability, but that a judge has to make the determination whether that individual’s impairment would allow them to fall under the Tender Years exception. Rep. Miller clarified that his concern is not necessarily in the judge’s decision, but rather in who is providing the information to the judge. Rep. Jason Dawkins (D-Philadelphia) asked whether the use of the word “may” rather than the word “shall” on page four, line 20 of the bill impacts the discretion of the court when making a determination of the witness’s ability to testify. Dalton said that language refers to who the judge may question when making a determination, but that the determination must be made by the judge. Rep. Toohil said the word used should be “may” to prevent taking away the judge’s discretion to determine if that person is a qualified witness. Dalton added that line 14 on page four includes the “operative language telling the judge that he must make a determination,” therefore the “may” refers to who the judge may question in doing so. HB 504 Mihalek, Natalie (F) - (PN 492) Amends Title 18 (Crimes and Offenses) adding language amending section 3104 relating to evidence of victim›s sexual conduct. Requires a defendant who proposes to offer evidence of the alleged victim›s past sexual victimization, allegations of past sexual victimization, opinion evidence of the alleged victim›s past sexual conduct and reputation evidence of the alleged victim›s past sexual conduct to file a written motion and offer proof at the time of trial. Also expands the number of crimes subject to the protections under the rape shield law. Effective in 60 days. (PN 492) Amends Title 18 (Crimes and Offenses) adding language amending section 3104 relating to evidence of victim›s sexual conduct. Requires a defendant who proposes to offer evidence of the alleged victim›s past sexual victimization, allegations of past sexual victimization, opinion evidence of the alleged victim›s past sexual conduct and reputation evidence of the alleged victim›s past sexual conduct to file a written motion and offer proof at the time of trial. Also expands the number of crimes subject to the protections under the rape shield law. Effective in 60 days. - The bill was unanimously reported as committed. Rep. Natalie Mihalek (R-Allegheny), prime sponsor of the bill, said this would improve the Rape Shield Law by “including additional offenses in which evidence of a victim’s past sexual conduct is inadmissible.” She noted the importance of this legislation to victims of sex trafficking. HB 502 Hershey, Jonathan (F) - (PN 490) Amends the Crime Victims Act adding language providing victims of crime have the right not to be excluded from any criminal proceeding unless the court, based on the record before it, determines that testimony would be materially altered if the victim heard other testimony at the proceeding. Effective in 60 days. (PN 490) Amends the Crime Victims Act adding language providing victims of crime have the right not to be excluded from any criminal proceeding unless the court, based on the record before it, determines that testimony would be materially altered if the victim heard other testimony at the proceeding. Effective in 60 days. - The bill was unanimously reported as committed. Rep. John Hershey (R-Juniata), prime sponsor of the bill, said this legislation allows crime victims the right to be included in a criminal proceeding when they are the victim unless determined by the court that their testimony could be materially altered if they were to attend. Rep. Dawkins asked what definition of victim was being used in this bill. Dalton said it is the same definition as found currently in the Pennsylvania Crime Victims Act. HB 276 Delozier, Sheryl - (PN 284) Joint resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, establishing rights of victims of crime, dubbed Marsy›s Law. Constitutional amendments require approval in two consecutive legislative sessions and then approval by the voters through a referendum. (PN 284) Joint resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, establishing rights of victims of crime, dubbed Marsy›s Law. Constitutional amendments require approval in two consecutive legislative sessions and then approval by the voters through a referendum. - The bill was reported as committed with Rep. Dawkins, Rep. Paul Schemel (R-Franklin), Rep. Summer Lee (D-Allegheny) and Rep. Chris Rabb (D-Philadelphia) voting in the negative. Rep. Sheryl Delozier (R-Cumberland), prime sponsor of the bill, said this would establish a Victims Bill of Rights through a constitutional amendment. She added that the hope is for the referendum to be on the ballot this fall. Chairman Rob Kauffman (R-Franklin) invited Jen Riley, Marsy›s Law Pennsylvania State Director, and Jennifer Storm, 2 victim advocate, to come before the committee and address any questions or concerns. Minority Chairman Tim Briggs (D-Montgomery) expressed concern over the lack of a public hearing for this bill and made a motion to postpone a vote on the bill until a public hearing could be held upon the return to session in March.