December 12, 2011
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Pennsylvania Senate Republican News Brief

"In recent years, the federal government and 26 other states – including our neighboring states of Maryland, New Jersey, and Ohio – have improved their DNA collection and testing policies. Pennsylvania has not. This bill updates our law to ensure that Pennsylvania investigators have access to the most efficient scientific tools to fight crime."

-- Senate Majority Leader Dominic Pileggi (R-Delaware) on Senate passage of his legislation requiring individuals arrested for serious crimes to submit DNA samples.

Preview

Marcellus Shale, Congressional Redistricting Near Senate Votes

The Senate will be in session Monday beginning at 1 p.m. Legislation that may be considered on the floor this week includes: House Bill 1950, Marcellus Shale, and Senate Bill 1249, Congressional redistricting.

Task Force on Child Protection

The Senate Aging and Youth Committee, chaired by Sen. Kim Ward (R-Westmoreland), will meet Monday to consider Senate Resolution 250, creating the Task Force on Child Protection to review the laws and procedures governing the reporting of child abuse in Pennsylvania. (Off the floor.)

Congressional and General Assembly Redistricting

On Monday, the Legislative Reapportionment Commission will hold a public hearing to adopt a final plan for redistricting the General Assembly. (3 p.m. N. Office Bldg., Rm. 1)

The Senate State Government Committee, chaired by Sen. Chuck McIlhinney (R-Bucks), and the House State Government Committee have scheduled a joint informational session Tuesday on Senate Bill 1249, which will address Congressional redistricting. (10 a.m. N. Office Bldg., Rm. 1)

Review

Senator Pileggi's Legislation to Strengthen DNA Laws Passes Senate

Pennsylvania law enforcement agencies will be able to make better use of DNA evidence under legislation sponsored by Senate Majority Leader Dominic Pileggi (R-Delaware) which was approved by the Senate last week.

Senate Bill 775 will require individuals arrested for serious crimes to submit DNA samples, and it will authorize a new type of DNA search to help identify suspects in unsolved crimes. For more on the measure, please see In the Spotlight and Fast Facts, below.
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Senate Acts to Bolster Penalties for DUI with Child Passengers

The Pennsylvania Senate last week approved legislation sponsored by Sen. John Rafferty (R-Montgomery) that would increase penalties for those driving under the influence with a minor in the vehicle with them when the violation occurs.

Under Senate Bill 539, the maximum fine for a first DUI offense would increase to $1,000 and 100 hours of community service. A second offense would carry a maximum fine of $2,500 and imprisonment of up to six months. Drivers convicted of subsequent offenses could be jailed for up to two years.
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Marcellus Shale, Reapportionment Measures Move Forward

Two Senate committees approved important pieces of legislation on Wednesday.

The Senate Environmental Resources and Energy Committee, chaired by Sen. Mary Jo White (R-Venango), amended and approved House Bill 1950, with Marcellus Shale provisions introduced by Senate President Pro Tempore Joe Scarnati (R-Jefferson).

The Senate State Government Committee, chaired by Sen. Chuck McIlhinney (R-Bucks), approved Senate Bill 1249, legislation to implement Congressional redistricting in Pennsylvania. That bill is expected to return to the State Government Committee for consideration of amendments.

Both bills are in position for final Senate votes this week.

Committee Votes to Bolster Arson Laws

The Senate Judiciary Committee, chaired by Sen. Stewart Greenleaf (R-Montgomery), approved legislation Wednesday that would significantly strengthen Pennsylvania's arson laws.

Senate Bill 903, sponsored by Sen. John Rafferty (R-Montgomery), would create a new class of crime known as aggravated arson. Under the bill, a person can be convicted of aggravated arson if he intentionally starts a fire – or if he aids or pays someone else to start a fire – with the intent to cause bodily injury or knowing that someone was inside the property at the time.

This legislation includes a section on sentencing enhancements to increase the maximum penalty to up to 40 years imprisonment if the arson resulted in bodily injury to a firefighter, police officer or any other person actively engaged in fighting the fire. It also increases the sentencing parameters for up to 40 years imprisonment for anyone convicted of arson that results in the serious bodily injury to any civilian.

This legislation directs the Pennsylvania Commission on Sentencing to provide for increased sentences for anyone convicted of arson where more than three people were inside the property at the time of the offense and in cases where the fire caused more than $1 million in property damage.
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Committee Approves Bill to Help PA Businesses

The Senate Judiciary Committee, chaired by Sen. Stewart Greenleaf (R-Montgomery), approved his legislation to improve the state business climate by making Pennsylvania business law more competitive with other states.

Senate Bill 884 makes changes in the Business Corporation Law so that businesses may make better use of electronic communications technology to provide notice of meetings and granting of proxies.

The legislation also continues the codification of the Nonprofit Corporation Law so that the provisions relating to electronic communications in the Business Corporation Law and the Nonprofit Corporation Law are the same.

In the Spotlight

Senator Pileggi's legislation is supported by Jayann Sepich, who as founder of DNA Saves has worked to have similar legislation enacted across the country. In 2003, her daughter – a 22-year-old graduate student at New Mexico State University – was raped and murdered.

Her daughter had skin and blood from her attacker under her fingernails, but at the time New Mexico did not permit DNA to be taken from individuals upon arrest, significantly reducing the value of the evidence.

Sepich successfully advocated for a law in New Mexico to allow authorities to take a DNA sample from arrestees – an unobtrusive process which involves lightly swabbing the inside of an individual's cheek.

Modified DNA searches assist investigators by identifying DNA profiles taken at crime scenes that contain enough common characteristics to indicate that the source of the crime-scene profile could be a close relative of an offender whose profile is already in the database. Several other states, including California, Colorado and Virginia, now use similar DNA searches.

Senate Bill 775 will allow the name of the offender already in the database to be released to law enforcement officials – under certain conditions – to allow further investigation into whether or not a relative was the source of the crime-scene DNA sample.

The Senate Judiciary Committee held a comprehensive public hearing on Senate Bill 775 on March 18, 2011. Senate Bill 775 now moves to the State House for consideration.

Fast Facts