PRINTER'S NO. 1305
No. 1068 Session of 2007
INTRODUCED BY KENNEY, MANN, CAPPELLI, SCAVELLO, READSHAW,
SABATINA, KOTIK, REICHLEY, ROSS, SONNEY, GEIST, HENNESSEY,
KORTZ, BOYD, JOSEPHS, JAMES, EVERETT, MICOZZIE, MURT, MYERS,
FREEMAN, GINGRICH, KIRKLAND AND BEYER, APRIL 18, 2007
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 18, 2007
AN ACT
1 Amending Title 44 (Law and Justice) of the Pennsylvania
2 Consolidated Statutes, providing for Supplement Safe
3 Neighborhoods Program and for powers and duties of
4 Pennsylvania Commission on Crime and Delinquency;
5 establishing the Supplement Safe Neighborhoods Fund; and
6 making an appropriation.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 44 of the Pennsylvania Consolidated
10 Statutes is amended by adding a part to read:
11 PART III
12 PROGRAMS
13 Chapter
14 31. Supplement Safe Neighborhoods Program
15 CHAPTER 31
16 SUPPLEMENT SAFE NEIGHBORHOODS PROGRAM
17 Subchapter
18 A. Preliminary Provisions
19 B. General Provisions
1 SUBCHAPTER A
2 PRELIMINARY PROVISIONS
3 Sec.
4 3101. Scope of chapter.
5 3102. Legislative findings and declarations.
6 3103. Definitions.
7 § 3101. Scope of chapter.
8 This chapter provides for the establishment of the Supplement
9 Safe Neighborhoods Program in the Pennsylvania Commission on
10 Crime and Delinquency.
11 3102. Legislative findings and declarations.
12 The General Assembly finds and declares as follows:
13 (1) In 2001, President Bush announced Project Safe
14 Neighborhoods, a comprehensive initiative to reduce firearm
15 crime in America.
16 (2) By combining Federal, State and local prosecutors,
17 law enforcement officers and community leaders, Project Safe
18 Neighborhoods has offered a uniquely effective approach to
19 deter, prevent and penalize firearm crime.
20 (3) The Federal Government has devoted more than
21 $1,600,000,000 to Project Safe Neighborhoods since its
22 inception.
23 (4) One important use of these dollars is to fund the
24 cost of new State and local prosecutors to work as Special
25 Assistant United States Attorneys and move gun crime cases
26 into the Federal court system.
27 (5) Under Project Safe Neighborhoods, Federal
28 prosecutions for gun crimes have increased dramatically, an
29 increase of 62% from 2000 to 2005.
30 (6) Increased Federal penalties have had positive
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1 effects on gun crime levels.
2 (7) It is therefore in the best interests of this
3 Commonwealth to establish the Supplement Safe Neighborhoods
4 Program within the Pennsylvania Commission on Crime and
5 Delinquency to provide resources and direct grant money to
6 prosecute gun crimes through Project Safe Neighborhoods.
7 § 3103. Definitions.
8 The following words and phrases when used in this chapter
9 shall have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Firearm." Any weapon which is designed to or may readily be
12 converted to expel any projectile by the action of an explosive
13 or the frame or receiver of any such weapon.
14 "Fund." The Supplement Safe Neighborhoods Fund established
15 in section 3113 (relating to Supplement Safe Neighborhoods
16 Fund).
17 "Program." The Supplement Safe Neighborhoods Program
18 established in section 3111 (relating to Supplement Safe
19 Neighborhoods Program).
20 "Project Safe Neighborhoods." A program established by the
21 United States Attorney General, pursuant to Title 1, § 104 of
22 the 21st Century Department of Justice Appropriations
23 Authorization Act (Public Law 107-273, 28 U.S.C. § 509) to
24 provide for coordination with State and local law enforcement
25 officials in the identification and prosecution of violations of
26 Federal firearms laws, including school gun violence and
27 juvenile gun offenses.
28 SUBCHAPTER B
29 GENERAL PROVISIONS
30 Sec.
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1 3111. Supplement Safe Neighborhoods Program.
2 3112. Powers and duties of Pennsylvania Commission on Crime
3 and Delinquency.
4 3113. Supplement Safe Neighborhoods Fund.
5 § 3111. Supplement Safe Neighborhoods Program.
6 (a) Purpose.--The program shall provide grant moneys to
7 underwrite all of the pay and benefits for three years of
8 assistant district attorneys cross designated as Special
9 Assistant United States Attorneys for the purpose of bringing
10 Federal prosecutions pursuant to Project Safe Neighborhoods.
11 (b) Application.--Any district attorney in this Commonwealth
12 may make application under the program.
13 (c) Priority of grants.--Grant moneys shall be prioritized
14 based on:
15 (1) The incidence of firearm homicides and other crimes
16 involving firearms in a county within this Commonwealth.
17 (2) Demonstration of current successful participation in
18 Federal prosecutions conducted under Project Safe
19 Neighborhoods.
20 (3) Establishment of a public information campaign aimed
21 at gun crimes and informing county residents of the terms of
22 Project Safe Neighborhoods as well as applicable Federal
23 penalties. A district attorney's office shall seek all
24 available funding, including Federal funding or funding
25 available from nonprofit corporations, and shall seek to
26 engage pro bono services from public relations and
27 advertising firms and other entities to carry out this public
28 information campaign.
29 (d) Limitation.--No county shall be eligible to receive more
30 than 20% of the moneys dispensed from the fund in any year.
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1 (e) Supplementary funding.--Program moneys shall only be
2 used to underwrite the pay and benefits of assistant district
3 attorneys newly cross designated as Special Assistant United
4 States Attorneys. Program moneys shall not be used to fund
5 current positions. Each district attorney applying for program
6 moneys shall include in the application:
7 (1) A statement that moneys shall be used solely to fund
8 additional positions and that no moneys will be used to
9 offset the expenses associated with participation in Project
10 Safe Neighborhoods at the time of application.
11 (2) The number of assistant district attorneys in the
12 office cross designated as Special Assistant United States
13 Attorneys for the purpose of bringing Federal prosecution
14 pursuant to Project Safe Neighborhoods each year for the last
15 four years.
16 § 3112. Powers and duties of Pennsylvania Commission on Crime
17 and Delinquency.
18 In addition to any other powers and duties, the Pennsylvania
19 Commission on Crime and Delinquency shall:
20 (1) Establish a grant program to provide moneys from the
21 fund pursuant to section 3111 (relating to Supplement Safe
22 Neighborhoods Program).
23 (2) Promulgate rules and regulations to carry out the
24 provisions of this chapter.
25 § 3113. Supplement Safe Neighborhoods Fund.
26 The Supplement Safe Neighborhoods Fund is hereby established
27 in the State Treasury as a restricted account. The fund shall
28 consist of funds appropriated by the General Assembly. All
29 moneys in the fund and the interest accruing thereon are hereby
30 appropriated to the Pennsylvania Commission on Crime and
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1 Delinquency on a continuing basis to carry out the provisions of
2 this chapter.
3 Section 2. The sum of $5,000,000 is hereby appropriated from
4 the General Fund to the Project Safe Neighborhoods Fund for the
5 fiscal year July 1, 2007, to June 30, 2008, to carry out the
6 provisions of 44 Pa.C.S. Ch. 31.
7 Section 3. This act shall take effect in 60 days.
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