S0968B1480A07038 SFL:CMD 09/03/20 #90 A07038
AMENDMENTS TO SENATE BILL NO. 968
Sponsor: SENATOR BROWNE
Printer's No. 1480
Amend Bill, page 1, line 22, by inserting after
"assessments,"
for verification by sexual offenders and Pennsylvania State
Police,
Amend Bill, page 1, line 26, by inserting after
"applicability,"
for registration,
Amend Bill, page 2, line 31, by inserting after "states;"
providing for Board of Pardons;
Amend Bill, page 2, line 35, by inserting after "Advocate;"
making related repeals;
Amend Bill, page 14, line 6, by inserting after "(g),"
9799.25(f)(4),
Amend Bill, page 21, by inserting between lines 29 and 30
§ 9799.25. Verification by sexual offenders and Pennsylvania
State Police.
* * *
(f) Residents in group-based homes.--
* * *
(4) As used in this subsection, the term "group-based
home" has the meaning given to it in 61 Pa.C.S. § [6124(c)]
5007(c) (relating to certain offenders residing in group-
based homes).
Amend Bill, page 24, line 20, by inserting after "(3),"
9799.55(d)(4),
Amend Bill, page 28, by inserting between lines 9 and 10
§ 9799.55. Registration.
* * *
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(d) Residents in group-based homes.--
* * *
(4) As used in this subsection, the term "group-based
home" has the meaning given to it in 61 Pa.C.S. § [6124(c)]
5007(c) (relating to certain offenders residing in group-
based homes).
Amend Bill, page 34, line 30, by inserting after "public"
electronically on the Attorney General's publicly
accessible Internet website
Amend Bill, page 37, line 3, by striking out "and interests"
Amend Bill, page 37, line 6, by striking out the period after
"escaped" and inserting
within the immediate area of a State correctional
facility or mode of transport. For the purposes of this
section, the immediate area of a State correctional facility
or mode of transport shall encompass the curtilage up to and
including one-half of one mile.
Amend Bill, page 41, line 28, by inserting after "(2)"
All hearings shall be conducted in compliance with 65
Pa.C.S. Ch. 7 (relating to open meetings.
Amend Bill, page 41, line 29, by striking out "provide public
notice of" and inserting
announce
Amend Bill, page 42, line 2, by striking out "notice" and
inserting
announcement
Amend Bill, page 42, line 3, by inserting after "location"
, date
Amend Bill, page 42, lines 5 through 7, by striking out
"Nothing in this paragraph" in line 5 and all of lines 6 and 7
Amend Bill, page 76, line 26, by inserting a bracket before
"board"
Amend Bill, page 76, line 26, by inserting after "board"
] department
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Amend Bill, page 114, by inserting between lines 17 and 18
Section 26.1. Title 61 is amended by adding a chapter to
read:
CHAPTER 73
BOARD OF PARDONS
Sec.
7301. Board of Pardons.
§ 7301. Board of Pardons.
(a) Establishment.--The Board of Pardons is established for
the purposes of:
(1) hearing applications for the remission of fines and
forfeitures;
(2) granting of reprieves, commutations of sentence and
pardons, except in cases of impeachment; and
(3) making recommendations in writing to the Governor
thereon, in the manner provided under and subject to section
9 of Article IV of the Constitution of Pennsylvania.
(b) Composition.--The Board of Pardons shall consist of the
following members:
(1) The Lieutenant Governor, who shall be chairperson.
(2) The Attorney General.
(3) Three members appointed by the Governor as provided
under section 9 of Article IV of the Constitution of
Pennsylvania.
(b.1) Terms.--Members shall serve a term of six years.
(c) Quorum.--Three members of the board shall constitute a
quorum.
(d) Granting of hearings.--Hearings relating to the granting
of reprieves, commutations of sentences and pardons for
prisoners serving life sentences or sentences for crimes of
violence may only be granted upon approval by a vote of a
majority of the members of the Board of Pardons.
(e) Applicants under sentence of death.--In cases involving
applicants under sentence of death, the application shall be
filed within 10 days of the Governor's issuance of a warrant
specifying a week for execution.
(f) Notice to victims.--The following apply:
(1) The Board of Pardons shall provide notice to victims
or next of kin, including victims who are registered with the
Department of Corrections, the Office of Victim Advocate, the
Pennsylvania Parole Board, the Board of Pardons and those
whose whereabouts are otherwise known.
(2) Individuals notified under this subsection shall be
given the opportunity to offer prior comment on any
application which has been granted a hearing by the Board of
Pardons pertaining to the individual's case, which may be
oral or written, and shall be considered by the Board of
Pardons as to the advisability of any pardon or related
release and any conditions of release.
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(3) The Board of Pardons shall provide notice to victims
or next of kin of the date, time and place of a hearing
pertaining to their case.
(g) Hearings.--Each member of the Board of Pardons shall
interview an applicant in instances where the Board of Pardons
chooses to have an application submitted by the following:
(1) an inmate serving a life sentence or a sentence of
death; or
(2) an inmate serving a sentence for murder of the third
degree, voluntary manslaughter, attempt to commit murder of
the third degree or attempt to commit voluntary manslaughter.
(h) Rules and regulations.--The Board of Pardons shall adopt
rules and regulations governing actions of the board and all
hearings and recommendations shall be subject to the rules and
regulations.
(i) Recordkeeping.--The Board of Pardons shall keep records
of all actions, which shall, at all times, be open for public
inspection.
(j) Offices.--Upon request, the Department of Corrections
shall make available facilities, administrative support and
other assistance to the board. The Secretary of the Board of
Pardons shall employ staff as necessary to carry out the board's
duties under this chapter.
(k) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Crime of violence." As defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second and subsequent offenses).
Amend Bill, page 115, by inserting between lines 3 and 4
(ii) Personnel transferred under this section who on
the effective date of this section hold civil service
employment status shall retain such status and
protections afforded under 71 Pa.C.S. Pt. III (relating
to civil service reform) while they remain in their
current position.
Amend Bill, page 115, line 4, by striking out "(ii)" and
inserting
(iii)
Amend Bill, page 115, lines 26 and 27, by striking out all of
said lines and inserting
Section 29. The Appropriation for the Pennsylvania Parole
Board and the Board of Pardons must each be in a separate line
item under the Department of Corrections.
Section 29.1. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 61
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Pa.C.S. Ch. 73.
(2) Sections 403 and 909 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
are repealed.
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