H1130B1741A01642 LKK:EJH 06/29/23 #90 A01642
AMENDMENTS TO HOUSE BILL NO. 1130
Sponsor: REPRESENTATIVE C. WILLIAMS
Printer's No. 1741
Amend Bill, page 1, line 3, by inserting after "providing"
for persons not to possess, use, manufacture, control, sell or
transfer firearms,
Amend Bill, page 1, line 4, by inserting after "firearms;"
and
Amend Bill, page 1, line 5, by striking out "Safe Communities
Grant Program" and inserting
Gun Violence Task Force in cities of the first class
Amend Bill, page 1, lines 6 and 7, by striking out "; and
imposing duties on the Pennsylvania Commission on Crime and
Delinquency"
Amend Bill, page 1, lines 10 through 12, by striking out all
of said lines and inserting
Section 1. Section 6105(d.1)(3) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
* * *
(d.1) Concurrent jurisdiction to prosecute.--The following
apply in a city of the first class where the Attorney General
has operated a joint local-State firearm task force:
* * *
(3) This subsection shall not apply to any case
instituted [two years after the effective date of this
subsection.]:
(i) after September 2, 2021, and before the
effective date of this subparagraph; or
(ii) after December 31, 2025.
* * *
Section 2. Section 6109(h)(1) introductory paragraph of
Title 18 is amended and the subsection is amended by adding a
2023/90LKK/HB1130A01642 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
paragraph to read:
Amend Bill, page 2, lines 9 and 10, by striking out all of
said lines and inserting
Section 3. Section 6111(d.1)(3) of Title 18 is amended and
subsection (b) is amended by adding a paragraph to read:
Amend Bill, page 2, by inserting between lines 25 and 26
(d.1) Concurrent jurisdiction to prosecute.--The following
apply in a city of the first class where the Attorney General
has operated a joint local-State firearm task force:
* * *
(3) This subsection shall not apply to any case
instituted [two years after the effective date of this
subsection.]:
(i) after September 2, 2021, and before the
effective date of this subparagraph; or
(ii) after December 31, 2025.
* * *
Amend Bill, page 2, line 26, by striking out "3" and
inserting
4
Amend Bill, page 2, lines 28 through 30; pages 3 through 5,
lines 1 through 30; page 6, lines 1 through 19; by striking out
all of said lines on said pages and inserting
GUN VIOLENCE TASK FORCE
IN CITIES OF THE FIRST CLASS
Sec.
5901. Gun Violence T ask Force in cities of the first class.
5902. Funding.
5903. Safe Communities Grant Program Fund.
§ 5901. Gun Violence T ask Force in cities of the first class.
(a) Establishment.--
(1) A joint local-State firearm task force is
established in each city of the first class, which shall be
known as the Gun Violence Task Force.
(2) The Gun Violence Task Force shall be under the
authority of the Attorney General.
(b) Powers and duties.--
(1) The Gun Violence Task Force shall investigate and
prosecute violations of 18 Pa.C.S. §§ 6105 (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms) and 6111 (relating to sale or transfer of
firearms), and similar offenses under Federal law, in a city
of the first class.
2023/90LKK/HB1130A01642 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
(2) The Gun Violence Task Force shall initiate
prosecutions only in a Federal or State court located in a
city of the first class.
(3) The Gun Violence Task Force may utilize
investigatory teams under subsection (e).
(c) Composition.--
(1) The Gun Violence Task Force shall include, at a
minimum:
(i) The Attorney General or deputy attorneys
general.
(ii) Members of the office of the district attorney
in a city of the first class.
(iii) Law enforcement officers of the Attorney
General.
(iv) Law enforcement officers of a city of the first
class.
(v) Law enforcement officers of the Pennsylvania
State Police.
(2) The Gun Violence Task Force may include, as
determined by the Attorney General:
(i) Federal law enforcement officers.
(ii) Other Commonwealth law enforcement officers
located in a city of the first class.
(iii) Other local law enforcement officers located
in a city of the first class.
(iv) Campus police officers located in a city of the
first class.
(v) Transit agency police officers located in a city
of the first class.
(d) (Reserved) .
(e) Investigatory teams.--The Attorney General may empanel
individualized investigatory teams that work in conjunction with
and under the purview of the Gun Violence Task Force.
(f) Notice.-- Each law enforcement agency that is a member of
the Gun Violence Task Force shall notify the Gun Violence Task
Force of any arrest or other criminal action or proceeding
involving an alleged violation of 18 Pa.C.S. § 6105 or 6111
within 48 hours of the arrest or of instituting the action or
proceeding.
(g) Preemptive jurisdiction over certain offenses.--
(1) The A ttorney General may assert preemptive
prosecutorial jurisdiction over any criminal actions or
proceedings, including proceedings for the forfeiture or
condemnation of property under 42 Pa.C.S. Ch. 58 (relating to
forfeiture of assets), for which the Attorney General has
jurisdiction under 18 Pa.C.S. § 6105 or 6111.
(2) Any assertion of preemptive prosecutorial
jurisdiction under this subsection shall be within the sole
discretion of the Attorney General, who shall consider the
totality of the circumstances in deciding whether to assert
that jurisdiction, including:
2023/90LKK/HB1130A01642 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
(i) Whether the alleged violation of 18 Pa.C.S. §
6105 or 6111 is the lead charge and the severity of any
other offense charged in conjunction with the alleged
violation of 18 Pa.C.S. § 6105 or 6111.
(ii) The criminal history record information of the
alleged offender, including whether the offender was
previously convicted of an offense under this chapter.
(iii) Whether the Gun Violence Task Force was
involved in the investigation of the alleged violation of
18 Pa.C.S. § 6105 or 6111.
(iv) Whether the Gun Violence Task Force has
sufficient resources to prosecute the alleged offender.
(v) Whether the alleged offender utilized a firearm
during the commission of a felony.
(vi) Whether the alleged offender is involved or
associated with the sale, manufacture, distribution or
delivery of any controlled substance or counterfeit
controlled substance in violation of the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act.
(vii) The impact of the alleged offense on the
victim or the community.
(viii) Whether the alleged offender's commission of
the offense violated the terms and conditions of a
sentence or bail bond.
(ix) Any other relevant or aggravating circumstances
that would tend to support the assertion of preemptive
prosecutorial jurisdiction.
(3) The Attorney General may not assert preemptive
prosecutorial discretion under this subsection if the
offender unlawfully possessed a firearm during the commission
of murder of the first degree or second degree or a crime of
violence, as that term is defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second and subsequent offenses),
unless upon written request by the Police Commissioner of a
city of the first class.
(4) Subject to paragraph (5), in cases in which the
Attorney General asserts preemptive prosecutorial
jurisdiction under this subsection, no other prosecuting
entity for the Commonwealth shall have authority to act,
except as authorized by the Attorney General. No person shall
have standing to challenge the authority of the Attorney
General to prosecute the cases, and, if any challenge is
made, the challenge shall be dismissed and no relief shall be
available in the courts of this Commonwealth to the entity
making the challenge.
(5) The Attorney General may not assert preemptive
prosecutorial jurisdiction under this subsection in a case
where jurisdiction also exists in a county other than a
county of the first class unless the Attorney General
requests in writing to the district attorney in the county
2023/90LKK/HB1130A01642 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
other than the county of the first class to assert preemptive
prosecutorial jurisdiction and the district attorney in the
county other than the county of the first class accepts the
request in writing.
(6) Any grant of jurisdiction to the Attorney General
under 18 Pa.C.S. § 6105 or 6111 shall be exclusive to the Gun
Violence Task Force.
(7) The provisions of this subsection shall expire
December 31, 2025.
(h) Annual reports.--
(1) By October 1 of each year, the Attorney General
shall make an annual report on the operation of the Gun
Violence Task Force to:
(i) The Appropriations Committee of the Senate.
(ii) The Judiciary Committee of the Senate.
(iii) The Appropriations Committee of the House of
Representatives.
(iv) The Judiciary Committee of the House of
Representatives.
(2) Each report under this subsection shall contain the
following information for the previous fiscal year regarding
the Gun Violence Task Force:
(i) T he number of members, per agency, serving on
the Gun Violence Task Force.
(ii) The total number of arrests in a city of the
first class for alleged violations of section 6105 or
6111, including separately the total number of arrests by
the Gun Violence Task Force.
(iii) The total number of bills of information filed
for alleged violations of 18 Pa.C.S. § 6105 or 6111,
including separately the total number of bills filed by
the Gun Violence Task Force.
(iv) The total number of convictions resulting from
prosecutions under subparagraph (iii), including
separately the total number of convictions resulting from
prosecutions by the Gun Violence Task Force.
(v) The sentences imposed for each conviction under
subparagraph (iv), including separately the sentences
imposed for each conviction resulting from a prosecution
by the Gun Violence Task Force.
(vi) The number of firearms seized by the Gun
Violence Task Force.
(vii) A summary of expenditures, including any money
appropriated for the Gun Violence Task Force in a
previous year that is carried over or unspent.
§ 5902. Funding.
The Gun Violence Task Force shall be funded from annual
General Fund appropriations to a joint local-State firearm task
force in a city of the first class and the Safe Communities
Grant Program Fund established under section 5903. Funding shall
be under the control of the Attorney General.
2023/90LKK/HB1130A01642 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
§ 5903. Safe Communities Grant Program Fund.
(a) Establishment.--The Safe Communities Grant Program Fund
is established in the State Treasury.
(b) Appropriation.--All money deposited into the fund and
interest earned on the money in the fund are appropriated to the
Attorney General on a continuing basis for the funding of the
Gun Violence Task Force.
Amend Bill, page 6, line 20, by striking out "4" and
inserting
5
2023/90LKK/HB1130A01642 - 6 -
1
2
3
4
5
6
7
8
9
10