SENATE AMENDED
PRIOR PRINTER'S NOS. 3002, 3049, 3211 PRINTER'S NO. 3286
No. 2200 Session of 1986
INTRODUCED BY DeWEESE, MOEHLMANN, McVERRY, KOSINSKI, CORDISCO,
HAGARTY, PRESSMANN, BORTNER, GRUITZA, KUKOVICH AND SWEET,
FEBRUARY 19, 1986
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
APRIL 15, 1986
AN ACT
1 Amending the act of November 22, 1978 (P.L.1166, No.274),
2 entitled "An act establishing the Pennsylvania Commission on
3 Crime and Delinquency, providing for its powers and duties
4 establishing several advisory committees within the
5 commission and providing for their powers and duties," adding
6 a definition; further providing for the membership, powers
7 and duties of the Pennsylvania Commission on Crime and
8 Delinquency; reestablishing the Pennsylvania Commission on
9 Crime and Delinquency; and making an editorial change.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 1 of the act of November 22, 1978
13 (P.L.1166, No.274), referred to as the Pennsylvania Commission
14 on Crime and Delinquency Law, is amended to read:
15 Section 1. Definitions.
16 The following words and phrases when used in this act shall
17 have, unless the context clearly indicates otherwise, the
18 meanings given to them in this section:
19 "Commission." The Pennsylvania Commission on Crime and
20 Delinquency.
1 "Private citizen." An individual who is not an elected or
2 appointed official in a branch of government of the United
3 States, the Commonwealth or a political subdivision.
4 Section 2. Section 2(b) and (e) of the act, amended December
5 17, 1981 (P.L.429, No.134), are amended to read:
6 Section 2. Pennsylvania Commission on Crime and Delinquency.
7 * * *
8 (b) Composition.--The commission shall consist of the
9 following members:
10 (1) The Attorney General.
11 (2) The Chief Justice of Pennsylvania.
12 (3) The Court Administrator of Pennsylvania.
13 (4) A judge of a court of common pleas.
14 (5) Commissioner of State Police.
15 (6) The chairmen of the House and Senate Majority
16 Appropriations Committees.
17 (7) The chairman of the Juvenile Advisory Committee.
18 (8) Four members of the General Assembly, of whom one
19 shall be designated by, and serve at the pleasure of the
20 President pro tempore of the Senate, one by the Minority
21 Leader of the Senate, one by the Speaker of the House of
22 Representatives and one by the Minority Leader of the House
23 of Representatives.
24 (9) Four members appointed by the Governor, one
25 representative of local law enforcement agencies, one
26 representative of adult correctional rehabilitative agencies,
27 one representative of local elected officials and one
28 district attorney representative.
29 (10) Seven private citizens appointed by the Governor,
30 at least two of which serve on the Juvenile Advisory
19860H2200B3286 - 2 -
1 Committee.
2 (11) [Commissioner of Correction] Secretary of
3 Corrections.
4 (12) Such additional members appointed by the Governor
5 as are necessary [to comply with the requirements of] to
6 implement programs authorized by State and Federal law.
7 * * *
8 (e) Vacancies.--Should any member cease to be an officer or
9 employee of the agency he is appointed to represent or cease to
10 be a private citizen, his membership on the commission shall
11 terminate immediately and a new member shall be appointed in the
12 same manner as his predecessor to fill the unexpired portion of
13 a term. Other vacancies occurring, except those by the
14 expiration of a term, shall be filled for the balance of the
15 unexpired term in the same manner as the original appointment.
16 * * *
17 Section 3. Section 3(1) of the act is amended to read:
18 Section 3. Powers and duties of the commission.
19 The commission shall have the power and its duty shall be:
20 (1) To prepare and periodically update a comprehensive
21 juvenile [and criminal] justice plan on behalf of the
22 Commonwealth based on an analysis of the Commonwealth's
23 [criminal justice] needs and problems, including juvenile
24 [justice and] delinquency prevention.
25 * * *
26 Section 4. Section 4(7) of the act, amended December 17,
27 1981 (P.L.429, No.134), is amended to read:
28 Section 4. Duties of the commission relative to criminal
29 statistics.
30 The commission shall have the power and its duty shall be:
19860H2200B3286 - 3 -
1 * * *
2 (7) To present to the Governor and the members of the
3 General Assembly each year a report containing the criminal
4 statistics of the preceding calendar year and to present at
5 such other times as the commission deems necessary reports on
6 the special aspects of criminal and juvenile statistics. This
7 report need not duplicate information contained in reports of
8 other administrative agencies unless a specific purpose
9 exists.
10 * * *
11 Section 5. This act, with respect to the Pennsylvania
12 Commission on Crime and Delinquency, constitutes the legislation
13 required to reestablish an agency under the act of December 22,
14 1981 (P.L.508, No.142), known as the Sunset Act.
15 Section 6. This act shall take effect immediately. <--
16 SECTION 6. THE MEMBERS OF THE PENNSYLVANIA COMMISSION ON <--
17 CRIME AND DELINQUENCY, AS OF THE EFFECTIVE DATE OF THIS ACT,
18 SHALL CONTINUE TO SERVE AS COMMISSION MEMBERS UNTIL THEIR
19 PRESENT TERMS OF OFFICE EXPIRE, PROVIDED THAT ANY PRESENT
20 COMMISSION MEMBER WHOSE TERM HAS EXPIRED ON OR BEFORE THE
21 EFFECTIVE DATE OF THIS ACT SHALL SERVE UNTIL A SUCCESSOR HAS
22 BEEN APPOINTED AND QUALIFIED, BUT NO LONGER THAN SIX MONTHS
23 AFTER THE EFFECTIVE DATE OF THIS ACT.
24 SECTION 7. EACH RULE AND REGULATION OF THE PENNSYLVANIA
25 COMMISSION ON CRIME AND DELINQUENCY IN EFFECT ON THE EFFECTIVE
26 DATE OF THIS ACT AND NOT INCONSISTENT WITH THIS ACT SHALL REMAIN
27 IN EFFECT AFTER SUCH DATE UNTIL REPEALED OR AMENDED BY THE
28 COMMISSION, PROVIDED THAT THE COMMISSION SHALL IMMEDIATELY
29 INITIATE THE REPEAL OR AMENDMENT OF ANY RULE OR REGULATION WHICH
30 IS INCONSISTENT WITH THE PROVISIONS OF THIS ACT.
19860H2200B3286 - 4 -
1 SECTION 8. THIS ACT SHALL TAKE EFFECT MAY 1, 1986, OR
2 IMMEDIATELY, WHICHEVER IS LATER.
B10L44VDL/19860H2200B3286 - 5 -