Trial Engrossment of Amendment A01642 to House Bill 1130 P.N. 1741, Regular Session 2023-2024

A01642

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1130

Session of

2023

INTRODUCED BY GREEN, KINSEY, MADDEN, CEPHAS, CIRESI, SANCHEZ,

N. NELSON, PROBST, OTTEN, KINKEAD, D. WILLIAMS, HILL-EVANS,

BULLOCK, KHAN, SCHLOSSBERG, CERRATO, HOHENSTEIN, PARKER,

MADSEN, GUENST, WAXMAN, KENYATTA, DALEY, SALISBURY, BOROWSKI

AND KAZEEM, MAY 5, 2023

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 27, 2023

AN ACT

Amending Titles 18 (Crimes and Offenses) and 35 (Health and

Safety) of the Pennsylvania Consolidated Statutes, in

firearms and other dangerous articles, further providing for

persons not to possess, use, manufacture, control, sell or

transfer firearms, for licenses and for sale or transfer of

firearms; and establishing the Safe Communities Grant Program

Gun Violence Task Force in cities of the first class and the

Safe Communities Grant Program Fund; and imposing duties on

the Pennsylvania Commission on Crime and Delinquency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6109(h)(1) introductory paragraph of

Title 18 of the Pennsylvania Consolidated Statutes is amended

and the subsection is amended by adding a paragraph to read:

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

paragraph to read:

§ 6109. Licenses.

* * *

(h) Fee.--

(1) In addition to fees described in paragraphs [(2)(ii)

and] (3) and (3.1), the fee for a license to carry a firearm

is $19. This includes all of the following:

* * *

(3.1) An additional fee of $10 shall be paid by the

applicant for a license to carry a firearm, including a

renewal of a license to carry a firearm, and shall be

remitted by the sheriff to the Safe Communities Grant Program

Fund established under 35 Pa.C.S. § 5903 (relating to Safe

Communities Grant Program Fund).

* * *

Section 2. Section 6111(b) of Title 18 is amended by adding

a paragraph to read:

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Section 3. Section 6111(d.1)(3) of Title 18 is amended and

subsection (b) is amended by adding a paragraph to read:

§ 6111. Sale or transfer of firearms.

* * *

(b) Duty of seller.--No licensed importer, licensed

manufacturer or licensed dealer shall sell or deliver any

firearm to another person, other than a licensed importer,

licensed manufacturer, licensed dealer or licensed collector,

until the conditions of subsection (a) have been satisfied and

until he has:

* * *

(3.1) Charged each buyer or transferee a fee of $1,

which shall be transferred by the seller to the Pennsylvania

State Police to be remitted to the Safe Communities Grant

Program Fund established under 35 Pa.C.S. § 5903 (relating to

Safe Communities Grant Program Fund).

* * *

(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 3 4. Title 35 is amended by adding a chapter to

read:

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CHAPTER 59

SAFE COMMUNITIES GRANT PROGRAM

Sec.

5901. Definitions.

5902. Grant program.

5903. Safe Communities Grant Program Fund.

5904. Applications.

5905. Award of program grants.

5906. Reports.

§ 5901. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"C ommission." The Pennsylvania Commission on Crime and

Delinquency.

"Eligible applicant." A municipality located within this

Commonwealth that has not received a grant from the program in

the previous five years.

"Fund." The Safe Communities Grant Program Fund established

under section 5903 (relating to Safe Communities Grant Program

Fund).

"Municipality." A county, city, borough, incorporated town,

township, home rule municipality, optional plan municipality,

optional charter municipality or similar general purpose unit of

government that may be created or authorized by statute or

school district.

"Program." The Safe Communities Grant Program established

under section 5902 (relating to grant program).

§ 5902. G rant program.

(a) Establishment.--The Safe Communities Grant Program is

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established as a competitive grant program within the

commission.

(b) Purpose.--The purpose of the program is to award grants

to improve public health and safety around this Commonwealth

through the installation and maintenance of lighting or security

cameras, or both, in and around high crime areas, as determined

by the commission, schools, playgrounds and recreation centers

WITH PRIORITY TO BE GIVEN TO SCHOOLS, PLAYGROUNDS AND RECREATION

AND SENIOR CENTERS .

program.

(d) Public notice.--The commission shall provide information

regarding the availability and award of program grant money on

the commission's publicly accessible Internet website.

§ 5903. Safe Communities Grant Program Fund.

(a) E stablishment.--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

commission on a continuing basis to award grants under this

chapter.

§ 5904. Applications.

(a) Forms.-- The commission shall develop annual grant

application forms for any eligible applicants that seek a

program grant. At a minimum, the forms shall contain the

following information:

(1) The name, address and contact information of the

municipality.

(2) The amount of program grant money requested.

(3) The proposed use for the requested program grant

A01642 - 5 -

money.

(4) If applicable, a detailed plan describing the

monitoring of any security cameras installed with money from

the program.

(5) If applicable, a detailed maintenance plan for any

lighting installed with money from the program.

(6) Any other information that the commission deems

necessary and appropriate.

(b) Application period.--Beginning no later than 180 days

after the effective date of this section, the commission shall

begin accepting and processing applications. For all subsequent

years, the commission shall establish an application period

during which applications for grants under this chapter are

accepted.

§ 5905. Award of program grants.

(a) Review.--After review of the information provided under

each applicant's submitted application form, the commission

shall determine whether to award grant program money to the

applicant and, if so, the amount of the program grant money

awarded.

(b) Allocation.--The commission may not award a grant in

excess of $25,000 nor provide grants in excess of the amount in

the fund.

awarded on a competitive basis to eligible applicants. In

awarding program grants, the commission shall:

(1) Give preference to applicants whose grant proposals

demonstrate the greatest likelihood of reducing the number of

persons victimized by gun violence in their community.

(2) Consider the scope of the applicant's proposal and

A01642 - 6 -

the applicant's demonstrated need for additional resources to

effectively reduce gun violence in the affected municipality.

(d) Time periods.--

(1) The commission shall approve or deny an application

no later than 60 days after the receipt of the application.

(2) If the commission fails to approve or deny within 60

days after the receipt of the application, the application

shall be deemed denied.

(e) N otice.--

(1) The commission shall provide written notice to the

applicant of the award or denial of the program grant money.

(2) Notice of the award of program grant money shall

include the amount of the program grant money awarded and any

conditions or restrictions on the use of the program grant

money.

(3) Notice of the denial of all or part of the program

grant money requested shall include the reasons for the full

or partial denial.

§ 5906. Reports.

No less than every three years, the commission shall prepare

and submit a report to the General Assembly regarding the rate

of gun violence in municipalities that received grants from the

program.

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.

A01642 - 7 -

(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.

(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).

(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

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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

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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:

(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

A01642 - 10 -

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

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

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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

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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.

§ 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.

Section 4 5. This act shall take effect in 60 days.

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