Regular Session 2023-2024 House Bill 1188 P.N. 1473

PRIOR PRINTER'S NO. 1250

PRINTER'S NO. 1473

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1188

Session of

2023

INTRODUCED BY RABB, BULLOCK, KENYATTA, WAXMAN, KRAJEWSKI,

MADDEN, SANCHEZ, KHAN, CEPEDA-FREYTIZ AND HILL-EVANS,

MAY 18, 2023

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 7, 2023

AN ACT

Amending Title TITLES 42 (JUDICIARY AND JUDICIAL PROCEDURE) AND

46 (Legislature) of the Pennsylvania Consolidated Statutes,

IN JUDICIAL BOARDS AND COMMISSIONS, FURTHER PROVIDING FOR

POWERS AND DUTIES OF PENNSYLVANIA COMMISSION ON SENTENCING;

AND providing for demographic impact statements in

consideration of legislation relating to crimes, offenses and

sentencing.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 46 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

SECTION 1. SECTION 2153(A) OF TITLE 42 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED BY ADDING A PARAGRAPH TO READ:

§ 2153. POWERS AND DUTIES OF COMMISSION.

(A) POWERS AND DUTIES.--THE COMMISSION, IN ACCORDANCE WITH

THE RULES AND REGULATIONS OF THE COMMISSION, SHALL HAVE THE

POWERS TO:

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(17) ESTABLISH A WORKING GROUP TO DEVELOP BEST PRACTICES

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AND RECOMMENDATIONS FOR A BETTER, MORE COLLABORATIVE DATA

COLLECTION, WHICH MAY INCLUDE ETHNIC COMPOSITION,

SOCIOECONOMIC STATUS, RELIGIOUS OR ETHNORELIGIOUS

AFFILIATIONS AND CRIME VICTIM DATA, AND MAKE RECOMMENDATIONS

TO THE GENERAL ASSEMBLY IN AN ANNUAL REPORT, THE FIRST OF

WHICH SHALL BE SUBMITTED NO LATER THAN 180 DAYS AFTER THE

EFFECTIVE DATE OF THIS PARAGRAPH.

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SECTION 2. TITLE 46 IS AMENDED BY ADDING A PART TO READ:

PART III

LEGISLATION

Chapter

21. Demographic Impact Statements

CHAPTER 21

DEMOGRAPHIC IMPACT STATEMENTS

Sec.

2101. Scope of chapter.

2102. Definitions.

2103. Demographic impact statements.

§ 2101. Scope of chapter.

This chapter relates to demographic impact statements.

§ 2102. 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:

"Commission." The Pennsylvania Commission on Sentencing

established under 42 Pa.C.S. § 2151.2 (relating to commission).

§ 2103. Demographic impact statements.

(a) Authorization.--On request of a member THE CHAIR OR

MINORITY CHAIR OF THE APPROPRIATIONS COMMITTEE AND THE CHAIR OR

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MINORITY CHAIR OF THE JUDICIARY COMMITTEE of either chamber of

the General Assembly, the commission shall complete a

demographic impact statement for any bill or amendment to a bill

proposing a change to 42 Pa.C.S. Ch. 97 (relating to sentencing)

or 18 Pa.C.S. (relating to crimes and offenses) to determine the

impact, if any, the proposed bill or amendment may have on the

demographic composition of the criminal offender population or

juvenile court system . The demographic impact statement shall be

impartial, simple and understandable.

(b) Bill.--Except as otherwise provided in subsection (e)

(1), a bill for which a demographic impact statement has been

requested under subsection (a) may not be given second

consideration by the chamber of the General Assembly whose

member made the request until such time as the commission has

attached the demographic impact statement.

(e)(2), neither an amendment for which a demographic impact

statement has been requested under subsection (a) nor the bill

to which the amendment is offered shall be considered by the

chamber of the General Assembly whose member made the request

until such time as the commission has attached the demographic

impact statement.

(d) Contents.--For groups for which data is available

regarding racial and ethnic composition, geographic and

socioeconomic status, age , gender and religious and

ethnoreligious affiliations AND GENDER , the demographic impact

statement shall include the following:

(1) An estimate of how the legislation would change the

demographic composition of the criminal offender population

and juvenile court system.

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(2) A statement of the methodologies and assumptions

used in preparing the estimate.

(3) An estimate of the demographic composition of the

crime victims who may be affected by the legislation.

(e) Failure to attach.--

(1) If the commission fails to attach a demographic

impact statement to a bill within 10 BUSINESS days after a

request for a statement has been submitted to the commission,

the bill may be further considered in the same manner as if

the demographic impact statement is attached to the bill.

(2) If the commission fails to attach a demographic

impact statement to an amendment within 10 BUSINESS days

after a request for a statement has been submitted to the

commission, the bill and the amendment may be considered in

the same manner as if the demographic impact statement is

attached to the amendment.

Section 2 3. This act shall take effect in 60 days.

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