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                                                      PRINTER'S NO. 1305

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1068 Session of 2007


        INTRODUCED BY KENNEY, MANN, CAPPELLI, SCAVELLO, READSHAW,
           SABATINA, KOTIK, REICHLEY, ROSS, SONNEY, GEIST, HENNESSEY,
           KORTZ, BOYD, JOSEPHS, JAMES, EVERETT, MICOZZIE, MURT, MYERS,
           FREEMAN, GINGRICH, KIRKLAND AND BEYER, APRIL 18, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 18, 2007

                                     AN ACT

     1  Amending Title 44 (Law and Justice) of the Pennsylvania
     2     Consolidated Statutes, providing for Supplement Safe
     3     Neighborhoods Program and for powers and duties of
     4     Pennsylvania Commission on Crime and Delinquency;
     5     establishing the Supplement Safe Neighborhoods Fund; and
     6     making an appropriation.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Title 44 of the Pennsylvania Consolidated
    10  Statutes is amended by adding a part to read:
    11                              PART III
    12                              PROGRAMS
    13  Chapter
    14     31.  Supplement Safe Neighborhoods Program
    15                             CHAPTER 31
    16               SUPPLEMENT SAFE NEIGHBORHOODS PROGRAM
    17  Subchapter
    18     A.  Preliminary Provisions
    19     B.  General Provisions

     1                            SUBCHAPTER A
     2                       PRELIMINARY PROVISIONS
     3  Sec.
     4  3101.  Scope of chapter.
     5  3102.  Legislative findings and declarations.
     6  3103.  Definitions.
     7  § 3101.  Scope of chapter.
     8     This chapter provides for the establishment of the Supplement
     9  Safe Neighborhoods Program in the Pennsylvania Commission on
    10  Crime and Delinquency.
    11  3102.  Legislative findings and declarations.
    12     The General Assembly finds and declares as follows:
    13         (1)  In 2001, President Bush announced Project Safe
    14     Neighborhoods, a comprehensive initiative to reduce firearm
    15     crime in America.
    16         (2)  By combining Federal, State and local prosecutors,
    17     law enforcement officers and community leaders, Project Safe
    18     Neighborhoods has offered a uniquely effective approach to
    19     deter, prevent and penalize firearm crime.
    20         (3)  The Federal Government has devoted more than
    21     $1,600,000,000 to Project Safe Neighborhoods since its
    22     inception.
    23         (4)  One important use of these dollars is to fund the
    24     cost of new State and local prosecutors to work as Special
    25     Assistant United States Attorneys and move gun crime cases
    26     into the Federal court system.
    27         (5)  Under Project Safe Neighborhoods, Federal
    28     prosecutions for gun crimes have increased dramatically, an
    29     increase of 62% from 2000 to 2005.
    30         (6)  Increased Federal penalties have had positive
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     1     effects on gun crime levels.
     2         (7)  It is therefore in the best interests of this
     3     Commonwealth to establish the Supplement Safe Neighborhoods
     4     Program within the Pennsylvania Commission on Crime and
     5     Delinquency to provide resources and direct grant money to
     6     prosecute gun crimes through Project Safe Neighborhoods.
     7  § 3103.  Definitions.
     8     The following words and phrases when used in this chapter
     9  shall have the meanings given to them in this section unless the
    10  context clearly indicates otherwise:
    11     "Firearm."  Any weapon which is designed to or may readily be
    12  converted to expel any projectile by the action of an explosive
    13  or the frame or receiver of any such weapon.
    14     "Fund."  The Supplement Safe Neighborhoods Fund established
    15  in section 3113 (relating to Supplement Safe Neighborhoods
    16  Fund).
    17     "Program."  The Supplement Safe Neighborhoods Program
    18  established in section 3111 (relating to Supplement Safe
    19  Neighborhoods Program).
    20     "Project Safe Neighborhoods."  A program established by the
    21  United States Attorney General, pursuant to Title 1, § 104 of
    22  the 21st Century Department of Justice Appropriations
    23  Authorization Act (Public Law 107-273, 28 U.S.C. § 509) to
    24  provide for coordination with State and local law enforcement
    25  officials in the identification and prosecution of violations of
    26  Federal firearms laws, including school gun violence and
    27  juvenile gun offenses.
    28                            SUBCHAPTER B
    29                         GENERAL PROVISIONS
    30  Sec.
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     1  3111.  Supplement Safe Neighborhoods Program.
     2  3112.  Powers and duties of Pennsylvania Commission on Crime
     3             and Delinquency.
     4  3113.  Supplement Safe Neighborhoods Fund.
     5  § 3111.  Supplement Safe Neighborhoods Program.
     6     (a)  Purpose.--The program shall provide grant moneys to
     7  underwrite all of the pay and benefits for three years of
     8  assistant district attorneys cross designated as Special
     9  Assistant United States Attorneys for the purpose of bringing
    10  Federal prosecutions pursuant to Project Safe Neighborhoods.
    11     (b)  Application.--Any district attorney in this Commonwealth
    12  may make application under the program.
    13     (c)  Priority of grants.--Grant moneys shall be prioritized
    14  based on:
    15         (1)  The incidence of firearm homicides and other crimes
    16     involving firearms in a county within this Commonwealth.
    17         (2)  Demonstration of current successful participation in
    18     Federal prosecutions conducted under Project Safe
    19     Neighborhoods.
    20         (3)  Establishment of a public information campaign aimed
    21     at gun crimes and informing county residents of the terms of
    22     Project Safe Neighborhoods as well as applicable Federal
    23     penalties. A district attorney's office shall seek all
    24     available funding, including Federal funding or funding
    25     available from nonprofit corporations, and shall seek to
    26     engage pro bono services from public relations and
    27     advertising firms and other entities to carry out this public
    28     information campaign.
    29     (d)  Limitation.--No county shall be eligible to receive more
    30  than 20% of the moneys dispensed from the fund in any year.
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     1     (e)  Supplementary funding.--Program moneys shall only be
     2  used to underwrite the pay and benefits of assistant district
     3  attorneys newly cross designated as Special Assistant United
     4  States Attorneys. Program moneys shall not be used to fund
     5  current positions. Each district attorney applying for program
     6  moneys shall include in the application:
     7         (1)  A statement that moneys shall be used solely to fund
     8     additional positions and that no moneys will be used to
     9     offset the expenses associated with participation in Project
    10     Safe Neighborhoods at the time of application.
    11         (2)  The number of assistant district attorneys in the
    12     office cross designated as Special Assistant United States
    13     Attorneys for the purpose of bringing Federal prosecution
    14     pursuant to Project Safe Neighborhoods each year for the last
    15     four years.
    16  § 3112.  Powers and duties of Pennsylvania Commission on Crime
    17             and Delinquency.
    18     In addition to any other powers and duties, the Pennsylvania
    19  Commission on Crime and Delinquency shall:
    20         (1)  Establish a grant program to provide moneys from the
    21     fund pursuant to section 3111 (relating to Supplement Safe
    22     Neighborhoods Program).
    23         (2)  Promulgate rules and regulations to carry out the
    24     provisions of this chapter.
    25  § 3113.  Supplement Safe Neighborhoods Fund.
    26     The Supplement Safe Neighborhoods Fund is hereby established
    27  in the State Treasury as a restricted account. The fund shall
    28  consist of funds appropriated by the General Assembly. All
    29  moneys in the fund and the interest accruing thereon are hereby
    30  appropriated to the Pennsylvania Commission on Crime and
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     1  Delinquency on a continuing basis to carry out the provisions of
     2  this chapter.
     3     Section 2.  The sum of $5,000,000 is hereby appropriated from
     4  the General Fund to the Project Safe Neighborhoods Fund for the
     5  fiscal year July 1, 2007, to June 30, 2008, to carry out the
     6  provisions of 44 Pa.C.S. Ch. 31.
     7     Section 3.  This act shall take effect in 60 days.
















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