PRINTER'S NO. 1305
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 20070H1068B1305 - 2 -
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. 20070H1068B1305 - 3 -
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. 20070H1068B1305 - 4 -
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 20070H1068B1305 - 5 -
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. C15L44JKL/20070H1068B1305 - 6 -