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PRINTER'S NO. 3397
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
223
Session of
2022
INTRODUCED BY ZABEL, MADDEN, RABB, SANCHEZ, KRAJEWSKI,
HOHENSTEIN, SCHLOSSBERG, DELLOSO, HOWARD, WARREN, KINKEAD AND
D. WILLIAMS, JULY 28, 2022
REFERRED TO COMMITTEE ON JUDICIARY, JULY 28, 2022
A CONCURRENT RESOLUTION
Directing the Joint State Government Commission to establish a
bipartisan task force to study the Pennsylvania Crimes Code
in order to identify redundant, overlapping and inconsistent
offenses, improper grading and gaps in criminal liability,
and to make recommendations to the General Assembly.
WHEREAS, In 1972, the Pennsylvania legislature enacted the
Crimes Code in Title 18 of the Pennsylvania Consolidated
Statutes, which contained 282 carefully considered offenses and
suboffenses; and
WHEREAS, Since the Crimes Code's enactment, it has expanded
more than fivefold and now contains more than 1,500 offenses and
suboffenses, the majority of which were created without a
thorough review of the entire Crimes Code; and
WHEREAS, According to a 2009 report on offense grading
jointly commissioned by the Judiciary Committee of the Senate
and the Judiciary Committee of the House of Representatives and
authored by Professor Paul H. Robinson as well as the University
of Pennsylvania's Criminal Law Research Group, this ad hoc
expansion of the Crimes Code has resulted in a "system of
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offenses marked by irrational and contradictory grading
differences, and offense grades that seriously conflict with the
values of Pennsylvania residents" in addition to various
overlapping and duplicative offenses; and
WHEREAS, The addition of numerous new offenses and changes to
the Crimes Code since the publication of the 2009 report has
only exacerbated the issues identified in the report; and
WHEREAS, A rational crimes code with offenses that coincide
with the views of the residents of this Commonwealth is
necessary for public trust in the laws of this Commonwealth; and
WHEREAS, The ever-increasing size and scope of the Crimes
Code has made it difficult for legislators to identify and
remedy gaps in criminal liability within the Crimes Code; and
WHEREAS, The convoluted nature of the Crimes Code has also
made it difficult for residents to fully comprehend the offenses
and grades within the code; and
WHEREAS, This is contrary to the goal of the Crimes Code,
which is to provide the public with a clear and comprehensible
list of prohibited activities and their punishments; and
WHEREAS, A cohesive and rational crimes code is advantageous
for the residents of this Commonwealth and every constituency
working within the criminal justice process as it would serve to
reduce confusion and provide a fair and consistent approach to
crime and punishment; and
WHEREAS, The General Assembly should be knowledgeable about
the state and nature of the Crimes Code and aware of any
oversights, deficiencies and redundancies within the Code that
would best be resolved; therefore be it
RESOLVED (the Senate concurring), That the General Assembly
direct the Joint State Government Commission to establish a
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bipartisan task force to study the Pennsylvania Crimes Code in
order to identify redundant, overlapping and inconsistent
offenses, improper grading and gaps in criminal liability, and
to make recommendations to the General Assembly; and be it
further
RESOLVED, That the task force consist of two members of the
Senate, one appointed by the President pro tempore of the Senate
and one appointed by the Minority Leader of the Senate, and two
members of the House of Representatives, one appointed by the
Speaker of the House of Representatives and one appointed by the
Minority Leader of the House of Representatives; and be it
further
RESOLVED, That the Joint State Government Commission oversee
the creation of an advisory committee to assist the task force
in conducting the study and making recommendations; and be it
further
RESOLVED, That the advisory committee shall have 30 members
appointed by the Governor with the consent and approval of the
task force, comprised of representatives from the Office of
Attorney General, the Pennsylvania Commission on Crime and
Delinquency, the Pennsylvania Public Defenders Association, the
Pennsylvania District Attorneys Association, the judiciary, law
enforcement agencies, private and public organizations involved
in criminal justice issues and additional members as the task
force deems appropriate; and be it further
RESOLVED, That the task force and advisory committee shall:
(1) study the existing Crimes Code and any statutory
offenses or suboffenses outside the Crimes Code;
(2) identify redundant, overlapping and inconsistent
offenses, irrational and improper grading and potential gaps
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in criminal liability; and
(3) make recommendations to the General Assembly
regarding changes in statute to remedy any defects,
redundancies and shortcomings;
and be it further
RESOLVED, That the task force report its findings and
recommendations to the House of Representatives within one year
of the adoption of this resolution.
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