PRINTER'S NO. 57
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
79
Session of
2021
INTRODUCED BY HUGHES, COLLETT, KEARNEY, FONTANA, CAPPELLETTI,
BLAKE, TARTAGLIONE AND COSTA, JANUARY 22, 2021
REFERRED TO STATE GOVERNMENT, JANUARY 22, 2021
AN ACT
Amending Title 46 (Legislature) of the Pennsylvania Consolidated
Statutes, providing for racial impact statements in
consideration of legislation.
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:
PART III
LEGISLATION
Chapter
21. Racial Impact Statements
CHAPTER 21
RACIAL IMPACT STATEMENTS
Sec.
2101. Scope of chapter.
2102. Definitions.
2103. Racial impact statements.
§ 2101. Scope of chapter.
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This chapter relates to racial 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. Racial impact statements.
(a) Authorized.-- Upon request of a member of either house of
the General Assembly, the commission shall complete a racial
impact statement for any bill, joint resolution, freestanding
act or amendment that would create a new criminal offense,
change an existing offense in 18 Pa.C.S. (relating to crimes and
offenses), create a new penalty or provision related to
sentencing or change an existing law in 42 Pa.C.S. Ch. 97
(relating to sentencing) to determine the impact, if any, the
proposed legislation may have on the racial and ethnic
composition of the criminal offender population or juvenile
court system. The racial impact statement shall be impartial,
simple and understandable.
(b) Effect of request.--The following shall apply:
(1) Except as otherwise provided in subsection (d)(1),
no bill, joint resolution or freestanding act for which a
racial impact statement has been requested under subsection
(a) may be given second consideration by the house of the
General Assembly whose member made the request until such
time as the commission has attached the racial impact
statement.
(2) Except as otherwise provided in subsection (d)(2),
neither an amendment for which a racial impact statement has
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been requested under subsection (a), nor the legislation to
which the amendment is offered, shall be considered by the
house of the General Assembly whose member made the request
until such time as the commission has attached the racial
impact statement.
(c) Contents.--For racial and ethnic groups for which
data are available, the racial impact statement shall include
the following:
(1) An estimate of how the legislation would change the
racial and ethnic composition of the criminal offender
population and juvenile court system.
(2) A statement of the methodologies and assumptions
used in preparing the estimate.
(3) If the racial and ethnic impact statement addresses
the effect of the legislation on the criminal offender
population and juvenile court system, an estimate of the
racial and ethnic composition of the crime victims who may be
affected by the legislation.
(d) Effect of failure to attach.--The following shall apply:
(1) If the commission fails to attach a racial impact
statement within 10 days after a request for a statement has
been submitted to the commission, the proposed legislation
may be considered in the same manner as if the racial impact
statement had been attached to the legislation.
(2) If the commission fails to attach a racial impact
statement to an amendment within 10 days after a request for
a statement has been submitted to the commission, the
amendment and underlying legislation may be considered in the
same manner as if the racial impact statement had been
attached to the amendment.
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Section 2. This act shall take effect in 60 days.
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