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WILKES-BARRE — Lawmakers last week gave final approval to a bipartisan package of bills that will better protect the rights of crime victims and provide stronger protections for victims of violent offenses, according to Sen. Lisa Baker, who supported the package.
The Senate unanimously approved House Bill 276 — also known as Marsy’s Law — which would amend the Pennsylvania Constitution to include a crime victims’ bill of rights.
The bill would ensure crime victims have a constitutional right to notices of hearings and other proceedings, protection from the accused, notice of release or escape, full and timely restitution and other protections to help balance the rights of victims with the rights of criminals.
“This brings needed balance and fairness to the criminal justice process, Baker said. “There is a great public interest in community safety and security. This amendment and the other victims’ rights bills being advanced today will contribute to a greater sense of justice being served here in the commonwealth so victims do triumph with passage of House Bill 276. This is by no means the end of our work but we are certainly off to a tremendous start.”
Baker, R-Lehman Township, chairs the Senate Judiciary Committee.
The Senate and House each passed Marsy’s Law during the previous legislative session. Because the bill would amend the state Constitution, it must be approved in two consecutive legislative sessions and be approved by voters in order to become law. The referendum will appear on ballots across the state this fall.
“We have heard troubling stories from victims and their families. We have been provided with persuasive perspectives by victim advocates,” Baker said. “So the answer then is to elevate victims’ rights through amending our state constitution.”
Other bills approved by the Senate and sent to Gov. Tom Wolf last week include:
• House Bill 315, which criminalizes the act of female genital mutilation.
• House Bill 502, which strengthens the right of crime victims to attend court proceedings.
• House Bill 504, which shields rape victims against irrelevant cross-examinations.
The House of Representatives also sent three other victims’ rights bills to the governor this week, including:
• Senate Bill 399, which creates a comprehensive bill of rights in Pennsylvania for survivors of sexual assault, including rights pertaining to the collection and use of evidence.
• Senate Bill 469, which would apply the existing Tender Years Exception — which allows certain out-of-court statements to be admissible as evidence — to include individuals with intellectual disabilities or autism.
• Senate Bill 479, sponsored by Baker, would expand the Tender Years Exception to apply to a wider variety of crimes, including serious sexual offenses. This exception currently only applies in cases of homicide, assault, kidnapping, burglary, robbery, and a narrow number of sexual offenses.
The three Senate bills were part of a comprehensive crime victim protection package that was approved by the Senate in April in recognition of National Crime Victims’ Rights Week.
The Senate also approved Senate Bill 123, also known as Karen’s Law, which limits the number of times that victims of sexually violent crimes are forced to testify at parole hearings. Current law allows offenders to apply for parole every year, forcing victims to relive their attack on an annual basis.
The bill would increase the time between parole hearings from one year to three years. The bill was sent to the House of Representatives for consideration.
AG audit begins of PSP Firearms
Instant Background Check System
Auditor General Eugene DePasquale this week announced he will audit the Pennsylvania Instant Check System (PICS) operated by state police.
PICS provides quick access to background records to determine if an individual is eligible to buy a firearm or obtain a license to carry a firearm.
“The purpose of my audit is to make sure the PICS system is working as intended and has kept up with changing technology,” DePasquale said. “I want to ensure there are no gaps in the system that could result in a tragic loss of life.”
PICS was first implemented in 1998. Today, state police say about 60 percent of the individuals seeking to purchase a firearm are approved within a matter of minutes.
State Police conducted more than 266,000 individual PICS checks during the first quarter of 2019. A total of 3,260 individuals were denied based on those checks.
DePasquale’s audit, which is being performed at the request of a bipartisan group of state legislators, will explore a number of issues, including:
• Examine whether State Police promptly, accurately and consistently issued decisions and processed challenges to denials in accordance with federal and state laws;
• Investigate whether all state and out-of-state criminal, civil, mental health, and other necessary records are incorporated into the PICS and the National Instant Criminal Background Check System; and
• Evaluate the process used to identify and address firearm owners who have lost the right to own a firearm and whether PSP’s role in this process is operating effectively.
To learn more about the Department of the Auditor General, visit www.paauditor.gov.
Counties reach milestone
with new voting systems
Pennsylvania’s progress in upgrading its election equipment reached an important milestone last week, with half of counties now having taken official action toward purchasing new voting systems with advanced security to ensure the integrity of the vote and the accuracy of audits and recounts.
Some 34 of the commonwealth’s 67 counties have voted to either buy or lease a new voting system with a paper record, or have approved funding for such a system.
About 80 percent of counties have selected, or have concrete plans to select, their new voting system and implement it by the April 2020 primary, including nine counties that have already deployed new systems.
President Donald Trump’s U.S. Department of Homeland Security, along with the U.S. Senate and House intelligence committees and many security experts, have urged states to switch to new voting systems that produce a paper record before the 2020 election.
Paper records allow voters to verify their choices before casting their ballot and enable election officials to conduct the most accurate recounts and audits of election results.
In April 2018, the Department of State informed counties they must select new voting systems that provide a paper record, meet 21st-century standards of security and accessibility for people with disabilities, and can be more thoroughly audited than current systems. Counties must choose their new voting systems by Dec. 31, 2019, and implement them no later than the 2020 primary election.
“I applaud the counties for their commitment and diligent efforts to provide their voters with the most up-to-date, secure and accessible voting systems available,” Acting Secretary of State Kathy Boockvar said. “I am inspired by their leadership in protecting the accuracy and integrity of Pennsylvania’s vote counts.”
On June 13, counties gained a seventh choice of voting systems that meet the state’s new security and accessibility standards and provide a paper record. Boockvar certified for use in the commonwealth the Hart Verity Voting 2.3.4. system.
Under the Pennsylvania Election Code, every county must employ voting systems that are certified by both the federal Election Assistance Commission and the secretary of the commonwealth.
In Pennsylvania, every voting system and paper ballot must include plain text that voters can read to verify their choices before casting their ballot. Election officials will also use the plain text to perform pre-election testing and post-election audits and recounts.
Gov. Tom Wolf has proposed a minimum of $15 million in state funding each year for the next five years, for a combined total of at least $75 million to assist counties in acquiring new voting systems.
The governor has already committed $14.15 million in federal and state funding to counties for new voting systems.
