House Co-Sponsorship Memoranda

Subscribe to receive notifications of new Co-Sponsorship Memos circulated

House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted:	September 30, 2024 09:39 AM
From:	Representative Craig Williams
To:	All House members
Subject:	Stopping Violent Crime/Package 2

No one should live in fear of violence, or amid the constant stress and anxiety that an increasingly lawless society creates. But in the past four years, we all have witnessed increasing levels of crime throughout our Commonwealth. Providing for the public’s safety has to be a core function of government. That’s why we are proposing a package of bills targeted at preventing, policing, prosecuting and punishing the most serious, most violent offenders in our state to restore law and order to our communities.
Our constituents describe to us their fear and anxiety about violence, crime, and lawlessness. We believe much of this eroding social order is driven by a relatively small number of hardened criminals. That’s why our bills will be targeted at the gang members, career criminals, and other dangerous offenders who demonstrate disdain for ordered society.
To restore law and order, our plan works in all four stages of law enforcement: Prevention, Policing, Prosecution, and Punishment.

Prevention: Stopping or deterring crime through direct community involvement in law enforcement.
Policing: Equipping trained law enforcement with tools to identify and combat career criminals and street gangs.
Prosecution: Concentrating prosecution toward the worst, most demonstrably violent offenders and supervising those dangerous career criminals who may be more likely to reoffend upon eventual release.
Punishment: Creating uniformity in punishments across the state while guaranteeing that each victim receives the dignity of having their offender serve an independent sentence for their crime.

The progressive approach to crime we have seen for the past several years simply does not work. If progressive politicians are not undermining and defunding the police, then progressive prosecutors are not really prosecuting criminals. Stopping violent crime is one of the most important, fundamental issues facing our state. Please join us in sponsoring these bills to restore basic law and order to Pennsylvania.

Document #1

Description:	Prosecution (Rep. Ecker) Create a public safety assessment program for “severe violent offenders” (SVOs) modeled on “sexually violent predators” (SVPs) in SORNA. Current law (the Sexual Offender Registration and Notification Act – “SORNA” or what has previously been known as “Megan’s Law” or the “Adam Walsh Act”), provides for a public registry of sexual offenders, which includes certain public notice requirements for those offenders.Within the broader class of sexual offenders there is a smaller class of offenders who are independently assessed by a panel of experts for possible designation as SVPs.These SVPs are subject to particularly strong scrutiny. This bill will create a similar public registry for those who are prone to severe violence.The bill will require the Board of Parole to supervise the creation of an independent panel to conduct SVO assessments.When an offender is convicted of one of a list of certain offenses involving personal injury to another, the offender will be referred for assessment if (1) the offender commits a Felony V (see above); (2) the prosecutor refers the offender for assessment; or (3) the victim requests the court to refer the offender for assessment, and the court consents to referral.In addition, prior to parole or release, DOC will have the option of referring an offender for assessment regardless of whether the offender was previously assessed. Offenders who are designated as SVOs will be subject to the following public safety measures: A public registry requirement, tiered to last for different lengths of time depending on the severity of the offense. Requirements to report residence and job to PSP Ongoing anti-violence counseling requirements. Notification requirements to neighbors, schools, businesses living or working in close proximity to the SVO.

Description:

Prosecution

(Rep. Ecker) Create a public safety assessment program for “severe violent offenders” (SVOs) modeled on “sexually violent predators” (SVPs) in SORNA.

Current law (the Sexual Offender Registration and Notification Act – “SORNA” or what has previously been known as “Megan’s Law” or the “Adam Walsh Act”), provides for a public registry of sexual offenders, which includes certain public notice requirements for those offenders.Within the broader class of sexual offenders there is a smaller class of offenders who are independently assessed by a panel of experts for possible designation as SVPs.These SVPs are subject to particularly strong scrutiny.

This bill will create a similar public registry for those who are prone to severe violence.The bill will require the Board of Parole to supervise the creation of an independent panel to conduct SVO assessments.When an offender is convicted of one of a list of certain offenses involving personal injury to another, the offender will be referred for assessment if (1) the offender commits a Felony V (see above); (2) the prosecutor refers the offender for assessment; or (3) the victim requests the court to refer the offender for assessment, and the court consents to referral.In addition, prior to parole or release, DOC will have the option of referring an offender for assessment regardless of whether the offender was previously assessed.

Offenders who are designated as SVOs will be subject to the following public safety measures:

A public registry requirement, tiered to last for different lengths of time depending on the severity of the offense.
Requirements to report residence and job to PSP
Ongoing anti-violence counseling requirements.
Notification requirements to neighbors, schools, businesses living or working in close proximity to the SVO.

Document #2

Description:	Prosecution 2. (Rep. Gaydos) Provide a presumption against release on bail for violent offenders. The assessment of bail or the conditions of release prior to trial have been exclusively determined by the court system.This bill will, however, apply a legal presumption against release on bail for defendants charged with serious violent offenses.

Document #3

Description:	Prosecution 3. (Rep. Bonner) Create presumptively applicable bail guidelines. There is a lack of uniformity statewide on the availability of bail, with some particularly violent jurisdictions perplexingly granting bail more liberally.The Pennsylvania Sentencing Commission already publishes thoughtful guidelines for the assessment of sentences following conviction, as well as guidelines relating to sanctions for parole and probation violations. This bill will expand the role of the Sentencing Commission by charging it with published guidelines for the availability of bail and conditions for pretrial release of defendants.

Document #4

Description:	Prosecution 4. (Rep. Delozier) Create a unit of OAG prosecutors available to supplement and enhance county district attorneys. Each county elects its own district attorney who is responsible for prosecuting almost all crime occurring in that county.Some county district attorney offices can be sparely staffed, and none can predict when a need for extra prosecutors may arise.Although such a need may be rare, it can severely affect a county’s justice system when it happens. This bill will create a fund a unit of experienced prosecutors within OAG who would be available, upon request of a district attorney, for temporary assignment to work under the direction of the district attorney.

Document #5

Description:	Punishment 1. (Rep. C. Williams) Make the sentencing guidelines presumptively apply. The Pennsylvania Sentencing Commission recently updated its comprehensive guidelines for the sentencing of offenders.The purpose of the guidelines is to provide justice system participants with guidance on applying criminal punishments proportionally and uniformly throughout the state.However, the sentencing guidelines are just that – guidelines, from which a court can easily depart.Certain district attorneys and judges regularly depart from the guidelines, often with downward departures for serious offenses. This bill will create a presumption that the guidelines apply and limit the discretion of a sentencing court only to sentence within the applicable guidelines ranges, unless specific circumstances apply requiring departure in the interest of justice.

Document #6

Description:	Punishment 2. (Rep. Owlett) Require sentences for crimes of violence to be served consecutively for each victim when an offender harms multiple victims. The broad discretion available to courts means that criminal sentences can be served concurrently or consecutively.When an offender harms multiple victims, this discretion can mean that despite multiple convictions for each victim, the offender effectively only serves a single sentence because the court applies all of the sentences concurrently. This bill will require that an offender serve a sentence for each victim harmed by requiring concurrent sentencing when an offender harms multiple victims.

Memo Updated: September 30, 2024 09:42 AM