THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, PILEGGI, SCARNATI, BROWNE, SMUCKER, FONTANA, ALLOWAY, WAUGH, EARLL, FOLMER, WILLIAMS, YUDICHAK AND BRUBAKER, MAY 24, 2011

REFERRED TO INTERGOVERNMENTAL OPERATIONS, MAY 24, 2011  

AN ACT

Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and

Judicial Procedure), 46 (Legislature), 53 (Municipalities

Generally), 61 (Prisons and Parole) and 75 (Vehicles) of the

Pennsylvania Consolidated Statutes, by codifying and adding

provisions relating to certain legislative service agencies;

and making conforming amendments and related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3702(b) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3702.  Robbery of motor vehicle.

* * *

(b)  Sentencing.--The Pennsylvania Commission on Sentencing,

pursuant to [42 Pa.C.S. § 2154] 46 Pa.C.S. § 5905 (relating to

adoption of guidelines for sentencing), shall provide for a

sentencing enhancement for an offense under this section.

Section 2.  Subchapter F heading and sections 2151.1, 2151.2,

2152 and 2153 of Title 42 are repealed:

[SUBCHAPTER F

PENNSYLVANIA COMMISSION ON SENTENCING

§ 2151.1.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Board."  The Pennsylvania Board of Probation and Parole.

"Commission."  The Pennsylvania Commission on Sentencing

established in section 2151.2 (relating to commission).

"Department."  The Department of Corrections of the

Commonwealth.

§ 2151.2.  Commission.

(a)  General rule.--The commission shall be established as an

agency of the General Assembly and shall consist of 11 persons

selected as provided in this subchapter.

(b)  Seal.--The commission shall have a seal engraved with

its name and such other inscription as may be specified by

regulation of the commission.

§ 2152.  Composition of commission.

(a)  General rule.--The Pennsylvania Commission on Sentencing

shall consist of:

(1)  Two members of the House of Representatives selected

by the Speaker of the House of Representatives, no more than

one of whom shall be of the same political party.

(2)  Two members of the Senate of Pennsylvania selected

by the President pro tempore of the Senate, no more than one

of whom shall be of the same political party.

(3)  Four judges of courts of record selected by the

Chief Justice of Pennsylvania.

(4)  Three persons appointed by the Governor, who shall

be, respectively:

(i)  A district attorney.

(ii)  A defense attorney.

(iii)  Either a professor of law or a criminologist.

(a.1)  Ex officio members.--The Secretary of Corrections, the

victim advocate appointed under section 301 of the act of

November 24, 1998 (P.L.882, No.111), known as the Crime Victims

Act, and the chairman of the board, during their tenure in their

respective positions, shall serve as ex officio nonvoting

members of the commission.

(b)  Terms of office.--The members of the commission shall

serve for terms of two years and until a successor has been

selected and qualified. A vacancy on the commission shall be

filled for the balance of the term.

(c)  Chairman and executive director.--The commission shall

select a chairman from its members and an executive director.

The chairman shall:

(1)  Preside at meetings of the commission.

(2)  Direct the preparation of requests for

appropriations for the commission and the use of funds made

available to the commission.

(d)  Meetings and quorum.--

(1)  The commission shall meet at least four times a year

and not less than semiannually to establish its general

policies and rules.

(2)  The commission shall be deemed an "agency" within

the meaning of and shall be subject to the provisions of the

act of July 19, 1974 (P.L.486, No.175), referred to as the

Public Agency Open Meeting Law.

(3)  Seven commissioners shall constitute a quorum for

the purpose of adopting proposed initial and initial and

subsequent guidelines. A majority of commissioners shall

constitute a quorum for all other purposes.

(4)  Minutes of meetings shall be kept by the executive

director and filed at the executive office of the commission.

(e)  Records of action.--Except as otherwise provided by

statute, the commission shall maintain and make available for

public inspection a record of the final vote of each member on

any action taken by it.

(f)  Expenses.--Each commissioner shall be entitled to

reimbursement for his accountable expenses incurred while

engaged in the business of the commission.

§ 2153.  Powers and duties.

(a)  General rule.--The commission, pursuant to rules and

regulations, shall have the power to:

(1)  Establish general policies and promulgate such rules

and regulations for the commission as are necessary to carry

out the purposes of this subchapter and Chapter 97 (relating

to sentencing).

(2)  Utilize, with their consent, the services,

equipment, personnel, information and facilities of Federal,

State, local and private agencies and instrumentalities with

or without reimbursement therefor.

(3)  Enter into and perform such contracts, leases,

cooperative agreements and other transactions as may be

necessary in the conduct of the functions of the commission,

with any public agency or with any person, firm, association,

corporation, educational institution or nonprofit

organization.

(4)  Request such information, data and reports from any

officer or agency of the Commonwealth government as the

commission may from time to time require and as may be

produced consistent with other law.

(5)  Arrange with the head of any government unit for the

performance by the government unit of any function of the

commission, with or without reimbursement.

(6)  Issue invitations requesting the attendance and

testimony of witnesses and the production of any evidence

that relates directly to a matter with respect to which the

commission or any member thereof is empowered to make a

determination under this subchapter.

(7)  Establish a research and development program within

the commission for the purpose of:

(i)  Serving as a clearinghouse and information

center for the collection, preparation and dissemination

of information on Commonwealth sentencing, resentencing

and parole practices.

(ii)  Assisting and serving in a consulting capacity

to the board, State courts, departments and agencies in

the development, maintenance and coordination of sound

sentencing, resentencing and parole practices.

(8)  Collect systematically the data obtained from

studies, research and the empirical experience of public and

private agencies concerning the sentencing processes.

(9)  Publish data concerning the sentencing and parole

processes.

(10)  Collect systematically and disseminate information

concerning parole dispositions and sentences actually

imposed, including initial sentences and any subsequent

modification of sentences or resentences following revocation

or remand, and parole and reparole decisions by the board and

any other paroling authority.

(11)  Collect systematically and disseminate information

regarding effectiveness of parole dispositions and sentences

imposed.

(12)  Make recommendations to the General Assembly

concerning modification or enactment of sentencing, parole

and correctional statutes which the commission finds to be

necessary and advisable to carry out an effective, humane and

rational sentencing, resentencing and parole policy.

(13)  Establish a plan and timetable to collect and

disseminate information relating to incapacitation,

recidivism, deterrence and overall effectiveness of sentences

and parole dispositions imposed.

(14)  Establish a program to systematically monitor

compliance with the guidelines, with recommitment ranges and

with mandatory sentencing laws to document eligibility for

and releases pursuant to a county reentry plan, to document

eligibility for and imposition of recidivism risk reduction

incentive minimum sentences and to document all parole and

reparole decisions by the board and any other paroling

authority by:

(i)  Promulgating forms which document the

application of sentencing, resentencing and parole

guidelines, mandatory sentencing laws, releases pursuant

to a county reentry plan, recommitment ranges and

recidivism risk reduction incentive minimum sentences and

collecting information on all parole and reparole

decisions by the board and any other paroling authority.

(ii)  Requiring the timely completion and electronic

submission of such forms to the commission.

(15)  Prior to adoption of changes to guidelines for

sentencing, resentencing and parole and recommitment ranges

following revocation, use a correctional population

simulation model to determine:

(i)  Resources that are required under current

guidelines and ranges.

(ii)  Resources that would be required to carry out

any proposed changes to the guidelines and ranges.

(b)  Annual reports.--The commission shall report annually to

the General Assembly, the Administrative Office of Pennsylvania

Courts and the Governor on the activities of the commission.

(c)  Additional powers and duties.--The commission shall have

such other powers and duties and shall perform such other

functions as may be necessary to carry out the purposes of this

subchapter or as may be provided under any other provision of

law and may delegate to any commissioner or designated person

such powers as may be appropriate other than the power to

establish general policies, guidelines, rules and factors under

subsection (a)(1).]

Section 3.  Section 2154 of Title 42, amended October 27,

2010 (P.L.931, No.95), is repealed:

[§ 2154.  Adoption of guidelines for sentencing.

(a)  General rule.--The commission shall adopt guidelines for

sentencing within the limits established by law which shall be

considered by the sentencing court in determining the

appropriate sentence for defendants who plead guilty or nolo

contendere to, or who were found guilty of, felonies and

misdemeanors. In adopting guidelines, the commission shall

recommend confinement that is consistent with the protection of

the public, the gravity of the offense as it relates to the

impact on the life of the victim and the community and the

rehabilitative needs of the offender. The guidelines shall

address the following:

(1)  Seriousness of the offense, by specifying the range

of sentences applicable to crimes of a given degree of

gravity, including incapacitation of serious violent

offenders.

(2)  Criminal history, by specifying a range of sentences

of increased severity for offenders previously convicted of

or adjudicated delinquent for one or more misdemeanor or

felony offenses committed prior to the current offense.

(3)  Criminal behavior, by specifying a range of

sentences of increased severity for offenders who pose a

substantial risk to public safety, including those who

possessed or used a deadly weapon during the commission of

the current conviction offense.

(4)  Aggravated and mitigated ranges, by specifying 

variations from the range of sentences applicable on account

of aggravating or mitigating circumstances.

(5)  The impact of any amendments to section 9756

(relating to sentence of total confinement).

(b)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Possessed."  On a defendant's person or within the

defendant's immediate physical control.

"Previously convicted of or adjudicated delinquent."  Any

finding of guilt or adjudication of delinquency, whether or not

sentence has been imposed or disposition ordered prior to the

commission of the current offense.]

Section 4.  Section 2154.1 of Title 42 is repealed:

[§ 2154.1.  Adoption of guidelines for county intermediate

punishment.

The commission shall adopt guidelines to identify offenders

who would be eligible and appropriate for participation in

county intermediate punishment programs. These guidelines shall

be considered by the sentencing court in determining whether to

sentence an offender pursuant to section 9763 (relating to

sentence of county intermediate punishment). The guidelines

shall:

(1)  Use the description of "eligible offender" provided

in Chapter 98 (relating to county intermediate punishment).

(2)  Give primary consideration to protection of the

public safety.]

Section 5.  Section 2154.2 of Title 42, amended October 27,

2010 (P.L.931, No.95), is repealed:

[§ 2154.2.  Adoption of guidelines for State intermediate

punishment.

The commission shall adopt guidelines to identify offenders

who would be appropriate for participation in State intermediate

punishment programs. These guidelines shall be considered by the

attorney for the Commonwealth and the sentencing court in

determining whether to commit a defendant for evaluation and

whether to sentence an eligible offender pursuant to 61 Pa.C.S.

Ch. 41 (relating to State intermediate punishment). The

guidelines shall:

(1)  Use the description of "eligible offender" provided

in 61 Pa.C.S. Ch. 41.

(2)  Give primary consideration to protection of the

public safety.]

Section 6.  Sections 2154.3, 2154.4, 2154.5, 2154.6, 2154.7,

2155 and 2156 of Title 42 are repealed:

[§ 2154.3.  Adoption of guidelines for fines.

The commission shall adopt guidelines for fines or other

lawful economic sanctions, within the limits established by law,

which shall be considered by the sentencing court in determining

the appropriate sentence for defendants who plead guilty or nolo

contendere to or who are found guilty of felonies and

misdemeanors. The guidelines shall do all of the following:

(1)  Specify the range of fines or other lawful economic

sanctions, applicable to crimes of a given degree of gravity.

(2)  Specify a range of fines or other lawful economic

sanctions of increased amount for defendants previously

convicted or adjudicated delinquent for one or more

misdemeanor or felony offenses committed prior to the current

offense. For purposes of this paragraph, the term "previously

convicted or adjudicated delinquent" shall include any

finding of guilt or adjudication of delinquency whether or

not sentence has been imposed or disposition ordered prior to

the commission of the current offense.

(3)  Prescribe variations from the range of fines

applicable on account of aggravating or mitigating

circumstances.

(4)  Prescribe community service alternatives which may

be imposed in lieu of all or part of the fines where the

sentencing court finds the defendant lacks the ability to pay

all or part of the fine.

§ 2154.4.  Adoption of guidelines for resentencing.

The commission shall adopt guidelines that shall be

considered by the court when resentencing an offender following

revocation of probation, county intermediate punishment or State

intermediate punishment. The guidelines shall take into account:

(1)  Factors considered in adopting the sentencing

guidelines.

(2)  The seriousness of the violation.

(3)  The rehabilitative needs of the defendant.

§ 2154.5.  Adoption of guidelines for parole.

(a)  Adoption.--The commission shall adopt guidelines that

shall be considered by the board and any other paroling entity

when exercising its power to parole and reparole all persons

sentenced by any court in this Commonwealth to imprisonment in

any correctional institution. The guidelines shall do all of the

following:

(1)  Give primary consideration to the protection of the

public and to victim safety.

(2)  Provide for due consideration of victim input.

(3)  Be designed to encourage inmates and parolees to

conduct themselves in accordance with conditions and rules of

conduct set forth by the department or other prison

facilities and the board.

(4)  Be designed to encourage inmates and parolees to

participate in programs that have been demonstrated to be

effective in reducing recidivism, including appropriate drug

and alcohol treatment programs.

(5)  Provide for prioritization of incarceration,

rehabilitation and other criminal justice resources for

offenders posing the greatest risk to public safety.

(6)  Use validated risk assessment tools, be evidence

based and take into account available research relating to

the risk of recidivism, minimizing the threat posed to public

safety and factors maximizing the success of reentry.

(b)  Discretionary authority.--Notwithstanding any other

provision of law, this section shall not remove the

discretionary parole authority of the board and any other

paroling entity when exercising its power to parole and

reparole.

§ 2154.6.  Adoption of recommitment ranges following revocation

of parole by board.

(a)  Recommitment ranges.--The commission shall adopt

recommitment ranges that shall be considered by the board when

exercising its power to reparole, commit and recommit for

violations of parole any person sentenced by a court in this

Commonwealth to imprisonment in any correctional institution.

The recommitment ranges shall take into account the seriousness

of the initial conviction offense, the level of seriousness of

the violation and the rehabilitative needs of the defendant. At

the end of the recommittal period, the parole violator shall be

reviewed for parole or, without further review, shall be

reparoled.

(b)  Deviation.--In every case in which the board deviates

from the recommitment ranges, the board shall provide a

contemporaneous written statement of the reasons for the

deviation from the recommitment ranges to the commission as

established under section 2153(a)(14) (relating to powers and

duties).

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Recommitment range."  A range of time within which a parole

violator may be recommitted to serve an additional part of the

term the parole violator would have been compelled to serve had

the parole violator not been paroled.

§ 2154.7.  Adoption of risk assessment instrument.

(a)  General rule.--The commission shall adopt a sentence

risk assessment instrument for the sentencing court to use to

help determine the appropriate sentence within the limits

established by law for defendants who plead guilty or nolo

contendere to or who were found guilty of felonies and

misdemeanors. The risk assessment instrument may be used as an

aide in evaluating the relative risk that an offender will

reoffend and be a threat to public safety.

(b)  Sentencing guidelines.--The risk assessment instrument

may be incorporated into the sentencing guidelines under section

2154 (relating to adoption of guidelines for sentencing).

(c)  Presentence investigation report.--Subject to the

provisions of the Pennsylvania Rules of Criminal Procedure, the

sentencing court may use the risk assessment instrument to

determine whether a more thorough assessment is necessary and to

order a presentence investigation report.

(d)  Alternative sentencing.--Subject to the eligibility

requirements of each program, the risk assessment instrument may

be an aide to help determine appropriate candidates for

alternative sentencing, including the recidivism risk reduction

incentive, State and county intermediate punishment programs and

State motivational boot camps.

(e)  Definition.--As used in this section, the term "risk

assessment instrument" means an empirically based worksheet

which uses factors that are relevant in predicting recidivism.

§ 2155.  Publication of guidelines for sentencing, resentencing

and parole and recommitment ranges following

revocation.

(a)  General rule.--The commission shall:

(1)  Prior to adoption, publish in the Pennsylvania

Bulletin all proposed sentencing guidelines, resentencing

guidelines following revocation of probation, county

intermediate punishment and State intermediate punishment,

parole guidelines and recommitment ranges following

revocation by the board of paroles granted, and hold public

hearings not earlier than 30 days and not later than 60 days

thereafter to afford an opportunity for the following persons

and organizations to testify:

(i)  Pennsylvania District Attorneys Association.

(ii)  Chiefs of Police Associations.

(iii)  Fraternal Order of Police.

(iv)  Public Defenders Organization.

(v)  Law school faculty members.

(vi)  State Board of Probation and Parole.

(vii)  Department of Corrections.

(viii)  Pennsylvania Bar Association.

(ix)  Pennsylvania Wardens Association.

(x)  Pennsylvania Association on Probation, Parole

and Corrections.

(xi)  Pennsylvania Conference of State Trial Judges.

(xii)  Any other interested person or organization.

(2)  Publish in the Pennsylvania Bulletin sentencing

guidelines as adopted by the commission.

(b)  Rejection by General Assembly.--Subject to gubernatorial

review pursuant to section 9 of Article III of the Constitution

of Pennsylvania, the General Assembly may by concurrent

resolution reject in their entirety any guidelines or

recommitment ranges adopted by the commission within 90 days of

their publication in the Pennsylvania Bulletin pursuant to

subsection (a)(2).

(c)  Effective date.--Sentencing guidelines, resentencing

guidelines following revocation of probation, county

intermediate punishment and State intermediate punishment,

parole guidelines and recommitment ranges following revocation

by the board of paroles granted, adopted by the commission shall

become effective 90 days after publication in the Pennsylvania

Bulletin pursuant to subsection (a)(2) unless disapproved

pursuant to subsection (b) and shall apply to sentences and

resentences and parole decisions made after the effective date

of the guidelines. If not disapproved, the commissioners shall

conduct training and orientation for trial court judges and

board members prior to the effective date of the guidelines and

recommitment ranges.

§ 2156.  Severability of subchapter.

The provisions of this subchapter are severable. If any

provision of this subchapter or its application to any person or

circumstance is held invalid, the invalidity shall not affect

other provisions or applications of this subchapter which can be

given effect without the invalid provision or application.]

Section 7.  Section 9721(b) and 9781(d)(4) of Title 42 are

amended to read:

§ 9721.  Sentencing generally.

* * *

(b)  General standards.--In selecting from the alternatives

set forth in subsection (a), the court shall follow the general

principle that the sentence imposed should call for confinement

that is consistent with the protection of the public, the

gravity of the offense as it relates to the impact on the life

of the victim and on the community, and the rehabilitative needs

of the defendant. The court shall also consider any guidelines

for sentencing and resentencing adopted by the Pennsylvania

Commission on Sentencing and taking effect under [section 2155]

46 Pa.C.S. § 5913 (relating to publication of guidelines for

sentencing, resentencing and parole and recommitment ranges

following revocation). In every case in which the court imposes

a sentence for a felony or misdemeanor, modifies a sentence,

resentences an offender following revocation of probation,

county intermediate punishment or State intermediate punishment

or resentences following remand, the court shall make as a part

of the record, and disclose in open court at the time of

sentencing, a statement of the reason or reasons for the

sentence imposed. In every case where the court imposes a

sentence or resentence outside the guidelines adopted by the

Pennsylvania Commission on Sentencing under [sections 2154] 46

Pa.C.S. §§ 5905 (relating to adoption of guidelines for

sentencing), [2154.1] 5906 (relating to adoption of guidelines

for county intermediate punishment), [2154.2] 5907 (relating to

adoption of guidelines for State intermediate punishment),

[2154.3] 5908 (relating to adoption of guidelines for fines),

[2154.4] 5909 (relating to adoption of guidelines for

resentencing) and [2154.5] 5910 (relating to adoption of

guidelines for parole) and made effective under [section 2155]

46 Pa.C.S. § 5913, the court shall provide a contemporaneous

written statement of the reason or reasons for the deviation

from the guidelines to the commission, as established under

[section 2153(a)(14)] 46 Pa.C.S. § 5904(a)(14) (relating to

powers and duties). Failure to comply shall be grounds for

vacating the sentence or resentence and resentencing the

defendant.

* * *

§ 9781.  Appellate review of sentence.

* * *

(d)  Review of record.--In reviewing the record the appellate

court shall have regard for:

* * *

(4)  The guidelines promulgated by the [commission]

Pennsylvania Commission on Sentencing under 46 Pa.C.S. Ch. 59

(relating to Pennsylvania Commission on Sentencing).

* * *

Section 8.  Title 46 is amended by adding parts to read:

PART I

GENERAL PROVISIONS

Chapter

1. Preliminary Provisions

CHAPTER 1

PRELIMINARY PROVISIONS

Sec.

101.  Short title.

§ 101.  Short title.

This title shall be known and may be cited as the Legislative

Code.

PART II

MEMBERS OF THE GENERAL ASSEMBLY

(Reserved)

PART III

OFFICERS AND EMPLOYEES

(Reserved)

PART IV

ADMINISTRATIVE MATTERS

(Reserved)

PART V

LEGISLATIVE SERVICE AGENCIES

Chapter

51.  General provisions

53.  Legislative Reference Bureau

55.  Legislative Data Processing Committee

57.  Capitol Preservation Committee

59.  Pennsylvania Commission on Sentencing

61.  Pennsylvania Office for Research and Public Policy

CHAPTER 51

GENERAL PROVISIONS

Sec.

5101.  Definitions.

5102.  Cooperation among agencies.

§ 5101.  Definitions.

The following words and phrases when used in this part shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Legislative service agency."  Any of the following:

(1)  The Legislative Reference Bureau.

(2)  The Legislative Data Processing Committee.

(3)  The Capitol Preservation Committee.

(4)  The Pennsylvania Commission on Sentencing.

(5)  The Legislative Research and Policy Development

Office.

§ 5102.  Cooperation among agencies.

(a)  General rule.--The executive directors of the

legislative service agencies shall meet to discuss how their

respective legislative service agencies may support each other

to better serve the General Assembly. The executive director of

the Pennsylvania Office of Research and Public Policy shall

schedule the meetings with a goal of meeting at least quarterly.

(b)  Development of procedures.--The executive directors may

develop procedures for sharing employees for certain projects.

CHAPTER 53

LEGISLATIVE REFERENCE BUREAU

Sec.

5301.  Definitions.

5302.  Legislative Reference Bureau.

5303.  Director.

5304.  Qualifications and duties of director.

5305.  Assistant director.

5306.  Staff.

5307.  Hours of operation.

5308.  Legislative and public documents.

5309.  Duties of bureau.

5310.  Availability for consultation.

5311.  Contracts for printing statutes.

§ 5301.  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:

"Bureau."  The Legislative Reference Bureau established by

this chapter.

"Director."  The Director of the Legislative Reference

Bureau.

§ 5302.  Legislative Reference Bureau.

(a)  Establishment.--The Legislative Reference Bureau is

established for the use and information of the Governor, the

members of the General Assembly, the heads of the departments of

State government and the citizens of this Commonwealth who wish

to consult the bureau.

(b)  Location.--The bureau shall be located in the Main

Capitol Building.

§ 5303.  Director.

The Director of the Legislative Reference Bureau shall be in

charge of the bureau and shall be elected biennially before the

first day of February, each odd-numbered year, by the Senate and

House of Representatives in joint session.

§ 5304.  Qualifications and duties of director.

(a)  General rule.--The director shall be:

(1)  Qualified by experience, knowledge and ability to

conduct the work of the bureau.

(2)  Knowledgeable in legislative procedure and

parliamentary practice and shall in such matters, when called

upon to do so, serve as an ex officio advisor to the General

Assembly.

(b)  Bond.--The person elected as director shall give bond in

the sum of $10,000 for the faithful performance of the person's

duties and shall devote the person's whole time and attention to

the duties of the office for which the person is elected.

(c)  Access to legislative documents.--The director shall

have access to the law library and its publications of the

various state governments and the Federal Government, which may

be generally classed as legislative documents.

(d)  Salary.--The annual salary of the director shall be

determined jointly by the President pro tempore of the Senate,

the Minority Leader of the Senate, the Speaker of the House of

Representatives and the Minority Leader of the House of

Representatives.

§ 5305.  Assistant director.

(a)  Appointment by director.--The director shall appoint an

assistant director who must be learned in the law and a skilled

bill drafter.

(b)  Salary and duties.--

(1)  The assistant director shall receive a salary as

fixed by the director.

(2)  The assistant director shall perform the duties of

the director in the case of a vacancy in that office or in

case of the absence or inability of the director to act.

(3)  The assistant director shall perform such other

duties as may be assigned by the director.

§ 5306.  Staff.

(a)  Appointment by director.--The director shall appoint a

trained librarian and such attorneys-at-law, clerks,

secretaries, stenographers, typists, messengers and other

employees, as the director deems necessary, and for such periods

and on such terms as the director deems advantageous to conduct

the work of the bureau at all times.

(b)  Compensation.--The director shall fix the number and

compensation of all employees of the bureau within the limits of

appropriations made in advance by the General Assembly.

§ 5307.  Hours of operation.

The bureau shall be kept open on business days from 8:45 a.m.

to 4:45 p.m. during the year and, when the General Assembly is

in session, at such hours as are most convenient to the members

of the General Assembly.

§ 5308.  Legislative and public documents.

(a)  Duty to maintain.--The director shall prepare, and have

available for use:

(1)  Indices of Pennsylvania laws, digests of such public

laws of this Commonwealth and other states as may be of use

for legislative information.

(2)  Records and files of all bills and resolutions

presented in either branch of the General Assembly and loose

leaf files of acts of Assembly.

(3)  Catalog files of such reports of departments, boards

and commissions and other public documents of this

Commonwealth.

(4)  General books and pamphlets as pertain to the work

and service of the bureau, files of newspaper and periodical

clippings and other printed matter as may be proper for the

purposes of the bureau.

(b)  Procurement of information.--The director shall, when

requested by the Governor, the members of the General Assembly

or the heads of departments, promptly procure available

information not on file in the bureau relating to legislation of

other states and shall investigate the manner in which laws have

operated.

(c)  Exchange of information with other states.--The director

shall establish a system of exchanges with such other states as

is expedient and practicable.

(d)  Preparation and publication of information.--The

director shall from time to time prepare and publish such

bulletins, pamphlets and circulars, containing information

collected by the bureau and such compilations of this or other

states, as the director determines to be of service to the

Governor, the members of the General Assembly, the several

departments of State government and the citizens of this

Commonwealth.

(e)  Preparation of codes.--

(1)  From time to time the director shall prepare, for

adoption or rejection by the General Assembly, codes, by

topics, of the existing general statutes, arranged by

chapters or articles and sections under suitable headings and

shall add to the codes lists of statutes of the existing law

to be repealed.

(2)  The director shall assist in or supervise, when

called upon by any proper authority or when directed to do so

by the General Assembly, the compilation and preparation of

any general revision and codification of the existing laws of

this Commonwealth.

§ 5309.  Duties of bureau.

(a)  Prohibited activity.--The director, assistant director

and employees of the bureau may neither oppose nor urge

legislation for the Commonwealth.

(b)  Advice and assistance.--The director, assistant director

and employees of the bureau shall, upon request, assist the

Governor, the members of the General Assembly and the heads of

departments by:

(1)  Providing advice relating to bills and resolutions

of the General Assembly.

(2)  Drafting bills and resolutions into proper form.

(3)  Furnishing to them the fullest information upon all

matters within the scope of the bureau relating to their

public duties.

(c)  Confidentiality.--The director, assistant director and

employees of the bureau may not reveal to any person outside the

bureau the contents or nature of any matter not yet published,

without the consent of the person who brought the matter to the

bureau.

§ 5310.  Availability for consultation.

(a)  Duties.--The bureau shall be available for consultation

freely by citizens of this Commonwealth relating to such general

information as it may be able to furnish and as to the statutory

law of this Commonwealth or any other state on particular

subjects and shall furnish to citizens, upon request, copies of

such laws as are available for distribution.

(b)  Prohibition.--Notwithstanding the provisions of

subsection (a), in no case and under no circumstances shall the

director, assistant director or any employee of the bureau in

that person's official capacity furnish any opinion on any legal

matter to any private citizen.

§ 5311.  Contracts for printing statutes.

(a)  Power to enter into contracts.--

(1)  Notwithstanding any other provision of law to the

contrary, including 62 Pa.C.S. (relating to procurement), the

Pennsylvania Consolidated Statutes, advance copies of

statutes, volumes of the Laws of Pennsylvania and other

publications shall be printed under contracts entered into by

the bureau and distributed as determined by the bureau.

(2)  Money from sales shall be paid to the bureau or the

Department of General Services, as the bureau shall

determine, and that money shall be paid into the State

Treasury to the credit of the General Fund.

(3)  Money from sales is appropriated from the General

Fund to the bureau for the editing, printing and distribution

of the Pennsylvania Consolidated Statutes, advance copies of

statutes, volumes of the Laws of Pennsylvania and other

publications and for related expenses.

(b)  Contingent expenses to be paid.--Contingent expenses

connected with the work of the bureau shall be paid on warrants

of the State Treasurer in favor of the director on the

presentation of the director's requisitions.

(c)  Accounting of contingent expenses.--The director shall

file an accounting of the contingent expenses, together with

supporting documents whenever possible, in the office of the

bureau.

CHAPTER 55

LEGISLATIVE DATA PROCESSING COMMITTEE

Sec.

5501.  Definitions.

5502.  Legislative Data Processing Committee.

5503.  Powers and duties.

5504.  Duties and qualifications of executive director.

5505.  Prohibitions.

5506.  Reimbursement of expenses.

§ 5501.  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:

"Committee."  The Legislative Data Processing Committee

established by this chapter.

"Executive director."  The executive director of the

Legislative Data Processing Committee.

§ 5502.  Legislative Data Processing Committee.

(a)  Establishment.--

(1)  The Legislative Data Processing Committee is

established and shall consist of:

(i)  Two senators appointed by the President pro

tempore of the Senate.

(ii)  Two senators appointed by the Minority Leader

of the Senate.

(iii)  Two representatives appointed by the Speaker

of the House of Representatives.

(iv)  Two representatives appointed by the Minority

Leader of the House of Representatives.

(v)  The Secretary of the Senate and the

Parliamentarian of the House of Representatives, who

shall serve as nonvoting members of the committee.

(2)  Members of the committee shall serve during each

regular session of the General Assembly and shall continue as

members until the first Tuesday in January of the next odd-

numbered year and until their respective successors shall

qualify, provided they continue to be members of the Senate

or the House of Representatives.

(3)  The committee has a continuing existence and may

meet and conduct its business at any place within this

Commonwealth during the sessions of the General Assembly or

any recess thereof and in the interim between sessions.

(b)  Quorum and voting.--Six members of the committee shall

constitute a quorum and an affirmative vote of five members of

the committee shall be necessary to pass on any matter requiring

committee action.

(c)  Attendance.--Nothing in this chapter or in any rules and

regulations promulgated by the committee shall prohibit a member

of the committee from participating in a meeting, executive

session, deliberations or any other activity through telephone

or other electronic medium.

(d)  Proxies.--The committee shall adopt rules allowing for

and governing the use of proxies by members of the committee,

except that proxies may not be used to establish a quorum.

§ 5503.  Powers and duties.

The committee shall have the following powers and duties:

(1)  To establish and operate a legislative data

processing center incorporating a system or systems that are

capable of storing and retrieving all of the financial,

factual, procedural and legal information necessary to serve

all of the committees, officers and agencies of the General

Assembly.

(2)  With the approval of the Committee on Management

Operations of the Senate and the Bi-partisan Management

Committee of the House of Representatives, to provide access

to public legislative information within the computer

information systems operated by the committee to persons

outside the General Assembly as the committee deems

appropriate. The access shall be provided in the manner

approved by the committee, the Committee on Management

Operations of the Senate and the Bi-partisan Management

Committee of the House of Representatives. No information

residing in the computer information systems operated by the

committee shall be released or disseminated by the committee

or its employees to persons outside the General Assembly

without the approval of:

(i)  The Committee on Management Operations of the

Senate if the document or information was originated,

prepared, generated or maintained in whole or in part by

the Senate.

(ii)  The Bi-partisan Management Committee of the

House of Representatives if the document or information

was originated, prepared, generated or maintained in

whole or in part by the House of Representatives.

(3)  Notwithstanding paragraph (2), to provide access to

information relating to bills, legislative histories and

session calendars to the Governor's Office, the Office of

Attorney General, the Auditor General, the State Treasurer,

the heads of other departments and such other offices within

State government as the committee, with the approval of the

Committee on Management Operations of the Senate and the Bi-

partisan Management Committee of the House of

Representatives, shall determine.

(4)  To appoint and employ an executive director, who

shall be the chief executive officer of the committee, and

such other personnel as the committee may deem necessary in

the performance of its duties and to fix the compensation of

the executive director and other personnel.

(5)  To enter into contracts for the services of such

professional, expert or technical services as the committee

may deem necessary in the performance of its duties.

(6)  To purchase or rent such equipment and supplies as

the committee may deem necessary in the performance of its

duties.

(7)  To select its own chairman, vice chairman and such

other officers as the committee may deem necessary in the

performance of its duties.

(8)  To make such rules and regulations as the committee

may deem necessary to properly carry out the most efficient

use of a legislative data processing system.

§ 5504.  Duties and qualifications of executive director.

The executive director shall perform such duties as shall be

assigned to that office by the committee and must have the

following qualifications to be eligible for appointment:

(1)  a master's degree in mathematics, physics, computer

technology or some related field of study from an accredited

institution of higher learning;

(2)  a bachelor's degree from an accredited institution

of higher learning and at least three years of practical

experience in computer technology;

(3)  at least five years of practical experience in

computer technology of which at least two years must have

included administrative and technical responsibility for

developing and implementing a computer-oriented data

processing system; or

(4)  at least three years of practical experience in

developing computer data processing systems and any partial

combination of the experience qualifications specified in

paragraphs (1), (2) and (3) which in the committee's judgment

will result in the selection of an executive director capable

of performing the duties prescribed in this chapter.

§ 5505.  Prohibitions.

(a)  General rule.--No person designated by the committee as

a professional employee, including the executive director,

shall:

(1)  Be a member of or delegate or alternate to a

political convention, nor participate at any such convention,

except in the performance of the person's official duty or as

a visitor.

(2)  Serve as a member of any committee of any political

party, take an active part in political management or in

political campaigns, use the person's office or position to

influence political movements or to influence the political

action of an officer or employee in the classified service.

(3)  Circulate or seek signatures to a nomination or

other petition required by any primary or election law.

(4)  Seek or accept election, nomination or appointment

as an officer of a political club or organization or serve as

a member of a committee of any such club or organization.

(5)  In any manner participate in or interfere with the

conduct of any election or the preparation therefor at the

polling place or with the election officers while counting

the votes or returning the election material to the place

provided by law for that purpose. This paragraph shall not

apply to making and depositing the person's own ballot as

speedily as it reasonably can be done.

(6)  Be within the polling place or within 50 feet of a

polling place, except for the purpose of carrying out the

person's official duties and of ordinary travel or residence

during the period of time beginning with one hour preceding

the opening of the polls for holding such election and ending

with the time when the election officers shall have finished

counting the votes and have left the polling place for the

purpose of depositing the election material in the place

provided by law for that purpose.

(b)  Preservation of rights.--The rights of an individual as

a citizen are not impaired by this section, and the prerogative

to attend meetings, to hear or see any candidate or nominee or

to express one's individual opinion shall remain inviolate.

§ 5506.  Reimbursement of expenses.

The members of the committee shall serve without

compensation, but shall be reimbursed for their expenses

incurred:

(1)   While attending sessions of the committee or

meetings of any subcommittee of the committee.

(2)  While engaged in other committee business authorized

by the committee.

(3)  In going to and coming from meetings of the

committee or its subcommittees.

(4)  For travel and other committee business when

authorized by the committee.

CHAPTER 57

CAPITOL PRESERVATION COMMITTEE

Sec.

5701.  Legislative findings and declaration of policy.

5702.  Definitions.

5703.  Capitol Preservation Committee.

5704.  Powers and duties.

5705.  Capitol Restoration Trust Fund.

§ 5701.  Legislative findings and declaration of policy.

The General Assembly finds and declares as follows:

(1)  This Commonwealth has a rich heritage of historical

buildings, structures, documents, artifacts and other objects

and resources which bear witness to its growth as one of the

great states of this nation.

(2)  Efforts have been made toward the restoration and

preservation of buildings, structures, documents, artifacts and

objects evidencing the history of this eminent Commonwealth and

of the General Assembly and these efforts should be continued

and intensified.

(3)  Particular attention should be given to the preservation

of the architectural and historical integrity of the State

Capitol Building and to the restoration and preservation of

artifacts, documents and other historical objects and resources

located within that building.

(4)  The most effective way to promote and foster the

historic preservation of the State Capitol Building is by the

establishment of a committee to supervise and coordinate this

work.

§ 5702.  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:

"Committee."  The Capitol Preservation Committee established

by this chapter.

"Fund."  The Capitol Restoration Trust Fund established by

this chapter.

§ 5703.  Capitol Preservation Committee.

(a)  Establishment.--The Capitol Preservation Committee is

established and shall supervise and coordinate the historic

preservation of the State Capitol Building and the preservation

and restoration of historical documents, artifacts and other

objects and resources located in or associated with the State

Capitol Building.

(b)  Membership.--The committee shall be composed of the

following:

(1)  Four members of the Senate to be appointed by the

President pro tempore of the Senate, two from the majority

party and two from the minority party.

(2)  Four members of the House of Representatives to be

appointed by the Speaker of the House of Representatives, two

from the majority party and two from the minority party.

(3)  One member, appointed by the Chief Justice of

Pennsylvania, who is not a member of the judiciary.

(4)  The Secretary of General Services or the secretary's

designee.

(5)  The Executive Director of the Pennsylvania

Historical and Museum Commission or the executive director's

designee.

(6)  Three members appointed by the Governor, which

members shall include individuals with experience in

restoration of monumental buildings or a background in

historical restoration or fine arts conservation.

(b.1)  Restriction.--No member appointed under subsection (b)

(3) or (6) shall be a member of the executive, legislative or

judicial branch of State government at the time of the person's

appointment.

(c)  Terms.--

(1)  Members appointed under subsection (b)(1) and (2)

shall be appointed at the commencement of a regular session

of the General Assembly in each odd-numbered year. These

appointments shall take effect 31 days following the

convening of the session, and the terms of these members

shall run until 30 days after the convening of the next

regular session of the General Assembly.

(2)  The terms of members enumerated in subsection (b)(4)

and (5) shall be coincident with their respective offices.

(3)  The terms of members appointed under subsection (b)

(3) and (6) shall be coincident with that of the appointing

Governor, President pro tempore of the Senate, Speaker of the

House of Representatives and Chief Justice of Pennsylvania.

(d)  Vacancies.--Vacancies in the membership of the committee

shall be filled for the balance of the unexpired term in the

same manner as the original appointment.

(e)  Organization and procedure.--

(1)  The committee shall elect by a majority of all its

members a chairman and vice chairman from among its members,

each to serve for a term of two years, and the committee

shall meet not less than twice each year.

(2)  A majority of all the members of the committee shall

constitute a quorum for the transaction of business.

(3)  The committee may adopt rules for its government,

organization and procedures not inconsistent with the

provisions of this chapter.

(f)  Expenses.--Members of the committee shall receive no

compensation for their services but shall be reimbursed for all

necessary travel and other reasonable expenses incurred in

connection with the performance of their duties as members.

§ 5704.  Powers and duties.

In addition to other powers and duties conferred by this

chapter, the committee shall have the following powers and

duties:

(1)  To develop a comprehensive plan and program for the

historic preservation and restoration of the State Capitol

Building.

(2)  To monitor the making of all major repairs,

alterations and improvements in and about the State Capitol

Building, including the furnishing and refurnishing of the

building, where such repairs, alterations or improvements may

alter or otherwise affect the architectural and historical

integrity of the building.

(3)  To monitor the maintenance, restoration,

preservation and rehabilitation of historical documents,

artifacts and other historical objects or resources located

within and around, or associated with, the State Capitol

Building.

(4)  To acquire on behalf of the Commonwealth artifacts,

documents and other historical objects or resources which

contribute to the historical significance of the State

Capitol Building.

(5)  To receive for and on behalf of the Commonwealth

gifts or bequests of artifacts, documents and other

historical objects or resources which contribute to the

historical significance of the State Capitol Building.

(6)  To assist in the preservation of other buildings and

structures located within the Capitol Complex.

(7)  To accept grants and subsidies from and enter into

agreements or other transactions with any Federal agency or

agency of the Commonwealth or other entity.

(8)  To enter into contracts and to execute all

instruments necessary or convenient for carrying on its

operations.

(9)  To issue appropriate regulations for the

implementation of this chapter.

(10)  To do all other things necessary or convenient to

carry out the powers and duties conferred by this chapter.

§ 5705.  Capitol Restoration Trust Fund.

(a)  Establishment.--The Capitol Restoration Trust Fund is

established in the State Treasury. The fund shall be

administered by the committee and all moneys in the fund are

appropriated to the committee on a continuing basis.

(b)  Purpose.--The moneys in the fund shall be used for:

(1)  The maintenance, restoration, preservation and

rehabilitation of artifacts, documents and other historical

objects or resources located within and around or associated

with the State Capitol Building or acquired by the committee.

(2)  The acquisition of artifacts, documents and other

historical objects or resources, including, but not limited

to, statuary, art or any element which contributes to the

historical significance of the State Capitol Building.

(c)  Contributions, solicitation of funds.--

(1)  The committee may:

(i)  Accept on behalf of the Commonwealth gifts,

donations, legacies and usages of money from individuals,

organizations, public or private corporations and other

similar entities.

(ii)  Solicit and raise moneys from public and

private sources through the sale of commemorative medals

and other items of a similar nature which promote the

historic preservation and restoration of the State

Capitol Building.

(2)  Except for appropriations made by the General

Assembly, all moneys received or raised under this section

shall be paid into the State Treasury and credited to the

fund.

(d)  Operating expenses.--Appropriations made by the General

Assembly to the committee shall be used for:

(1)  Payment of necessary travel and other reasonable

expenses of committee members.

(2)  The compensation and expenses of staff for the

committee.

(3)  Administrative expenses.

(4)  Administering the provisions of the chapter.

CHAPTER 59

PENNSYLVANIA COMMISSION ON SENTENCING

Sec.

5901.  Definitions.

5902.  Pennsylvania Commission on Sentencing established.

5903.  Composition of commission.

5904.  Powers and duties.

5905.  Adoption of guidelines for sentencing.

5906.  Adoption of guidelines for county intermediate

punishment.

5907.  Adoption of guidelines for State intermediate punishment.

5908.  Adoption of guidelines for fines.

5909.  Adoption of guidelines for resentencing.

5910.  Adoption of guidelines for parole.

5911.  Adoption of recommitment ranges following revocation of

parole by board.

5912.  Adoption of risk assessment instrument.

5913.  Publication of guidelines for sentencing, resentencing

and parole and recommitment ranges following

revocation.

§ 5901.  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:

"Board."  The Pennsylvania Board of Probation and Parole.

"Commission."  The Pennsylvania Commission on Sentencing

established by this chapter.

"Department."  The Department of Corrections of the

Commonwealth.

§ 5902.  Pennsylvania Commission on Sentencing established.

(a)  General rule.--The Pennsylvania Commission on Sentencing