aclu-pa at the state capitol, 2007-08 session
Report submitted by Andy Hoover, Legislative Director
The ACLU of PA had another successful session at the state capitol. Our achievements included the following:
- The passage of two bills we supported
- The passage of two study resolutions we supported
- The passage of zero bills we opposed
- Testimony submitted for 22 committee hearings
- Increased co-sponsors on LGBT non-discrimination (HB 1400, SB 761) and on death penalty study-and-suspension (HB 2565, SB 850)
bills supported by aclu-pa that became law
Open records reform (SB 1): In February, 2008, Governor Rendell signed legislation that reformed Pennsylvania's open records law. The ACLU of PA consistently advocated for three key components of this legislation that ultimately became law:
- The presumption that a record is open
- Placing the burden on the agencies to prove why a record should not be open
- The establishment of an advocate to promote better disclosure practices throughout all agencies
Criminal records expungement (HB 1543): In November, 2008, Governor Rendell signed legislation that allows those convicted of summary offenses to have their records expunged after a period of years without another conviction. The original version allowed the expungement of second-degree misdemeanors committed under the age of 25 and third-degree misdemeanors. After passage in the House, the Senate amended the bill to only allow the expungement of summaries.
ACLU-PA advocated for the broader language in hearings earlier this session, and we are disappointed that the Senate narrowed the bill. Nevertheless, we recognize that this bill would help people, even in its amended form, and our allies who work directly with Pennsylvanians whose criminal records negatively impact their employment opportunities are happy that this is now law.
resolutions supported by aclu-pa that passed one chamber
Indigent defense commission (SR 42): In April, 2007, the Senate unanimously passed this resolution to study how Pennsylvania funds indigent defense. Pennsylvania is one of just two states that do not provide state funding for public defenders.
Mandatory minimum sentencing study (HR 12): In October, 2007, the House unanimously passed this resolution. It creates a study by the Pennsylvania Commission on Sentencing to analyze the "use and impact" of mandatory minimum sentencing in the commonwealth. The study is due by October, 2009.
bills supported by aclu-pa that passed one chamber
Death penalty-mental retardation (SB 751): ACLU-PA stands with the Arc of PA, approximately a dozen other disabilities advocacy groups, Governor Rendell, and 45 of the 50 state senators: A judge should decide before trial if a defendant has mental retardation and, thus, cannot face the death penalty. In October, 2007, the Senate passed SB 751, 45-3. It has been six years since the U.S. Supreme Court decision in Atkins v. Virginia outlawed the execution of persons with mental retardation. Of the 13 death penalty states that have addressed this issue since that decision, 10 have made it law that this should happen before trial.
Real ID opt-out (HB 2537): In June, 2008, the House unanimously passed HB 2537. This bill states that the commonwealth shall not seek certification in the federal Real ID program. 11 states have chosen not to participate in Real ID. For more information about this unfunded federal mandate, visit www.realnightmare.org.
other issues addressed by aclu-pa
 Andy Hoover, legislative director, at the Rally for All Families. State capitol, Harrisburg, May 5, 2008 |
The marriage amendment (SB 1250): ACLU-PA is a member of the Value All Families Coalition (VAFC). This coalition advocated strongly and effectively against SB 1250, a proposal for an amendment to the state constitution to ban same-sex marriage and civil unions. After the bill moved through the committee process, the Senate decided not to vote on this issue.
LGBT non-discrimination (HB 1400, SB 761): This bill would amend the Pennsylvania Human Relations Act to include sexual orientation and gender identity and expression. The bill gained more co-sponsors, 78 in the House and 22 in the Senate, than it ever has in the past, and for the first time, committee hearings were held on the bill. Polling data recently released by the VAFC indicates that Pennsylvanians overwhelmingly support this legislation.
Death penalty study and suspension (HB 2565, SB 850): Bills were introduced in both chambers to create a study commission on the death penalty and suspend executions during the study. In the House, the legislation gained more than twice as many co-sponsors as in the past, and the co-sponsors included more Republicans than it has ever included in previous sessions. Also during this session, the American Bar Association released a report on Pennsylvania's death penalty that declared that capital punishment in the commonwealth is significantly flawed and risks executing an innocent person.
Emergency contraception in the emergency room (HB 288): With a coalition of organizations, ACLU-PA advocated for this legislation, which would require hospitals to have access to emergency contraception for sexual assault victims. The bill easily passed out of committee but did not receive a vote on the House floor. In the midst of the debate, the Department of Health passed regulations that would require EC to be available and would allow religiously-affiliated hospitals to transport the patient to another medical facility. This is problematic in rural areas and when the victim is severely injured.
ACLU-PA also worked on issues related to immigration, juvenile crime, and non-discrimination for foster children.
For more information about our work in the 2007-08 session, including testimony and press releases, click here.
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