|
Report submitted by Andy Hoover, Legislative Director, ACLU of PA
Privacy and surveillance: real id
After five statewide committee hearings in the spring, the House of Representatives unanimously passed House Bill 2537 on June 27. HB 2537 would block the Commonwealth from seeking certification in the federal Real ID program. Our attention now turns to the Senate. Our goal is to have a bill blocking Pennsylvania's participation in Real ID on the governor's desk by the end of the session. 11 states have passed statutes to block Real ID, and many more have passed non-binding resolutions protesting it.
lgbt rights: marriage amendment
In May, a proposed amendment to the state constitution banning same-sex marriage and the "functional equivalent" of marriage was defeated without the bill ever coming to a vote. SB 1250 passed out of committee in the Senate, but Senate leadership chose not to vote on the bill once it became apparent that the bill would be dead on arrival in the House. Due to the rules on passing constitutional amendments, the bill cannot be considered this fall.
ACLU-PA's communications on this issue are available on our legislative page under 'LGBT Rights'.
reproductive rights: comprehensive sexual education
We recently learned that the state Department of Health intends to apply for federal funding for abstinence-only sexual education. Pennsylvanians for Responsible Sex Education (PARSE), a coalition in which the ACLU of PA is a member, has organized an effort to persuade the Rendell administration to not apply for this funding. The application deadline is September 2.
Our action alert on this issue is available here.
criminal justice: criminal records expungement
On April 28, the Senate passed an amended version of SB 232. The original version allowed people convicted of summary offenses, third-degree misdemeanors (M3), and second-degree misdemeanors (M2) to have their records expunged after a period of years without an additional conviction. Our testimony in support of this bill is available here(PDF), and our testimony in support of similar bills in the House is available here(PDF, 101K). The amended version of SB 232 allows expungement of only summary offenses.
A similar bill in the House, HB 1543, would allow expungement of summary offenses and M3s. M2s could be expunged if it occurred when the defendant was under 25 years of age. HB 1543 passed out of the House Judiciary Committee on April 8 and is on the House calendar for September 15.
criminal justice: juvenile justice
In June, Rep. Jennifer Mann (D-Allentown) introduced an amendment to an unrelated bill that would create a criminal offense of "criminal gang activity." A person could be charged with this offense after committing another offense and if he met two of seven indicia, including the types of clothing he wears, where he lives, and if a law enforcement agency says he's a gang member.
Fittingly, in the midst of the debate, Penn State released the results of a study showing that funding from the Pennsylvania Commission on Crime and Delinquency in prevention programs had a return of more than $300 million.
The memo we sent to the full House in opposition to this amendment is available here(PDF, 102K). Ultimately, the amendment did not come to a vote.
criminal justice: expansion of megan's law
On July 29, Karl Baker, a member of the ACLU-PA board of directors, testified on our behalf before the House Judiciary Committee in opposition to House Bill 164. This bill would increase the sentencing for certain sex offenses, create "child protective zones" within 2000 feet of places where children gather, and would require GPS tracking of certain types of former sex offenders while on parole and/or while required to register under Megan's Law. Karl was not opposing this alone. Other witnesses in opposition included the Pennsylvania State Police, Probation and Parole, Philadelphia Defender Association, and others.
Karl's testimony is available here(PDF, 112K).
hiv-aids: opt-out testing for pregnant women
In June, the House Health and Human Services planned to consider HB 2465, a bill that would require pregnant women to opt-out of HIV testing. Opt-out testing raises significant privacy concerns, and the ACLU supports HIV testing performed under informed consent. Studies indicate that in other states that have opt-out testing some pregnant women are not even aware that they have been tested. Others feel forced or intimidated into accepting the testing. HIV care is long-term and requires a trusting relationship between patient and doctor, and the ACLU believes that informed consent creates the best atmosphere for ensuring that HIV-positive patients receive the best care possible.
ACLU-PA and a coalition of opponents organized in opposition to HB 2465, and the committee and primary sponsor withdrew the bill. We are now working with the primary sponsor and the state Department of Health on alternatives to increase testing in Pennsylvania.
|
