Gov. Tom Wolf signed several bills into law recently, including House bills 440, 1439, 1696 and 1984, and Senate Bill 1076, which focus, respectively, on expanding the state’s Clean Slate law, and supporting mental health parity, sexual assault survivors and veterans.
House Bill 440 expands on the state’s historic Clean Slate law by removing an obligation to pay any outstanding court-ordered financial obligations before eligible cases can be sealed. Any restitution owed for convictions committed is not waived. The bill also requires that when a person receives a pardon, that record is automatically sealed and if they receive a not-guilty verdict the record is expunged.
“House Bill 440 furthers Pennsylvania’s role as a national model for commonsense, bipartisan criminal justice reforms by removing a significant barrier from obtaining a clean slate due to failure to be able to pay court costs,” Wolf said. “I believe in second chances and I am pleased that our legislature feels the same way and demonstrated it by passing this legislation.”
“Today once again proves that real criminal justice reform is possible,” said House Democratic Caucus Chair Joanna E. McClinton. “When I first introduced this bill five years ago, I knew it could change lives. Now, thanks to Governor Wolf and my colleagues in the House and Senate, countless Pennsylvanians will be able to move on with their lives after being found innocent or pardoned of a crime.”
In addition to pioneering an automated sealing process, Clean Slate also expanded the number of misdemeanor convictions that can be sealed after a petition is filed in court. Sealed records are not available to the public, helping people access employment, housing and education. Clean Slate is allowing thousands of Pennsylvanians to move past their old, minor criminal record, and even more people can take advantage of this second chance with the passage of HB440.
To date, almost 35 million cases have been automatically sealed without the cost of filing petitions in court. That’s more than half of the charges in the court’s database.
House bills 1439 and 1696 require health insurers that want to offer comprehensive health insurance coverage in Pennsylvania to verify that they have completed and fully documented analyses of their efforts to provide mental health and substance-use coverage that is comparable to physical health services with respect to cost sharing, in- and out-of-network coverage, and other treatment limits.
Insurers must also make that documentation available to the Pennsylvania Insurance Department, upon request to demonstrate compliance with the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). Documentation must also be available to policyholders and providers upon request.
The new requirements are one element of Wolf’s multi-agency effort and anti-stigma campaign, Reach Out PA: Your Mental Health Matters dedicated to expanding resources and the state’s comprehensive support of mental health and related healthcare priorities in Pennsylvania.
“We must continue to do all that we can to support the mental health needs of all Pennsylvanians,” Wolf said. “Mental healthcare is healthcare and we must not treat it any differently than any physical healthcare need.”
House Bill 1984 provides safety, protection and stability for survivors of rape or incest, and their children who are conceived as a result of the offense. The legislature passed this bill unanimously. The bill makes it possible for the victim of rape or sexual assault to terminate the parental rights of the person who committed rape or sexual assault that resulted in the birth of a child.
“I will always steadfastly support the rights of victims of sexual assault,” Wolf said. “This bill can do even more to help ease pain and support survivors of these heinous crimes.”
Senate Bill 1076 mends Title 51 (Military Affairs), in military leave of absence, further providing for military family relief assistance.
“Support for our veterans and their families is vital and is the least we can do for their dedicated service to our commonwealth and country,” Wolf said. “This bill supports our veterans by providing any needed financial help during these especially tough times.”
“The Military Family Relief Assistance Program has proven successful in providing financial security to veterans and their families during a time of temporary hardship,” said Sen. Pam Iovino (D-Allegheny/Washington), a 23-year Navy veteran who introduced the bill. “I appreciate the governor’s and the General Assembly’s unanimous support to indefinitely extend this important program. The majority of veterans are thriving and playing important roles in their community by applying the skills they gained in our armed forces. But veterans can also face unique challenges as a result of their service to our nation, and it’s important that the Military Family Relief Assistance Program be there for them.”
Other bills signed by the governor include the following:
– House Bill 81, which provides for certification of central service technicians; imposes continuing education requirements; provides for duties of healthcare facilities and the Department of Health; and regulates the practice of surgical technology and surgical technologists
– House Bill 86, which amends the act granting the Governor of the Commonwealth the sole authority for regulating the display of the flag of the United States from any public ground or building, further providing for the display of the official POW/MIA flag
– House Bill 375, which amends the State Lottery Law, in pharmaceutical assistance for the elderly, further providing for definitions
– House Bill 703, which amends the Public School Code, in school directors, providing for publication of email addresses for school directors; and, in charter schools, for publication of email addresses for board of trustees and for applicability
– House Bill 716, which amends the Administrative Code, in powers and duties of the Department of Labor & Industry, its departmental administrative and advisory boards and officers, for task force on misclassification of employees
– House Bill 885, which amends the Public Works Contractors’ Bond Law, further providing for duty of prime contractor to provide financial security in certain contracts involving public works and public improvements
– House Bill 1032, which amends the Real Estate Appraisers Certification Act, further providing for definitions and for State Board of Certified Real Estate Appraisers
– House Bill 1033, which amends the Assessors Certification Act, providing for definitions and for duties of board; repealing provisions relating to qualifications; providing for certification; for employees of political subdivisions; and/or disciplinary measures
– House Bill 1584, which amends Title 30 (Fish) in Pennsylvania Fish and Boat Commission, repealing provisions relating to waterways patrolment and employees
– House Bill 1673, which amends Title 35 (Health and Safety) in commonwealth services, for scope of subchapter, legislative findings and declaration of purpose, for definitions, for assistance to volunteer fire companies, ambulance service and rescue squads, for loan fund
– House Bill 1838, which amends Titles 35 (Health and Safety) and 75 (Vehicles) in emergency medical services system, further providing for support of emergency medical services; for EMS costs; and for Accelerated Rehabilitative Disposition
– House Bill 1961, which amends Title 71 (State Government), in state employees’ defined contribution plan, for individual investment accounts, for participant contributions, for employer defined contributions, for vesting, for powers and duties of board
– House Bill 2073, which amends the First Class Township Code, for taxation and legal advertising, relating to elections and population ascertainment, the constriction of boundaries, public official salaries and pensions, the filling of vacancies, repealing provisions
– House Bill 2370, which amends Title 57 (Notaries Public), in Revised Uniform Law on Notarial Acts, for authority to perform notarial act, for notarial act performed for remotely located individuals and for notification regarding performance of notarial act
– House Bill 2438, which amends Title 68 (Real and Personal Property), providing for broadband services
– House Bill 2561, which amends the Optometric Practice and Licensure Act, further providing for definitions, for approval of drugs, for exemptions and exceptions and for violations and penalties
– Senate Bill 273, which amends the Community-Based Health Care Act, in healthcare assistance, further providing for Community-Based Health Care program
– Senate Bill 940, which provides for filing and recording by municipalities of condemnation orders and for statements of vacated condemnation orders
– Senate Bill 952, which amends Title 51 (Military Affairs) in veterans preference, repealing provisions relating to soldier defined, for purpose and definition, repealing provisions relating to credits in civil service exams, for preference in appointment or promotion
– Senate Bill 995, which amends Title 75 (Vehicles) in general provisions, further providing for definitions
– Senate Bill 1281, which amends Title 75 (Vehicles) in licensing of drivers, for schedule of convictions and points; in rules of the road, for duty of driver in emergency response areas; and in offenses, for homicide by vehicle and aggravated assault by vehicle
