Pennsylvania Criminal Code

New Pa. laws include cancer coverage for firefighters

In late June, most of the news generated out of the General Assembly involved passage of the state budget and what impact it would have on the commonwealth.

And while the $27.15 billion spending plan was the key item that received the signature of Gov. Tom Corbett, it overshawdowed a flurry of activity taking place in the Capitol.

The governor signed 39 bills into law from June 30 to July 7. Of those, eight were sponsored by area lawmakers from Bucks and Montgomery counties.

Two of those bills deal with crimes that primarily impact young people, two assist groups that protect the community, consumers and business owners are aided in two others while the remaining two bills honor the memories of community leaders.

The new laws include:

Toughening the criminal code in drug deals where the victim dies of an overdose.

Making background checks for school employees more comprehensive to protect students.

Giving firefighters worker’s compensation benefits if they develop cancer from the job.

Granting formal burials to veterans buried at Washington Crossing National Cemetery.

Creating an account for fees paid by home improvement contractors to protect and educate consumers.

Allowing for Sunday sales of motorcycles.

The drug-dealing legislation gives law enforcement a stronger tool to prosecute drug dealers by changing the Pennsylvania Criminal Code to classify “drug delivery resulting in death” as a first-degree felony, according to state Rep. Bernie O’Neill, R-29, who sponsored the bill.

Previously, the specific crime of “drug delivery resulting in death” was classified as third-degree murder and a defendant’s guilt could only be proven by establishing “malice,” O’Neill said. “Malice was so hard to prove that nobody was being convicted. What we did is give prosecutors the means they need to go after these people, and the judges discretion to sentence them.”

Now, a defendant’s guilt can be proved if they “intentionally, knowingly, or recklessly” acted by selling the drug that led to the victim’s death. A conviction would merit five to 40 years, he said.

State Rep. Todd Stephens, R-151, in his first bill to become law, calls for more comprehensive background checks for school employees and “expands the list of offenses ... so students are further protected” in the classroom.

Stephens said school employees with criminal backgrounds would be prohibited from working in a school for longer periods and the potential of a lifetime ban is possible.

Unlawful Entry onto a School Bus | Harrisburg Pennsylvania ...

If Tara Keener had known that her 5-year-old son was only sleeping, she might not have acted this way. But Keener, an emergency room nurse, didn't know. All she knew was what she could see through the windows of a big yellow school bus as she walked down her Perry County driveway. Other kids were standing over the kindergartner's assigned seat, yelling that Xander was slumped over. Why the delay? Perry County District Attorney Charles F. Chenot III - who initially said this was one of those situations that could go either way - said he changed his mind after a conversation with Pamala Schaeffer, the assistant to Dennis Dum. Dum's Bus Service is contracted by West Perry Schools to transport all district children to school each day. "Mrs. Keener just did not give the driver the time she needed to take care of the situation," Schaeffer said. "According to our driver it happened, like seconds. We train the drivers in how to handle a situation. Not all are CPR certified, but this driver is a (certified nurse assistant), certified in CPR and works with patients daily at another job. She has been doing that for several years." "I'm not budging," Engle said. "I think the bus company is driving this, no pun intended and I think they're overreaching. I just don't seen 12 people convicting this woman."

My Review- By Attorney Jeffrey B. Engle

I've been reviewing some of the comments posted on 'Pennlive' by concerned citizens and other parents that are expressing their outrage about this case. Some of you have stated that all of the facts are not known, therefore, we shouldn't be too hasty in judging what the DA or the bus company has done.  I agree.  It's a news article.  We all have our own opinions about how we would react to the situation were we in it at that time.  I thank Sara Ganim for her objective reporting.  She is a good reporter.  But some of the facts were missed or not listed in the order that an attorney would prefer.  So, I've decided to go one step further than the news and list the FACTS :

1)  The child, Xander, age 5, has a speech disorder for which he has an IEP.

The Criminal code of Pennsylvania, an address before the Law Association of Philadelphia, December 4, 1916

Pennsylvania crimes code manual

The Penal code of Pennsylvania

Pennsylvania Crimes Code, Pocket FlipCode

Pennsylvania crimes code and vehicle law handbook