Bickerton and Bickerton Attorneys at Law

The Pennsylvania General Assembly has passed a law prohibiting drivers from sending text messages or otherwise composing written messages (email, Facebook, Twitter, etc.) while driving.  The prohibition does not include devices used “exclusively” for the purpose of navigation or the act of dialing a phone number while driving.   Drivers caught texting while driving will face a $50 fine.

While earlier drafts of the law made the violation a secondary offense, the law as passed makes texting while driving a primary offense.  In other words, police officers can pull drivers over “just” for texting while driving.  No other motor vehicle code violation is required to justify the stop.  The law now goes to Governor Tom Corbett for final approval.  If approved, the law will take effect in 120 days.

For more information, go to:

http://www.post-gazette.com/pg/11306/1186784-454.stm

http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2011&sessInd=0&billBody=S&billTyp=B&billNbr=0314&pn=1724

Continue Reading

The new expansion to the Pennsylvania castle doctrine will take effect on Saturday, August 27th, 2011.  (h/t NRA-ILA)

For more information, go to:

UPDATE: In the News: Pa governor signs bill expanding Castle Doctrine

In the News: PA Castle Doctrine Bill passes state senate

Continue Reading

On July 7th, 2011, Governor Tom Corbett signed a law into effect that would immunize underage drinkers from criminal charges if they are seeking medical attention for another person.  The purpose of this law is to encourage underage drinkers to call for help if they see another person who is “in need of immediate medical attention to prevent death or serious injury.”

To qualify for amnesty under the new law, a person must show that the only reason why law enforcement became aware of the underage drinking (or possession of alcohol) was because 1.) the underaged person called for help in a situation where they reasonably believed that another person was in need of serious medical attention, 2.) the underaged person reasonably believed that he was the first to call for help, 3.) the underaged person gave his name to the emergency responder when he called for help, 4.) the underaged person stayed with the person suffering a medical emergency until help arrived and his presence is no longer necessary.

For more information, go to:

In the News: Pa considers underage drinking amnesty law

http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2011&sessInd=0&billBody=S&billTyp=B&billNbr=0448&pn=1458

Continue Reading

The Pittsburgh Post-Gazette reports that Governor Tom Corbett has signed a Pennsylvania bill expanding the castle doctrine.  Under the previous law, if a person faced the threat of death or serious bodily injury outside of their home or place of work was able to retreat with complete safety, self-defense with deadly force was not permitted.  With the new law, it is now permissible to meet a threat of death or serious bodily injury with deadly force regardless of the location as long as the person is legally permitted to be at the location.  The new bill also provides protection from civil liability for those who use deadly force legally.

For more information, go to:

http://bickerton-law.com/2011/06/20/in-the-news-pa-castle-doctrine-bill-passes-state-senate/

http://www.post-gazette.com/pg/11179/1156785-100.stm

http://www.nraila.org/News/Read/NewsReleases.aspx?ID=15275

Continue Reading

A Pennsylvania bill modfiying the duty to retreat in the face of a threat of death or serious bodily injury has passed the Pennsylvania General Assembly and is awaiting approval by Governor Tom Corbett.

Under existing law, a person has a duty to retreat from a threat of death or serious bodily injury if 1.) he can retreat with complete safety and 2.) he is not in his home or place of business.  With the new law, a person who is in a place where she or he has the right to be may legally meet a threat of death or serious bodily injury with deadly force without being required to escape.  The statute would also create immunity from a civil suit in cases where a person properly used force in self defense.

For more information, go to:

http://www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2011&sessInd=0&billBody=H&billTyp=B&billNbr=0040&pn=1038

http://www.nraila.org/Legislation/Read.aspx?ID=6937

Continue Reading

The Pittsburgh Tribune Review reports that the Allegheny County sex offender residency restriction ordinance has been rejected by the Pennsylvania Supreme Court.  The court concluded that the local residency restriction is invalid because it “clearly interferes with the statewide operation of the Sentencing and Parole Codes and with the General Assembly’s policies in these arenas.”  The 3rd Circuit Court of the United States previously concluded that the residency restrictions were improper and petitioned the Pennsylvania Supreme Court to determine whether the local residency restrictions were pre-empted by Megan’s Law.  The Pennsylvania Supreme Court concluded that the state legislature already provided for the supervision and restriction of sex offender’s residences and that local government bodies are therefore precluded from enacting their own restrictions.

For more information:

http://www.pittsburghlive.com/x/pittsburghtrib/news/breaking/s_739096.html

http://www.aopc.org/OpPosting/Supreme/out/J-79-2010mo.pdf

Continue Reading

The Pittsburgh Post-Gazette reports that the Pennsylvania House of Representatives has passed a law designed to lower the criminal sanctions associated with teen sexting.  Under the proposed law, anyone under the age of 18 who sends a sexually explicit depiction of himself or another minor to another person who is under the age of 18 will be guilty of a second degree misdemeanor.  Additionally, the proposed law decriminalizes a minor’s transmission or possession of a depiction of a minor who is simply nude.  The proposed law does not protect depictions of  “either sexual intercourse or deviate sexual intercourse or the penetration, however slight, of the genitals or anus of a minor with any part of a person’s body, masturbation, sadism or masochism.”

Adults who possess illicit pictures of minors are still guilty of a felony-level offense.

The proposed law must be passed by the Pennsylvania Senate and signed by Governor Tom Corbett before it is enacted.

For more information, go to:

http://www.post-gazette.com/pg/11144/1148751-178.stm

http://www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2011&sessInd=0&billBody=H&billTyp=B&billNbr=0815&pn=1711

Continue Reading

The Pittsburgh Post-Gazette reports that the Pennsylvania General Assembly is considering legislation that would grant amnesty to underage drinkers who contact the police or emergency medical services in an effort “to help a friend or acquaintance with a life-threatening, alcohol-related illness.”  While the law would protect underage drinkers who call for help, it also requires that the persons give their name and information to the responders, that they “they believe they are the first to alert emergency authorities,” and that they stay with the person needing help until the emergency responders arrive.

For more information, go to: http://www.post-gazette.com/pg/11144/1148734-454.stm?cmpid=news.xml#ixzz1NGTyoUY5

(h/t @PittNews)

Continue Reading

The Pittsburgh Post-Gazette reports that the Allegheny County Court of Common Pleas will start a new court program for defendants charged with sex crimes.  The program’s goal is to increase accountability among sex offenders and to reduce recidivism rates.  The new program will also result in sex offense cases being moved through the judicial system faster.

For more information, go to:

http://postgazette.com/pg/11124/1144009-100.stm

Continue Reading

The Pittsburgh Post-Gazette reports that US District Judge Gustave Diamond has denied a defendant’s motion to suppress evidence and dismiss charges in a case where the evidence was destroyed before trial.  In this case, the Allegheny County District Attorney’s office permitted drug evidence and a coin purse allegedly seized from the defendant to be incinerated. Before granting the request to incinerate the evidence, the District Attorney’s Office was not aware that the United States Attorney General’s Office was prosecuting the case.  The defense argued that it was substantially impaired by the destruction of evidence and requested that the court dismiss the charges and suppress the destroyed evidence.  After considering the motions, Judge Diamond concluded that the evidence was not destroyed in bad faith and that the prosecution was not put on notice that the defendant found the coin purse to be exculpatory evidence.

For more information, go to:

http://www.post-gazette.com/pg/11109/1140430-100.stm?cmpid=latest.xml

Continue Reading