The state Senate last week approved legislation sponsored by Sen.

Mary Jo White, R-21st, that would establish a pretrial procedure to determine if a defendant in a capital penalty trial has mental retardation.White has previously introduced similar legislation following a 2002 U.S. Supreme Court ruling that applying the death penalty to persons with mental retardation is unconstitutional.The court left it up to states to determine how to implement the decision.White's bill calls for a pretrial hearing by a judge to make the assessment.The state House of Representatives has failed to vote on the previous measures."For seven years, Pennsylvania's Commonwealth courts have been waiting for direction from the Legislature regarding how the courts should determine mental retardation, and whether it should be decided before or after trial," White said."I think it makes the most sense to have a pretrial hearing. To have courts go through the expense and stress of a capital trial only to then determine it's not a capital case at all doesn't seem logical."Under the measure, counsel for a defendant in a capital case can request a hearing before trial to determine if the defendant is not eligible for the death penalty due to mental retardation.The bill also provides a similar procedure for a defendant already sentenced to death with appeals pending.The bill will again be sent to the House for consideration.———Legislation targeting those who view child pornography recently cleared the state Senate, according to Sen.

Bob Robbins, R-50th.The measure would make viewing child pornography a criminal offense under Pennsylvania law. The Pennsylvania Superior Court previously ruled that existing state laws prohibiting child pornography apply only to individuals who possess the illegal images.In at least one case, the conviction of an individual who admitted to intentionally viewing sexually explicit images of children on the Internet was overturned.Robbins said the proposed measure seeks to close the loophole in the law.The legislation was returned to the House for concurrence on Senate amendments.———The state Senate approved a gaming reform package intended to provide stricter oversight of the industry and address issues that have surfaced since slots gambling was legalized in Pennsylvania in 2004, said Sen.

Jane Orie, R-40th."We now know that there are places where we need to strengthen the law to ensure that these facilities are operating in a manner that is open, aboveboard and accountable," Orie said. "This package addresses all of these issues from the top down."The legislation, which passed the Senate with bipartisan support, would make changes to the law regulating casinos in Pennsylvania.It would reestablish the prohibition on political campaign contributions by individuals and entities subject to the Gaming Act, bar outside employment by members of the Pennsylvania Gaming Control Board and extend the ban on felons receiving gaming licenses.———Butler County Treasurer

Diane Marburger was elected first vice president of the County Treasurers' Association of Pennsylvania at the group's 61st annual convention held last month in the Poconos. The term runs from 2009 to 2010.Marburger serves on association's executive board.