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                                                      PRINTER'S NO. 1097

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 962 Session of 1989


        INTRODUCED BY REBER, CALTAGIRONE, FOX, KOSINSKI, CESSAR, ARGALL,
           TRELLO, FEE, JADLOWIEC, FAIRCHILD, THOMAS, JAROLIN, KENNEY,
           TIGUE, ROBINSON, D. W. SNYDER, GLADECK, B. SMITH, HARPER,
           MAIALE, J. L. WRIGHT, RAYMOND, MORRIS, STABACK, PERZEL,
           GODSHALL, MELIO, GEIST, SERAFINI, SAURMAN, VROON, CIVERA,
           BURD, SCHEETZ, ADOLPH, CLYMER, CORNELL, VEON, JOHNSON,
           J. TAYLOR, CAWLEY, BELFANTI, GANNON, CARLSON, BLAUM, FARMER,
           BELARDI, ROBBINS, DIETTERICK, DeLUCA, CORRIGAN, SEMMEL,
           FLICK, NOYE, E. Z. TAYLOR, LEE, DALEY, OLASZ, WOGAN AND
           MARSICO, APRIL 4, 1989

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 4, 1989

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for law
     3     enforcement records.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6308(b)(1) of Title 42 of the
     7  Pennsylvania Consolidated Statutes is amended to read:
     8  § 6308.  Law enforcement records.
     9     * * *
    10     (b)  Public availability.--
    11         (1)  The contents of law enforcement records and files
    12     concerning a child shall not be disclosed to the public
    13     except if the child is 14 or more years of age at the time of
    14     the alleged conduct and if any of the following apply:


     1             (i)  [the] The child has been adjudicated delinquent
     2         by a court as a result of an act or acts which include
     3         the elements of rape, kidnapping, murder, robbery, arson,
     4         burglary [or]; any other act involving the use of or
     5         threat of serious bodily harm; an act involving the sale,
     6         delivery or possession with intent to deliver a
     7         controlled substance, as defined under the act of April
     8         14, 1972 (P.L.233, No.64), known as The Controlled
     9         Substance, Drug, Device and Cosmetic Act; or a felony
    10         under The Controlled Substance, Drug, Device and Cosmetic
    11         Act.
    12             (ii)  [a] A petition alleging delinquency has been
    13         filed by a law enforcement agency alleging that the child
    14         has committed an act [or acts which include the elements
    15         of rape, kidnapping, murder, robbery, arson, burglary or
    16         other act involving the use of or threat of serious
    17         bodily harm] referred to in subparagraph (i), and the
    18         child previously has been adjudicated delinquent by a
    19         court as a result of an act or acts which included the
    20         elements of one of such crimes[; or].
    21             (iii)  [the] The child is a dangerous juvenile
    22         offender.
    23         * * *
    24     Section 2.  This act shall take effect in 60 days.




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