PRINTER'S NO. 1607
No. 1323 Session of 1995
INTRODUCED BY DELP, MADIGAN, WENGER, HELFRICK, MUSTO AND O'PAKE,
DECEMBER 1, 1995
REFERRED TO JUDICIARY, DECEMBER 1, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for regulations on
3 dissemination of criminal history record information.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9121(b) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended and the section is amended by
8 adding a subsection to read:
9 § 9121. General regulations.
10 * * *
11 (b) Dissemination to noncriminal justice agencies and
12 individuals.--Criminal history record information shall be
13 disseminated by a State or local police department to any
14 individual or noncriminal justice agency only upon request.
15 Except as provided in subsection (b.1):
16 (1) A fee may be charged by a State or local police
17 department for each request for criminal history record
18 information by an individual or noncriminal justice agency.
1 (2) Before a State or local police department
2 disseminates criminal history record information to an
3 individual or noncriminal justice agency, it shall extract
4 from the record all notations of arrests, indictments or
5 other information relating to the initiation of criminal
6 proceedings where:
7 (i) three years have elapsed from the date of
8 arrest;
9 (ii) no conviction has occurred; and
10 (iii) no proceedings are pending seeking a
11 conviction.
12 (b.1) Exception.--Subsection (b)(1) and (2) shall not apply
13 if the request is made by a county children and youth agency or
14 the Department of Public Welfare, in the performance of duties
15 relating to children and youth under the act of June 24, 1937
16 (P.L.2017, No.396), known as the County Institution District
17 Law, the act of June 13, 1967 (P.L.31, No.21), known as the
18 Public Welfare Code, 23 Pa.C.S. Ch. 63 (relating to child
19 protective services) or 42 Pa.C.S. Ch. 63 (relating to juvenile
20 matters).
21 * * *
22 Section 2. This act shall take effect in 60 days.
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