PRINTER'S NO. 1995
No. 1617 Session of 1997
INTRODUCED BY JADLOWIEC, SURRA, SEYFERT, BAKER, GEIST, BELARDI,
HENNESSEY, FARGO, COY, SATHER, HALUSKA, MANDERINO, BELFANTI,
TRELLO, KENNEY, COLAFELLA, CIVERA, BROWN, E. Z. TAYLOR,
CLARK, LYNCH, McNAUGHTON, PISTELLA AND ROSS, JUNE 10, 1997
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 10, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for mandatory
3 fingerprinting.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9112 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 9112. Mandatory fingerprinting.
9 (a) General rule.--Fingerprints of all persons arrested for
10 a felony, misdemeanor or summary offense which becomes a
11 misdemeanor on a second arrest after conviction of that summary
12 offense, shall be taken by the arresting authority, and within
13 48 hours of the arrest, shall be forwarded to, and in a manner
14 and such a form as provided by, the central repository.
15 (b) Other cases.--
16 (1) Where private complaints for a felony or misdemeanor
17 result in a conviction, the court of proper jurisdiction
1 shall order the defendant to submit for fingerprinting by the
2 municipal police of the jurisdiction in which the offense was
3 allegedly committed or in the absence of a police department,
4 the State Police. Fingerprints so obtained shall, within 48
5 hours, be forwarded to the central repository in a manner and
6 in such form as may be provided by the central repository.
7 (2) Where defendants named in police complaints are
8 proceeded against by summons and the charges are still
9 pending or the defendants have been convicted, pled guilty or
10 nolo contendere, or entered into an Accelerated
11 Rehabilitative Disposition Program, or for offenses under
12 section 3929 (relating to retail theft), the court of proper
13 jurisdiction shall order the defendant to submit within five
14 days of such order for fingerprinting by the municipal police
15 of the jurisdiction in which the offense allegedly was
16 committed or, in the absence of a police department, the
17 State Police. Fingerprints so obtained shall, within 48
18 hours, be forwarded to the central repository in a manner and
19 in such form as may be provided by the central repository.
20 (c) Transmittal of information.--The central repository
21 shall transmit the criminal history record information to the
22 criminal justice agency which submitted a complete, accurate and
23 classifiable fingerprint card.
24 Section 2. This act shall take effect in 60 days.
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