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                                                      PRINTER'S NO. 1503

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1060 Session of 2006


        INTRODUCED BY KITCHEN, TARTAGLIONE, A. WILLIAMS, HUGHES, FONTANA
           AND COSTA, FEBRUARY 6, 2006

        REFERRED TO LABOR AND INDUSTRY, FEBRUARY 6, 2006

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for use of records
     3     for employment.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9125 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 9125.  Use of records for employment.
     9     (a)  General rule.--Whenever an employer is in receipt of
    10  information which is part of an employment applicant's criminal
    11  history record information file and it concerns a crime of
    12  violence as defined in 42 Pa.C.S. § 9714(g) (relating to
    13  sentences for second and subsequent offenses) or it was an
    14  offense committed with a firearm and subject to sentencing under
    15  42 Pa.C.S. § 9712 (relating to sentences for offenses committed
    16  with firearms), it may use that information for the purpose of
    17  deciding whether or not to hire the applicant, only in
    18  accordance with this section.

     1     (b)  Use of information.--Felony and misdemeanor convictions
     2  may be considered by the employer only to the extent to which
     3  they relate to the applicant's suitability for employment in the
     4  position for which he has applied.
     5     (c)  Notice.--The employer shall notify in writing the
     6  applicant if the decision not to hire the applicant is based in
     7  whole or in part on criminal history record information.
     8     Section 2.  This act shall take effect in 60 days.















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