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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, ORIE, FARNESE, VANCE, EARLL, WAUGH, SMUCKER, PICCOLA, FOLMER, D. WHITE, EICHELBERGER, M. WHITE AND BOSCOLA, APRIL 23, 2009 |
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| REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, APRIL 23, 2009 |
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| AN ACT |
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1 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated |
2 | Statutes, further providing for license or permit |
3 | prohibition. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 1213 of Title 4 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 1213. [License or permit prohibition.] Consideration of |
9 | criminal record. |
10 | (a) License or permit.--No applicant for a license or permit |
11 | under this part, including principals and key employees, who has |
12 | been convicted of a felony or gambling offense in any |
13 | jurisdiction shall be issued a license or permit [unless 15 |
14 | years has elapsed from the date of expiration of the sentence |
15 | for the offense. When determining whether to issue a license or |
16 | permit to an applicant who has been convicted in any |
17 | jurisdiction of a felony or gambling offense, the board shall |
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1 | consider the following factors: |
2 | (1) The nature and duties of the applicant's position |
3 | with the licensed entity. |
4 | (2) The nature and seriousness of the offense or |
5 | conduct. |
6 | (3) The circumstances under which the offense or conduct |
7 | occurred. |
8 | (4) The age of the applicant when the offense or conduct |
9 | was committed. |
10 | (5) Whether the offense or conduct was an isolated or a |
11 | repeated incident. |
12 | (6) Any evidence of rehabilitation, including good |
13 | conduct in the community, counseling or psychiatric treatment |
14 | received and the recommendation of persons who have |
15 | substantial contact with the applicant]. |
16 | (b) Approval of others.--A person required by law or |
17 | regulation of the board to go through an approval process for |
18 | employment related to a licensed entity, involving either direct |
19 | employment by the licensed entity or providing services to the |
20 | licensed entity, shall not be approved by the board if the |
21 | person has been convicted of a felony in any jurisdiction. |
22 | Section 2. This act shall take effect immediately. |
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