THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN, RAFFERTY, EICHELBERGER, FONTANA, MENSCH, SOLOBAY, TARTAGLIONE AND WASHINGTON, MAY 24, 2011

REFERRED TO JUDICIARY, MAY 24, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for arson and

related offenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3301 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 3301.  Arson and related offenses.

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(h.2)  Background checks for prospective firefighters.--An

applicant for certification under 35 Pa.C.S. § 7384 (relating to

Pennsylvania State Fire Academy) for employment as a

firefighter, or an individual seeking to join a volunteer fire

company as a firefighter, shall be required to submit to a

criminal history background investigation which shall include

records of criminal arrests and convictions, no matter where

occurring, including Federal criminal history record

information, prior to being enrolled in a firefighter training

program or offered employment as a firefighter or membership in

a volunteer fire company. The applicant shall submit to

fingerprinting by the Pennsylvania State Police or by a local

law enforcement agency capable of submitting fingerprints

electronically to the Pennsylvania State Police utilizing the

Integrated Automated Fingerprint Identification System or in a

manner and in such form as may be provided by the Pennsylvania

State Police. Fingerprinting under this part shall require, at a

minimum, submission of a full set of fingerprints. The

Pennsylvania State Police shall submit the fingerprints to the

Federal Bureau of Investigation for purposes of verifying the

identity of the applicant and obtaining records of criminal

arrests and convictions and shall provide the same to the

municipality or volunteer fire company. Fingerprints obtained

under this subsection may be maintained by the Pennsylvania

State Police for general law enforcement purposes. The costs of

fingerprinting and completion of the criminal background

investigation shall be paid by the applicant, except that

nothing in this section shall be construed to prohibit the

municipality in which the individual is seeking employment or in

which the volunteer fire company is located from paying for the

cost of the fingerprinting and criminal background investigation

or from reimbursing the individual for such costs. A criminal

history background investigation completed under this subsection

shall be valid for 45 days.

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Section 2.  This act shall take effect in 60 days.