AN ACT

 

1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, in criminal history record information, further
4providing for juvenile records; in juvenile matters, further
5providing for short title and purposes of chapter, for scope
6of chapter, for inspection of court files and records, for
7juvenile history record information and for conduct of
8hearings; and, in registration of sexual offenders, further
9providing for definitions and for court notification and
10classification requirements.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 9123(a)(2.1) of Title 18 of the
14Pennsylvania Consolidated Statutes is amended to read:

15§ 9123. Juvenile records.

16(a) Expungement of juvenile records.--Notwithstanding the
17provisions of section 9105 (relating to other criminal justice
18information) and except as provided under subsection (a.1),
19expungement of records of juvenile delinquency cases and cases
20involving summary offenses committed while the individual was
21under 18 years of age, wherever kept or retained, shall occur
22after 30 days' notice to the district attorney whenever the

1court upon its own motion or upon the motion of a child or the
2parents or guardian finds:

3* * *

4(2.1) the individual is 18 years of age or older and six
5months have elapsed since the individual has satisfied all
6terms and conditions of the sentence imposed following a
7conviction for a summary offense, with the exception of a
8violation of section 6308 (relating to purchase, consumption,
9possession or transportation of liquor or malt or brewed
10beverages), committed while the individual was under 18 years
11of age and since satisfying all terms and conditions of the 
12sentence the individual has not been convicted of a felony,
13misdemeanor or adjudicated delinquent and no proceeding is
14pending to seek such conviction and adjudication;

15* * *

16Section 2. Sections 6301(b)(2), 6303(c), 6307(c), 6309(d)
17and (e) and 6336(g) of Title 42 are amended to read:

18§ 6301. Short title and purposes of chapter.

19* * *

20(b) Purposes.--This chapter shall be interpreted and
21construed as to effectuate the following purposes:

22* * *

23(2) Consistent with the protection of the public
24interest, to provide for children committing delinquent acts
25programs of supervision, care and rehabilitation which
26provide balanced attention to the protection of the
27community, the imposition of developmentally appropriate
28accountability for offenses committed and the development of
29competencies to enable children to become responsible and
30productive members of the community.

1* * *

2§ 6303. Scope of chapter.

3* * *

4(c) Summary offenses generally.--In addition to the
5provisions of subsection (a)(5) and notwithstanding the
6exclusion of summary offenses generally from the definition of
7"delinquent act" under section 6302, the provisions of sections
86307 (relating to inspection of court files and records) and
96336(d) (relating to conduct of hearings), insofar as section
106336(d) relates to the exclusion of the general public from the
11proceedings, shall apply to proceedings involving a child
12charged with a summary offense when the proceedings are before a
13judge of the minor judiciary, the Philadelphia Municipal Court 
14or a court of common pleas.

15§ 6307. Inspection of court files and records.

16* * *

17(c) Summary offenses.--The provisions of this section shall
18apply to proceedings involving a child charged with a summary
19offense when the proceedings are before a judge of the minor
20judiciary, the Philadelphia Municipal Court or a court of common 
21pleas.

22§ 6309. Juvenile history record information.

23* * *

24(d) Disposition reporting.--The division or judge of the
25court assigned to conduct juvenile hearings shall, within seven
26days after disposition of a case where the child has been
27alleged to be delinquent, notify the arresting authority of the
28disposition of the case. [In addition, it shall collect and
29submit to the Juvenile Court Judges' Commission the] The
30disposition of cases where a child has been alleged to be

1delinquent, including the disposition of cases resulting in an
2adjudication of delinquency [which] shall be [submitted]
3provided to the Pennsylvania State Police for inclusion in the
4central repository [within 90 days of an adjudication of
5delinquency as required by] as determined by the Administrative 
6Office of Pennsylvania Courts in consultation with the Juvenile
7Court Judges' Commission. In addition, the Juvenile Court 
8Judges' Commission shall be provided with information pertaining 
9to the cases of children who have been alleged to be delinquent 
10as the commission determines necessary to fulfill its 
11responsibilities under section 6373 (relating to powers and 
12duties).

13(e) Definitions.--As used in this section, the following
14words and phrases shall have the meanings given to them in this
15subsection:

16"Criminal history record information." In addition to the
17meaning in 18 Pa.C.S. § 9102 (relating to definitions), the term
18includes the meaning of juvenile history record information as
19defined in this subsection.

20"Juvenile history record information." Information collected 
21pursuant to this section concerning alleged delinquents and 
22adjudicated delinquents whose fingerprints and photographs are 
23taken pursuant to section 6308(c) and arising from [the filing 
24of a petition] an allegation of delinquency, consisting of 
25identifiable descriptions, dates and notations of arrests or 
26other delinquency charges and any adjudication of delinquency or 
27preadjudication disposition other than dismissal arising 
28therefrom. This information shall also include the last known 
29location and the juvenile court jurisdiction status of each 
30adjudicated delinquent. Juvenile history record information
 

1shall not include intelligence information, investigative 
2information, treatment information, including medical and 
3psychiatric information, caution indicator information, modus 
4operandi information, wanted persons information, stolen 
5property information, missing persons information, employment 
6history information, personal history information or presentence 
7investigation information.

8§ 6336. Conduct of hearings.

9* * *

10(g) Summary offenses.--The provisions of subsection (d),
11insofar as subsection (d) relates to the exclusion of the
12general public from the proceedings, shall apply to proceedings
13involving a child charged with a summary offense when the
14proceedings are before a judge of the minor judiciary, the 
15Philadelphia Municipal Court or a court of common pleas.

16* * *

17Section 3. The definition of "juvenile offender" in section
189799.12 of Title 42 is amended to read:

19§ 9799.12. Definitions.

20The following words and phrases when used in this subchapter
21shall have the meanings given to them in this section unless the
22context clearly indicates otherwise:

23* * *

24"Juvenile offender." One of the following:

25(1) An individual who was 14 years of age or older at
26the time the individual committed an offense which, if
27committed by an adult, would be classified as an offense
28under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to
29involuntary deviate sexual intercourse) or 3125 (relating to
30aggravated indecent assault) or an attempt, solicitation or

1conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123
2or 3125 and either:

3(i) is adjudicated delinquent for such offense on or
4after the effective date of this section; or

5(ii) has been adjudicated delinquent for such
6offense and on the effective date of this section is
7subject to the jurisdiction of the court on the basis of
8that adjudication of delinquency, including commitment to
9an institution or facility set forth in section
106352(a) (3) (relating to a disposition of delinquent
11child).

12(2) An individual who, on or after the effective date of 
13this paragraph, was 14 years of age or older at the time the
14individual committed an offense similar to an offense under
1518 Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation
16or conspiracy to commit an offense similar to an offense
17under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws of the
18United States, another jurisdiction or a foreign country and
19was adjudicated delinquent for such an offense.

20(3) An individual who, on or after the effective date of
21this paragraph, was required to register in a sexual offender
22registry in another jurisdiction or foreign country based
23upon an adjudication of delinquency.

24The term does not include a sexually violent delinquent child.

25* * *

26Section 4. Section 9799.23(a) of Title 42 is amended to
27read:

28§ 9799.23. Court notification and classification requirements.

29(a) Notice to sexual offenders.--At the time of sentencing,
30of disposition under section 6352 (relating to disposition of
 

1delinquent child) in the case of a juvenile offender, of 
2adjudication of delinquency under section 6341 (relating to 
3adjudication) in the case of a juvenile offender if the 
4individual was adjudicated delinquent in any county other than 
5the individual's county of residence and section 9799.19(h)(1)
6(i)(B) (relating to initial registration) applies, or of
7commitment under section 6403 (relating to court-ordered 
8involuntary treatment) in the case of a sexually violent
9delinquent child, the court shall inform the sexual offender of
10the provisions of this subchapter. The court shall:

11(1) Specifically inform the sexual offender of the duty
12to register under this subchapter.

13(2) Specifically inform the sexual offender of:

14(i) the duty to register in accordance with sections
159799.15 (relating to period of registration), 9799.16(b)
16(relating to registry), 9799.19 [(relating to initial
17registration)] and 9799.25 (relating to verification by
18sexual offenders and Pennsylvania State Police); and

19(ii) the duty to attend counseling in accordance
20with:

21(A) section 9799.36 (relating to counseling of
22sexually violent predators) if applicable; or

23(B) section 6404.2(g) (relating to duration of
24outpatient commitment and review) if applicable.

25(3) Specifically inform the sexual offender of the duty
26to register with authorities in another jurisdiction within
27three business days of:

28(i) Commencement of residence, change of residence,
29termination of residence or failure to maintain a
30residence, thus making the sexual offender a transient.

1(ii) Commencement of employment, a change in the
2location or entity in which the sexual offender is
3employed or termination of employment.

4(iii) Commencement of enrollment as a student, a
5change in enrollment as a student or termination of
6enrollment as a student.

7(4) In accordance with section 9799.16(c), order that
8the fingerprints, palm prints, DNA sample and photograph of
9the sexual offender be provided to the Pennsylvania State
10Police upon sentencing.

11(5) Require the sexual offender to read and sign a form
12stating that the duty to register under this subchapter has
13been explained. If the sexual offender is incapable of
14speaking, reading or writing the English language, the court
15shall certify the duty to register was explained to the
16sexual offender, and the sexual offender indicated an
17understanding of the duty.

18(6) Specifically classify the individual as one of the
19following:

20(i) An individual convicted of a Tier I offense.

21(ii) An individual convicted of a Tier II offense.

22(iii) An individual convicted of a Tier III offense.

23(iv) A sexually violent predator.

24(v) A juvenile offender.

25(vi) A sexually violent delinquent child.

26* * *

27Section 5. This act shall take effect in 60 days.