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

1after 30 days' notice to the district attorney whenever the
2court upon its own motion or upon the motion of a child or the
3parents or guardian finds:

4* * *

5(2.1) the individual is 18 years of age or older and six
6months have elapsed since the individual has satisfied all
7terms and conditions of the sentence imposed following a
8conviction for a summary offense, with the exception of a
9violation of section 6308 (relating to purchase, consumption,
10possession or transportation of liquor or malt or brewed
11beverages), committed while the individual was under 18 years
12of age and<-, since satisfying all terms and conditions of the 
13sentence<-, the individual has not been convicted of a felony,
14misdemeanor or adjudicated delinquent and no proceeding is
15pending to seek such conviction and adjudication;

16* * *

17Section 2. Sections <-6301(b)(2), 6303(c), 6307(c), 6309(d)
18and (e) and 6336(g) of Title 42 are amended to read:

<-19§ 6301. Short title and purposes of chapter.

20* * *

21(b) Purposes.--This chapter shall be interpreted and
22construed as to effectuate the following purposes:

23* * *

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

1productive members of the community.

2* * *

3§ 6303. Scope of chapter.

4* * *

5(c) Summary offenses generally.--In addition to the
6provisions of subsection (a)(5) and notwithstanding the
7exclusion of summary offenses generally from the definition of
8"delinquent act" under section 6302, the provisions of sections
96307 (relating to inspection of court files and records) and
106336(d) (relating to conduct of hearings), insofar as section
116336(d) relates to the exclusion of the general public from the
12proceedings, shall apply to proceedings involving a child
13charged with a summary offense when the proceedings are before a
14judge of the minor judiciary, the Philadelphia Municipal Court 
15or a court of common pleas.

16§ 6307. Inspection of court files and records.

17* * *

18(c) Summary offenses.--The provisions of this section shall
19apply to proceedings involving a child charged with a summary
20offense when the proceedings are before a judge of the minor
21judiciary, the Philadelphia Municipal Court or a court of common 
22pleas.

23§ 6309. Juvenile history record information.

24* * *

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

1disposition of cases where a child has been alleged to be
2delinquent, including the disposition of cases resulting in an
3adjudication of delinquency [which] shall be [submitted]
4provided to the Pennsylvania State Police for inclusion in the
5central repository [within 90 days of an adjudication of
6delinquency as required by] as determined by the Administrative 
7Office of Pennsylvania Courts in consultation with the Juvenile
8Court Judges' Commission. In addition, the Juvenile Court 
9Judges' Commission shall be provided with information pertaining 
10to the cases of children who have been alleged to be delinquent 
11as the commission determines necessary to fulfill its 
12responsibilities under section 6373 (relating to powers and 
13duties).

14(e) Definitions.--As used in this section, the following
15words and phrases shall have the meanings given to them in this
16subsection:

17"Criminal history record information." In addition to the
18meaning in 18 Pa.C.S. § 9102 (relating to definitions), the term
19includes the meaning of juvenile history record information as
20defined in this subsection.

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

1adjudicated delinquent. Juvenile history record information 
2shall not include intelligence information, investigative 
3information, treatment information, including medical and 
4psychiatric information, caution indicator information, modus 
5operandi information, wanted persons information, stolen 
6property information, missing persons information, employment 
7history information, personal history information or presentence 
8investigation information.

9§ 6336. Conduct of hearings.

10* * *

11(g) Summary offenses.--The provisions of subsection (d),
12insofar as subsection (d) relates to the exclusion of the
13general public from the proceedings, shall apply to proceedings
14involving a child charged with a summary offense when the
15proceedings are before a judge of the minor judiciary, the 
16Philadelphia Municipal Court or a court of common pleas.

17* * *

18Section 3. The definition of "juvenile offender" in section
199799.12 of Title 42 is amended to read:

20§ 9799.12. Definitions.

21The following words and phrases when used in this subchapter
22shall have the meanings given to them in this section unless the
23context clearly indicates otherwise:

24* * *

25"Juvenile offender." One of the following:

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

1aggravated indecent assault) or an attempt, solicitation or
2conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123
3or 3125 and either:

4(i) is adjudicated delinquent for such offense on or
5after the effective date of this section; or

6(ii) has been adjudicated delinquent for such
7offense and on the effective date of this section is
8subject to the jurisdiction of the court on the basis of
9that adjudication of delinquency, including commitment to
10an institution or facility set forth in section
116352(a) (3) (relating to a disposition of delinquent
12child).

13(2) An individual who, on or after the effective date of 
14this paragraph, was 14 years of age or older at the time the
15individual committed an offense similar to an offense under
1618 Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation
17or conspiracy to commit an offense similar to an offense
18under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws of the
19United States, another jurisdiction or a foreign country and
20was adjudicated delinquent for such an offense.

21(3) An individual who, on or after the effective date of
22this paragraph, was required to register in a sexual offender
23registry in another jurisdiction or foreign country based
24upon an adjudication of delinquency.

25The term does not include a sexually violent delinquent child.

26* * *

27Section 4. Section 9799.23(a) of Title 42 is amended to
28read:

29§ 9799.23. Court notification and classification requirements.

30(a) Notice to sexual offenders.--At the time of sentencing,

1of disposition under section 6352 (relating to disposition of 
2delinquent child) in the case of a juvenile offender, of 
3adjudication of delinquency under section 6341 (relating to 
4adjudication) in the case of a juvenile offender if the 
5individual was adjudicated delinquent in any county other than 
6the individual's county of residence and section 9799.19(h)(1)
7(i)(B) (relating to initial registration) applies, or of
8commitment under section 6403 (relating to court-ordered 
9involuntary treatment) in the case of a sexually violent
10delinquent child, the court shall inform the sexual offender of
11the provisions of this subchapter. The court shall:

12(1) Specifically inform the sexual offender of the duty
13to register under this subchapter.

14(2) Specifically inform the sexual offender of:

15(i) the duty to register in accordance with sections
169799.15 (relating to period of registration), 9799.16(b)
17(relating to registry), 9799.19 [(relating to initial
18registration)] and 9799.25 (relating to verification by
19sexual offenders and Pennsylvania State Police); and

20(ii) the duty to attend counseling in accordance
21with:

22(A) section 9799.36 (relating to counseling of
23sexually violent predators) if applicable; or

24(B) section 6404.2(g) (relating to duration of
25outpatient commitment and review) if applicable.

26(3) Specifically inform the sexual offender of the duty
27to register with authorities in another jurisdiction within
28three business days of:

29(i) Commencement of residence, change of residence,
30termination of residence or failure to maintain a

1residence, thus making the sexual offender a transient.

2(ii) Commencement of employment, a change in the
3location or entity in which the sexual offender is
4employed or termination of employment.

5(iii) Commencement of enrollment as a student, a
6change in enrollment as a student or termination of
7enrollment as a student.

8(4) In accordance with section 9799.16(c), order that
9the fingerprints, palm prints, DNA sample and photograph of
10the sexual offender be provided to the Pennsylvania State
11Police upon sentencing.

12(5) Require the sexual offender to read and sign a form
13stating that the duty to register under this subchapter has
14been explained. If the sexual offender is incapable of
15speaking, reading or writing the English language, the court
16shall certify the duty to register was explained to the
17sexual offender, and the sexual offender indicated an
18understanding of the duty.

19(6) Specifically classify the individual as one of the
20following:

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

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

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

24(iv) A sexually violent predator.

25(v) A juvenile offender.

26(vi) A sexually violent delinquent child.

27* * *

28Section 5. This act shall take effect in 60 days.