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 scope of chapter, for inspection of court files
6and records, for juvenile history record information and for
7conduct of hearings; and, in registration of sexual
8offenders, further providing for definitions and for court
9notification and classification requirements.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 9123(a)(2.1) of Title 18 of the
13Pennsylvania Consolidated Statutes is amended to read:

14§ 9123. Juvenile records.

15(a) Expungement of juvenile records.--Notwithstanding the
16provisions of section 9105 (relating to other criminal justice
17information) and except as provided under subsection (a.1),
18expungement of records of juvenile delinquency cases and cases
19involving summary offenses committed while the individual was
20under 18 years of age, wherever kept or retained, shall occur
21after 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 6303(c), 6307(c), 6309(d) and (e) and
176336(g) of Title 42 are amended to read:

18§ 6303. Scope of chapter.

19* * *

20(c) Summary offenses generally.--In addition to the
21provisions of subsection (a)(5) and notwithstanding the
22exclusion of summary offenses generally from the definition of
23"delinquent act" under section 6302, the provisions of sections
246307 (relating to inspection of court files and records) and
256336(d) (relating to conduct of hearings), insofar as section
266336(d) relates to the exclusion of the general public from the
27proceedings, shall apply to proceedings involving a child
28charged with a summary offense when the proceedings are before a
29judge of the minor judiciary, the Philadelphia Municipal Court 
30or a court of common pleas.

1§ 6307. Inspection of court files and records.

2* * *

3(c) Summary offenses.--The provisions of this section shall
4apply to proceedings involving a child charged with a summary
5offense when the proceedings are before a judge of the minor
6judiciary, the Philadelphia Municipal Court or a court of common 
7pleas.

8§ 6309. Juvenile history record information.

9* * *

10(d) Disposition reporting.--The division or judge of the
11court assigned to conduct juvenile hearings shall, within seven
12days after disposition of a case where the child has been
13alleged to be delinquent, notify the arresting authority of the
14disposition of the case. [In addition, it shall collect and
15submit to the Juvenile Court Judges' Commission the] The
16disposition of cases where a child has been alleged to be
17delinquent, including the disposition of cases resulting in an
18adjudication of delinquency [which] shall be [submitted]
19provided to the Pennsylvania State Police for inclusion in the
20central repository [within 90 days of an adjudication of
21delinquency as required by] as determined by the Administrative 
22Office of Pennsylvania Courts in consultation with the Juvenile
23Court Judges' Commission. In addition, the Juvenile Court 
24Judges' Commission shall be provided with information pertaining 
25to the cases of children who have been alleged to be delinquent 
26as the commission determines necessary to fulfill its 
27responsibilities under section 6373 (relating to powers and 
28duties).

29(e) Definitions.--As used in this section, the following
30words and phrases shall have the meanings given to them in this

1subsection:

2"Criminal history record information." In addition to the
3meaning in 18 Pa.C.S. § 9102 (relating to definitions), the term
4includes the meaning of juvenile history record information as
5defined in this subsection.

6"Juvenile history record information." Information collected 
7pursuant to this section concerning alleged delinquents and 
8adjudicated delinquents whose fingerprints and photographs are 
9taken pursuant to section 6308(c) and arising from [the filing 
10of a petition] an allegation of delinquency, consisting of 
11identifiable descriptions, dates and notations of arrests or 
12other delinquency charges and any adjudication of delinquency or 
13preadjudication disposition other than dismissal arising 
14therefrom. This information shall also include the last known 
15location and the juvenile court jurisdiction status of each 
16adjudicated delinquent. Juvenile history record information 
17shall not include intelligence information, investigative 
18information, treatment information, including medical and 
19psychiatric information, caution indicator information, modus 
20operandi information, wanted persons information, stolen 
21property information, missing persons information, employment 
22history information, personal history information or presentence 
23investigation information.

24§ 6336. Conduct of hearings.

25* * *

26(g) Summary offenses.--The provisions of subsection (d),
27insofar as subsection (d) relates to the exclusion of the
28general public from the proceedings, shall apply to proceedings
29involving a child charged with a summary offense when the
30proceedings are before a judge of the minor judiciary, the
 

1Philadelphia Municipal Court or a court of common pleas.

2* * *

3Section 3. The definition of "juvenile offender" in section
49799.12 of Title 42 is amended to read:

5§ 9799.12. Definitions.

6The following words and phrases when used in this subchapter
7shall have the meanings given to them in this section unless the
8context clearly indicates otherwise:

9* * *

10"Juvenile offender." One of the following:

11(1) An individual who was 14 years of age or older at
12the time the individual committed an offense which, if
13committed by an adult, would be classified as an offense
14under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to
15involuntary deviate sexual intercourse) or 3125 (relating to
16aggravated indecent assault) or an attempt, solicitation or
17conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123
18or 3125 and either:

19(i) is adjudicated delinquent for such offense on or
20after the effective date of this section; or

21(ii) has been adjudicated delinquent for such
22offense and on the effective date of this section is
23subject to the jurisdiction of the court on the basis of
24that adjudication of delinquency, including commitment to
25an institution or facility set forth in section
266352(a) (3) (relating to a disposition of delinquent
27child).

28(2) An individual who, on or after the effective date of 
29this paragraph, was 14 years of age or older at the time the
30individual committed an offense similar to an offense under

118 Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation
2or conspiracy to commit an offense similar to an offense
3under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws of the
4United States, another jurisdiction or a foreign country and
5was adjudicated delinquent for such an offense<-[.<-]; or who was 
6previously adjudicated delinquent for such an offense and, on 
7the effective date of this paragraph, is subject to the 
8jurisdiction of the court on the basis of that adjudication 
9of delinquency.

10(3) An individual who, on or after the effective date of
11this paragraph, was required to register in a sexual offender
12registry in another jurisdiction or foreign country based
13upon an adjudication of delinquency.

14The term does not include a sexually violent delinquent child.

15* * *

16Section 4. Section 9799.23(a) of Title 42 is amended to
17read:

18§ 9799.23. Court notification and classification requirements.

19(a) Notice to sexual offenders.--At the time of sentencing,
20of disposition under section 6352 (relating to disposition of 
21delinquent child) in the case of a juvenile offender, of 
22adjudication of delinquency under section 6341 (relating to 
23adjudication) in the case of a juvenile offender if the 
24individual was adjudicated delinquent in any county other than 
25the individual's county of residence and section 9799.19(h)(1)
26(i)(B) (relating to initial registration) applies, or of
27commitment under section 6403 (relating to court-ordered 
28involuntary treatment) in the case of a sexually violent
29delinquent child, the court shall inform the sexual offender of
30the provisions of this subchapter. The court shall:

1(1) Specifically inform the sexual offender of the duty
2to register under this subchapter.

3(2) Specifically inform the sexual offender of:

4(i) the duty to register in accordance with sections
59799.15 (relating to period of registration), 9799.16(b)
6(relating to registry), 9799.19 [(relating to initial
7registration)] and 9799.25 (relating to verification by
8sexual offenders and Pennsylvania State Police); and

9(ii) the duty to attend counseling in accordance
10with:

11(A) section 9799.36 (relating to counseling of
12sexually violent predators) if applicable; or

13(B) section 6404.2(g) (relating to duration of
14outpatient commitment and review) if applicable.

15(3) Specifically inform the sexual offender of the duty
16to register with authorities in another jurisdiction within
17three business days of:

18(i) Commencement of residence, change of residence,
19termination of residence or failure to maintain a
20residence, thus making the sexual offender a transient.

21(ii) Commencement of employment, a change in the
22location or entity in which the sexual offender is
23employed or termination of employment.

24(iii) Commencement of enrollment as a student, a
25change in enrollment as a student or termination of
26enrollment as a student.

27(4) In accordance with section 9799.16(c), order that
28the fingerprints, palm prints, DNA sample and photograph of
29the sexual offender be provided to the Pennsylvania State
30Police upon sentencing.

1(5) Require the sexual offender to read and sign a form
2stating that the duty to register under this subchapter has
3been explained. If the sexual offender is incapable of
4speaking, reading or writing the English language, the court
5shall certify the duty to register was explained to the
6sexual offender, and the sexual offender indicated an
7understanding of the duty.

8(6) Specifically classify the individual as one of the
9following:

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

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

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

13(iv) A sexually violent predator.

14(v) A juvenile offender.

15(vi) A sexually violent delinquent child.

16* * *

17Section 5. This act shall take effect in 60 days.