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

<-15Section 1. Sections 5121(d)(1)(i) and 9123(a)(2.1) of Title 
1618 of the Pennsylvania Consolidated Statutes are amended to 
17read:

18§ 5121. Escape.

19* * *

20(d) Grading.--

1(1) An offense under this section is a felony of the
2third degree where:

3(i) the actor was:

4(A)  under arrest for or detained on a charge of
5felony [or following conviction of crime];

6(B) convicted of a crime; or

7(C) found to be delinquent of an offense which,
8if committed by an adult, would be classified as a
9felony and the actor is at least 18 years of age at
10the time of the violation of this section;

11* * *

12§ 9123. Juvenile records.

13(a) Expungement of juvenile records.--Notwithstanding the
14provisions of section 9105 (relating to other criminal justice
15information) and except as provided under subsection (a.1),
16expungement of records of juvenile delinquency cases and cases
17involving summary offenses committed while the individual was
18under 18 years of age, wherever kept or retained, shall occur
19after 30 days' notice to the district attorney whenever the
20court upon its own motion or upon the motion of a child or the
21parents or guardian finds:

22* * *

23(2.1) the individual is 18 years of age or older and six
24months have elapsed since the individual has satisfied all
25terms and conditions of the sentence imposed following a
26conviction for a summary offense, with the exception of a
27violation of section 6308 (relating to purchase, consumption,
28possession or transportation of liquor or malt or brewed
29beverages), committed while the individual was under 18 years
30of age and, since satisfying all terms and conditions of the
 

1sentence, the individual has not been convicted of a felony,
2misdemeanor or adjudicated delinquent and no proceeding is
3pending to seek such conviction and adjudication;

4* * *

5Section 2. Sections 6303(c), 6307(c), 6309(d) and (e) and
66336(g) of Title 42 are amended to read:

7§ 6303. Scope of chapter.

8* * *

9(c) Summary offenses generally.--In addition to the
10provisions of subsection (a)(5) and notwithstanding the
11exclusion of summary offenses generally from the definition of
12"delinquent act" under section 6302, the provisions of sections
136307 (relating to inspection of court files and records) and
146336(d) (relating to conduct of hearings), insofar as section
156336(d) relates to the exclusion of the general public from the
16proceedings, shall apply to proceedings involving a child
17charged with a summary offense when the proceedings are before a
18judge of the minor judiciary, the Philadelphia Municipal Court 
19or a court of common pleas.

20§ 6307. Inspection of court files and records.

21* * *

22(c) Summary offenses.--The provisions of this section shall
23apply to proceedings involving a child charged with a summary
24offense when the proceedings are before a judge of the minor
25judiciary, the Philadelphia Municipal Court or a court of common 
26pleas.

27§ 6309. Juvenile history record information.

28* * *

29(d) Disposition reporting.--The division or judge of the
30court assigned to conduct juvenile hearings shall, within seven

1days after disposition of a case where the child has been
2alleged to be delinquent, notify the arresting authority of the
3disposition of the case. [In addition, it shall collect and
4submit to the Juvenile Court Judges' Commission the] The
5disposition of cases where a child has been alleged to be
6delinquent, including the disposition of cases resulting in an
7adjudication of delinquency [which] shall be [submitted]
8provided to the Pennsylvania State Police for inclusion in the
9central repository [within 90 days of an adjudication of
10delinquency as required by] as determined by the Administrative 
11Office of Pennsylvania Courts in consultation with the Juvenile
12Court Judges' Commission. In addition, the Juvenile Court 
13Judges' Commission shall be provided with information pertaining 
14to the cases of children who have been alleged to be delinquent 
15as the commission determines necessary to fulfill its 
16responsibilities under section 6373 (relating to powers and 
17duties).

18(e) Definitions.--As used in this section, the following
19words and phrases shall have the meanings given to them in this
20subsection:

21"Criminal history record information." In addition to the
22meaning in 18 Pa.C.S. § 9102 (relating to definitions), the term
23includes the meaning of juvenile history record information as
24defined in this subsection.

25"Juvenile history record information." Information collected 
26pursuant to this section concerning alleged delinquents and 
27adjudicated delinquents whose fingerprints and photographs are 
28taken pursuant to section 6308(c) and arising from [the filing 
29of a petition] an allegation of delinquency, consisting of 
30identifiable descriptions, dates and notations of arrests or
 

1other delinquency charges and any adjudication of delinquency or 
2preadjudication disposition other than dismissal arising 
3therefrom. This information shall also include the last known 
4location and the juvenile court jurisdiction status of each 
5adjudicated delinquent. Juvenile history record information 
6shall not include intelligence information, investigative 
7information, treatment information, including medical and 
8psychiatric information, caution indicator information, modus 
9operandi information, wanted persons information, stolen 
10property information, missing persons information, employment 
11history information, personal history information or presentence 
12investigation information.

13§ 6336. Conduct of hearings.

14* * *

15(g) Summary offenses.--The provisions of subsection (d),
16insofar as subsection (d) relates to the exclusion of the
17general public from the proceedings, shall apply to proceedings
18involving a child charged with a summary offense when the
19proceedings are before a judge of the minor judiciary, the 
20Philadelphia Municipal Court or a court of common pleas.

21* * *

<-22Section 3. The definition of "juvenile offender" in section
239799.12 of Title 42 is amended to read:

<-24Section 3. The definitions of "juvenile offender" and
25"sexually violent predator" in section 9799.12 of Title 42,
26amended March 14, 2014 (P.L.41, No.19), are amended to read:

27§ 9799.12. Definitions.

28The following words and phrases when used in this subchapter
29shall have the meanings given to them in this section unless the
30context clearly indicates otherwise:

1* * *

2"Juvenile offender." One of the following:

3(1) An individual who was 14 years of age or older at
4the time the individual committed an offense which, if
5committed by an adult, would be classified as an offense
6under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to
7involuntary deviate sexual intercourse) or 3125 (relating to
8aggravated indecent assault) or an attempt, solicitation or
9conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123
10or 3125 and either:

11(i) is adjudicated delinquent for such offense on or
12after the effective date of this section; or

13(ii) has been adjudicated delinquent for such
14offense and on the effective date of this section is
15subject to the jurisdiction of the court on the basis of
16that adjudication of delinquency, including commitment to
17an institution or facility set forth in section
186352(a) (3) (relating to a disposition of delinquent
19child).

20(2) An individual who, on or after the effective date of 
21this paragraph, was 14 years of age or older at the time the
22individual committed an offense similar to an offense under
2318 Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation
24or conspiracy to commit an offense similar to an offense
25under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws of the
26United States, another jurisdiction or a foreign country and
27was adjudicated delinquent for such an offense[.]; or who was 
28previously adjudicated delinquent for such an offense and, on 
29the effective date of this paragraph, is subject to the 
30jurisdiction of the court on the basis of that adjudication
 

1of delinquency.

2(3) An individual who, on or after the effective date of
3this paragraph, was required to register in a sexual offender
4registry in another jurisdiction or foreign country based
5upon an adjudication of delinquency.

6The term does not include a sexually violent delinquent child.

7* * *

<-8"Sexually violent predator." An individual determined to be 
9a sexually violent predator under section 9795.4 (relating to 
10assessments) prior to the effective date of this subchapter or 
11an individual convicted of an offense specified in:

12(1) section 9799.14(b)(1), (2), (3), (4), (5), (6), (8),
13(9) or (10) (relating to sexual offenses and tier system) or
14an attempt, conspiracy or solicitation to commit any offense
15under section 9799.14(b)(1), (2), (3), (4), (5), (6), (8),
16(9) or (10);

17(2) section 9799.14(c)(1), (1.1), (1.2), (1.3), (2),
18(3), (4), (5) or (6) or an attempt, conspiracy or
19solicitation to commit an offense under section 9799.14(c)
20(1), (1.1), (1.2), (1.3), (2), (3), (4), (5) or (6); or

21(3) section 9799.14(d)(1), (2), (3), (4), (5), (6), (7),
22(8) or (9) or an attempt, conspiracy or solicitation to
23commit an offense under section 9799.14(d)(1), (2), (3), (4),
24(5), (6), (7), (8) or (9)

25who, on or after the effective date of this subchapter, is
26determined to be a sexually violent predator under section
279799.24 (relating to assessments) due to a mental abnormality or
28personality disorder that makes the individual likely to engage
29in predatory sexually violent offenses. The term includes an
30individual determined to be a sexually violent predator or

1similar designation where the determination occurred in another
2jurisdiction, a foreign country or by court martial following a
3judicial or administrative determination pursuant to a process
4similar to that under section 9799.24. In addition, the term
5shall include any person convicted between January 23, 2005, and
6December 19, 2012, of any offense set forth in section
79799.13(3.1) (relating to applicability) determined by a court
8to be a sexually violent predator due to a mental abnormality or
9personality disorder that made the person likely to engage in
10predatory sexually violent offenses, which person shall be
11deemed a sexually violent predator under this subchapter.

12* * *

13Section 4. Section 9799.23(a) of Title 42 is amended to
14read:

15§ 9799.23. Court notification and classification requirements.

16(a) Notice to sexual offenders.--At the time of sentencing,
17of disposition under section 6352 (relating to disposition of 
18delinquent child) in the case of a juvenile offender, of 
19adjudication of delinquency under section 6341 (relating to 
20adjudication) in the case of a juvenile offender if the 
21individual was adjudicated delinquent in any county other than 
22the individual's county of residence and section 9799.19(h)(1)
23(i)(B) (relating to initial registration) applies, or of
24commitment under section 6403 (relating to court-ordered 
25involuntary treatment) in the case of a sexually violent
26delinquent child, the court shall inform the sexual offender of
27the provisions of this subchapter. The court shall:

28(1) Specifically inform the sexual offender of the duty
29to register under this subchapter.

30(2) Specifically inform the sexual offender of:

1(i) the duty to register in accordance with sections
29799.15 (relating to period of registration), 9799.16(b)
3(relating to registry), 9799.19 [(relating to initial
4registration)] and 9799.25 (relating to verification by
5sexual offenders and Pennsylvania State Police); and

6(ii) the duty to attend counseling in accordance
7with:

8(A) section 9799.36 (relating to counseling of
9sexually violent predators) if applicable; or

10(B) section 6404.2(g) (relating to duration of
11outpatient commitment and review) if applicable.

12(3) Specifically inform the sexual offender of the duty
13to register with authorities in another jurisdiction within
14three business days of:

15(i) Commencement of residence, change of residence,
16termination of residence or failure to maintain a
17residence, thus making the sexual offender a transient.

18(ii) Commencement of employment, a change in the
19location or entity in which the sexual offender is
20employed or termination of employment.

21(iii) Commencement of enrollment as a student, a
22change in enrollment as a student or termination of
23enrollment as a student.

24(4) In accordance with section 9799.16(c), order that
25the fingerprints, palm prints, DNA sample and photograph of
26the sexual offender be provided to the Pennsylvania State
27Police upon sentencing.

28(5) Require the sexual offender to read and sign a form
29stating that the duty to register under this subchapter has
30been explained. If the sexual offender is incapable of

1speaking, reading or writing the English language, the court
2shall certify the duty to register was explained to the
3sexual offender, and the sexual offender indicated an
4understanding of the duty.

5(6) Specifically classify the individual as one of the
6following:

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

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

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

10(iv) A sexually violent predator.

11(v) A juvenile offender.

12(vi) A sexually violent delinquent child.

13* * *

<-14Section 5. The amendment of the definition of "sexually
15violent predator" in 42 Pa.C.S. § 9799.12 shall be retroactive
16to September 2, 2014.

17Section <-5 6. This act shall take effect in 60 days.