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HOUSE AMENDED
PRIOR PRINTER'S NO. 102
PRINTER'S NO. 1135
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
166
Session of
2015
INTRODUCED BY GREENLEAF, STACK, BREWSTER, KITCHEN, FONTANA,
BAKER, BOSCOLA, WILEY, COSTA, TARTAGLIONE, HUGHES, VOGEL,
LEACH, WHITE, RAFFERTY, PILEGGI, SCHWANK AND WILLIAMS,
JANUARY 15, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 28, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for expungement of criminal
history record.
AMENDING TITLES 18 (CRIMES AND OFFENSES) AND 42 (JUDICIARY AND
JUDICIAL PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED
STATUTES, IN CRIMINAL HISTORY RECORD INFORMATION, FURTHER
PROVIDING FOR GENERAL REGULATIONS AND PROVIDING FOR ORDER FOR
LIMITED ACCESS; AND, IN GOVERNANCE OF THE SYSTEM, PROVIDING
FOR PETITION FOR EXPUNGEMENT OR ORDER FOR LIMITED ACCESS FEE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9122(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 9122. Expungement.
* * *
(b) Generally.--Criminal history record information may be
expunged when:
* * *
(4) (i) An individual who is the subject of the
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information petitions for expungement of the information
and the individual has been free of arrest or prosecution
following final release from confinement or supervision
for the following time periods:
( A) In the case of a misdemeanor of the third
degree or an offense declared to be a misdemeanor,
without specification of degree, seven years.
(B) In the case of a misdemeanor of the second
degree committed when the individual was less than 25
years of age, ten years.
(ii) This paragraph shall not apply to any
individual who has been convicted of:
(A) An offense punishable by imprisonment of
more than two years.
(B) Four or more offenses punishable by
imprisonment of one or more years.
(C) An offense under section 913 (relating to
possession of firearm or other dangerous weapon in
court facility) which is graded as a misdemeanor of
the third degree.
(D) A violation of section 2701 (relating to
simple assault), except when the offense is graded as
a misdemeanor of the third degree.
(E) A violation of section 3129 (relating to
sexual intercourse with animal).
(F) A violation of section 4912 (relating to
impersonating a public servant).
(G) A violation of section 4952 (relating to
intimidation of witnesses or victims).
(H) A violation of section 4953 (relating to
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retaliation against witness, victim or party).
(I) A violation of section 5511 (relating to
cruelty to animals).
(J) A violation of any provision of Chapter 61
(relating to firearms and other dangerous articles).
(K) An offense which requires registration under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration
of sexual offenders).
* * *
Section 2. This act shall take effect in 60 days.
SECTION 1. SECTION 9121(B)(2) OF TITLE 18 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS
AMENDED BY ADDING A SUBSECTION TO READ:
§ 9121. GENERAL REGULATIONS.
* * *
(B) DISSEMINATION TO NONCRIMINAL JUSTICE AGENCIES AND
INDIVIDUALS.--CRIMINAL HISTORY RECORD INFORMATION SHALL BE
DISSEMINATED BY A STATE OR LOCAL POLICE DEPARTMENT TO ANY
INDIVIDUAL OR NONCRIMINAL JUSTICE AGENCY ONLY UPON REQUEST.
EXCEPT AS PROVIDED IN SUBSECTION (B.1):
* * *
(2) BEFORE A STATE OR LOCAL POLICE DEPARTMENT
DISSEMINATES CRIMINAL HISTORY RECORD INFORMATION TO AN
INDIVIDUAL OR NONCRIMINAL JUSTICE AGENCY, IT SHALL EXTRACT
FROM THE RECORD [ALL] THE FOLLOWING:
(I) ALL NOTATIONS OF ARRESTS, INDICTMENTS OR OTHER
INFORMATION RELATING TO THE INITIATION OF CRIMINAL
PROCEEDINGS WHERE:
[(I) THREE YEARS HAVE ELAPSED FROM THE DATE OF
ARREST;
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(II) NO CONVICTION HAS OCCURRED; AND
(III) NO PROCEEDINGS ARE PENDING SEEKING A
CONVICTION.]
(A) THREE YEARS HAVE ELAPSED FROM THE DATE OF
ARREST;
(B) NO CONVICTION HAS OCCURRED; AND
(C) NO PROCEEDINGS ARE PENDING SEEKING A
CONVICTION.
(II) ALL INFORMATION RELATING TO A CONVICTION AND
THE ARREST, INDICTMENT OR OTHER INFORMATION LEADING
THERETO, WHICH IS THE SUBJECT OF A COURT ORDER FOR
LIMITED ACCESS AS PROVIDED IN SECTION 9122.1 (RELATING TO
ORDER FOR LIMITED ACCESS).
* * *
(B.2) ADDITIONAL EXCEPTION.--SUBSECTION (B)(2)(II) SHALL NOT
APPLY IF THE REQUEST IS MADE BY A STATE AGENCY TO BE USED ONLY
AS AUTHORIZED UNDER SECTION 9124 (RELATING TO USE OF RECORDS BY
LICENSING AGENCIES).
* * *
SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
§ 9122.1. ORDER FOR LIMITED ACCESS.
(A) GENERAL RULE.--THE FOLLOWING SHALL APPLY:
(1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,
UPON PETITION OF A PERSON WHO HAS BEEN FREE OF ARREST OR
PROSECUTION FOLLOWING FINAL RELEASE FROM CONFINEMENT AND
SUPERVISION FOR A PERIOD OF 10 YEARS, THE COURT OF COMMON
PLEAS IN THE JURISDICTION WHERE THE CONVICTION OCCURRED MAY
ENTER AN ORDER THAT CRIMINAL HISTORY RECORD INFORMATION
MAINTAINED BY ANY CRIMINAL JUSTICE AGENCY PERTAINING TO A
CONVICTION FOR A MISDEMEANOR OF THE SECOND DEGREE, A
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MISDEMEANOR OF THE THIRD DEGREE OR AN UNGRADED OFFENSE WHICH
CARRIES A MAXIMUM PENALTY OF NO MORE THAN TWO YEARS BE
DISSEMINATED ONLY TO A CRIMINAL JUSTICE AGENCY OR A
GOVERNMENT AGENCY AS PROVIDED IN SECTION 9121(B.1) AND (B.2)
(RELATING TO GENERAL REGULATIONS).
(2) EXCEPT WHEN REQUESTED OR REQUIRED BY A CRIMINAL
JUSTICE AGENCY, OR BY AND FOR THE OFFICIAL USE OF A
GOVERNMENT AGENCY DESCRIBED IN SECTION 9121(B.1) OR 9124(A)
(RELATING TO USE OF RECORDS BY LICENSING AGENCIES), NO
INDIVIDUAL SHALL BE REQUIRED NOR REQUESTED TO DISCLOSE
INFORMATION ABOUT THE PERSON'S CRIMINAL HISTORY RECORDS THAT
ARE THE SUBJECT OF A COURT ORDER FOR LIMITED ACCESS GRANTED
UNDER THIS SECTION.
(B) EXCEPTIONS.--AN ORDER FOR LIMITED ACCESS UNDER THIS
SECTION SHALL NOT BE GRANTED TO AN INDIVIDUAL WHO HAS BEEN
CONVICTED AT ANY TIME OF ANY OF THE FOLLOWING:
(1) AN OFFENSE PUNISHABLE BY IMPRISONMENT OF MORE THAN
TWO YEARS.
(2) FOUR OR MORE OFFENSES PUNISHABLE BY IMPRISONMENT OF
ONE OR MORE YEARS.
(3) A VIOLATION OF SECTION 2701 (RELATING TO SIMPLE
ASSAULT), EXCEPT WHEN THE OFFENSE IS GRADED AS A MISDEMEANOR
OF THE THIRD DEGREE.
(4) A VIOLATION OF SECTION 3129 (RELATING TO SEXUAL
INTERCOURSE WITH ANIMAL).
(5) A VIOLATION OF SECTION 4912 (RELATING TO
IMPERSONATING A PUBLIC SERVANT).
(6) A VIOLATION OF SECTION 4952 (RELATING TO
INTIMIDATION OF WITNESSES OR VICTIMS).
(7) A VIOLATION OF SECTION 4953 (RELATING TO RETALIATION
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AGAINST WITNESS, VICTIM OR PARTY).
(8) A VIOLATION OF SECTION 4958 (RELATING TO
INTIMIDATION, RETALIATION OR OBSTRUCTION IN CHILD ABUSE
CASES).
(9) AN OFFENSE WHICH REQUIRES REGISTRATION UNDER 42
PA.C.S. CH. 97 SUBCH. H (RELATING TO REGISTRATION OF SEXUAL
OFFENDERS).
( C) NOTICE TO DISTRICT ATTORNEY.--THE COURT SHALL PROVIDE
NOTICE OF THE FILING OF A PETITION UNDER SUBSECTION (A) TO THE
DISTRICT ATTORNEY WITHIN 10 DAYS. WITHIN 30 DAYS OF RECEIPT OF
NOTICE, THE DISTRICT ATTORNEY MAY FILE OBJECTIONS TO THE
PETITION. IF NO OBJECTION IS TIMELY FILED, THE COURT MAY GRANT
THE PETITION WITHOUT FURTHER HEARING IF THE REQUIREMENTS OF THIS
SECTION HAVE BEEN MET.
(D) NOTICE TO CENTRAL REPOSITORY.--NOTICE OF AN ORDER FOR
LIMITED ACCESS SHALL PROMPTLY BE SUBMITTED TO THE CENTRAL
REPOSITORY WHICH SHALL NOTIFY ALL CRIMINAL JUSTICE AGENCIES
WHICH HAVE RECEIVED CRIMINAL HISTORY RECORD INFORMATION RELATED
TO SUCH CONVICTION THAT ACCESS TO SUCH CRIMINAL HISTORY RECORD
HAS BEEN LIMITED BY ORDER OF THE COURT.
SECTION 3. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
§ 1725.7. PETITION FOR EXPUNGEMENT OR ORDER FOR LIMITED ACCESS
FEE.
(A) GENERAL RULE.--IN ADDITION TO ANY OTHER FEE AUTHORIZED
BY LAW, A PERSON WHO FILES A PETITION FOR EXPUNGEMENT UNDER 18
PA.C.S. § 9122 (RELATING TO EXPUNGEMENT) OR A PETITION FOR AN
ORDER FOR LIMITED ACCESS UNDER 18 PA.C.S. § 9122.1 (RELATING TO
ORDER FOR LIMITED ACCESS) SHALL PAY A FEE OF $100 TO THE CLERK
OF COURTS AT THE TIME OF FILING.
(B) DISTRIBUTION.--THE CLERK OF COURTS SHALL ENSURE THAT THE
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FEE IS DISTRIBUTED AS FOLLOWS:
(1) ONE-THIRD TO THE ADMINISTRATIVE OFFICE OF
PENNSYLVANIA COURTS.
(2) ONE-THIRD TO THE PENNSYLVANIA STATE POLICE.
(3) ONE-THIRD TO THE DISTRICT ATTORNEY OF THE COUNTY.
SECTION 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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