PRINTER'S NO. 804
No. 743 Session of 1975
INTRODUCED BY NOLAN, ROSS, DUFFIELD, MELLOW, ORLANDO, STAPLETON,
MURRAY AND KELLEY, JUNE 9, 1975
REFERRED TO STATE GOVERNMENT, JUNE 9, 1975
AN ACT
1 Prohibiting the employment of certain individuals in positions
2 designated by the General Assembly and providing a penalty.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Definitions.--As used in this act:
6 "Homosexual" means one who is inclined to or who practices or
7 engages in sexual or erotic activity with a member of one's own
8 sex.
9 "Individuals convicted of sex crimes" means any individual
10 convicted of violations of Chapter 31 of Title 18 (Crimes and
11 Offenses) of the act of November 25, 1970 (P.L.707, No.230),
12 known as the Pennsylvania Consolidated Statutes or violations of
13 the prior act of June 24, 1939 (P.L.872, No.375), known as "The
14 Penal Code" insofar as they related to sex connected offenses.
15 Section 2. Certain Hiring Prohibited.--(a) Notwithstanding
16 any law or executive order or directive to the contrary, no
17 individual or governmental agency having the power to hire
18 individuals to fill vacant positions shall hire any homosexual
1 or individual convicted of a sex crime to fill any of the
2 following positions:
3 (1) State policeman.
4 (2) State correctional guards or staff.
5 (3) Correction counselors.
6 (4) State probation officers.
7 (5) Officers, nurses and staff for any State institution
8 dealing with mental illness and mental retardation.
9 (6) Officers and staff for any State institution which
10 treats or rehabilitates individuals suffering from physical
11 handicaps.
12 (b) Any individual who violates the provisions of subsection
13 (a) shall be dismissed from their position and be guilty of a
14 summary offense and subject to a fine of $300 and imprisonment
15 of 90 days.
16 Section 3. Construction.--This act is deemed to be and shall
17 be construed to be a sound exercise of those residual police
18 powers inherent within this Commonwealth and necessary for the
19 public health, welfare and safety of the citizens of this
20 Commonwealth.
21 Section 4. Effective Date.--This act shall take effect
22 immediately.
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