PRINTER'S NO. 2645
No. 2095 Session of 1978
INTRODUCED BY BERSON, RHODES, PRATT AND WHITE, MARCH 13, 1978
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 13, 1978
AN ACT
1 Relating to criminal history record information; providing for
2 the protection of individual right to privacy and for the
3 completeness and accuracy of, the control of dissemination
4 of, the establishment of guidelines for the security of, and
5 provision for quality control of criminal history record
6 information; and providing for the right of individuals to
7 inspect, review and challenge the accuracy of such
8 information and the establishment of a council to oversee the
9 administration of this act; and providing penalties for
10 violations of this act.
11 TABLE OF CONTENTS
12 Chapter 1. General Provisions
13 Section 101. Short title.
14 Section 102. Definitions.
15 Section 103. Applicability.
16 Section 104. Scope.
17 Chapter 2. Completeness and Accuracy
18 Section 201. Powers of the Attorney General.
19 Section 202. Duties of criminal justice agencies.
20 Section 203. Mandatory fingerprinting.
21 Section 204. Disposition reporting by criminal justice
22 agencies.
1 Section 205. Correction of inaccurate information.
2 Section 206. Checking the central repository before
3 dissemination.
4 Chapter 3. Dissemination of Criminal History Record
5 Information
6 Section 301. General regulations.
7 Section 302. Access to criminal history record information.
8 Section 303. Sealing.
9 Section 304. Expungement.
10 Chapter 4. Security
11 Section 401. Security requirements for repositories.
12 Chapter 5. Audit
13 Section 501. Annual audit of repositories.
14 Section 502. Quality control.
15 Chapter 6. Individual Right of Access and Review
16 Section 601. Right to access and review.
17 Section 602. Procedure.
18 Section 603. Individual rights on access and review.
19 Chapter 7. Privacy and Security Council
20 Section 701. Privacy and Security Council.
21 Section 702. Duties of Privacy and Security Council.
22 Chapter 8. Public Notice.
23 Section 801. Requirements of repositories relating to
24 public notice.
25 Chapter 9. Sanctions
26 Section 901. General administrative sanctions.
27 Section 902. Criminal penalties.
28 Section 903. Civil actions.
29 Chapter 10. Effective Date and Repealer
30 Section 1001. Repealer.
19780H2095B2645 - 2 -
1 Section 1002. Effective date.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 CHAPTER 1
5 GENERAL PROVISIONS
6 Section 101. Short title.
7 This act shall be known and may be cited as the "Criminal
8 History Record Information Act."
9 Section 102. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section, unless the
12 context clearly indicates otherwise:
13 "Administration of criminal justice." The activities
14 directly concerned with crime prevention; control or reduction;
15 the apprehension, detention, pretrial release, post-trial
16 release, prosecution, adjudication, correctional supervision or
17 rehabilitation of accused persons or criminal offenders;
18 criminal identification activities; or the collection, storage
19 dissemination or usage of criminal justice information.
20 "Audit." The process of reviewing compliance with applicable
21 Federal and State laws and regulations related to the privacy
22 and security of criminal history record information.
23 "Central repository." The central location for the
24 collection, compilation, maintenance and dissemination of
25 criminal history record information by the Pennsylvania State
26 Police.
27 "Criminal history record information." Information collected
28 by criminal justice agencies concerning individuals, consisting
29 of identifiable descriptions and notations of arrests,
30 detentions, indictments, informations or other formal charges
19780H2095B2645 - 3 -
1 and any dispositions arising therefrom. Criminal history record
2 information shall include, but shall not be limited to rap
3 sheets, abstracts of criminal histories and criminal history
4 record information sheets. The term does not include
5 intelligence information, investigative information or treatment
6 information, including medical and psychological information,
7 nor does it include original records of entry maintained by a
8 criminal justice agency, such as underlying court records and
9 police blotters.
10 "Criminal justice agency." Any court, including the minor
11 judiciary, with criminal jurisdiction or any other governmental
12 agency, or subunit thereof, created by statute or by the State
13 or Federal constitutions, specifically authorized to perform as
14 its principal function the administration of criminal justice,
15 and which allocates a substantial portion of its annual budget
16 to such function. Criminal justice agencies include, but are not
17 limited to: organized State and municipal police departments,
18 jails, prisons, detention facilities, correctional agencies,
19 probation agencies, district or prosecuting attorneys, parole
20 boards and pardon boards.
21 "Disposition information." Information indicating that
22 criminal proceedings have been concluded, including information
23 disclosing that police have elected not to refer a matter for
24 prosecution, that a prosecuting authority has elected not to
25 commence criminal proceedings or that a grand jury has failed to
26 indict and disclosing the nature of the termination of the
27 proceedings; or information disclosing that proceedings have
28 been indefinitely postponed and also disclosing the reason for
29 such postponement. Dispositions of criminal proceedings in the
30 Commonwealth shall include, but not be limited to, acquittal,
19780H2095B2645 - 4 -
1 acquittal by reason of insanity, pretrial probation or
2 diversion, charge dismissed, guilty plea, nolle prosequi, no
3 information filed, nolo contendere plea, convicted, abatement,
4 discharge under rules 1100 or 6013 of the Pennsylvania Rules of
5 Criminal Procedure concerning prompt trials, demurrer sustained,
6 pardoned, mistrial-defendant discharged, discharge from
7 probation or parole or correctional supervision. Dispositions of
8 criminal proceedings in other jurisdictions shall include, but
9 not be limited to, the above dispositions and acquittal by
10 reason of mental incompetence, case continued without a finding,
11 charge dismissed because of insanity, charge dismissed because
12 of mental incompetence, no paper, youthful offender
13 determination, deceased, dismissed-civil action, found insane,
14 found mentally incompetent, sentence commuted, executive
15 clemency.
16 "Expunge."
17 (1) to remove information from an information system so
18 that there is no trace of information within the system and
19 no indication that such information existed; or
20 (2) to eliminate all identifiers which may be used to
21 trace the identity of an individual, allowing remaining data
22 to be used for statistical purposes.
23 "Repository." Any location in which criminal history record
24 information is collected, compiled, maintained and disseminated.
25 "Sealing." The limiting of disclosure of information from a
26 summary of an individual's criminal history, consisting of
27 identification information, arresting agency, dates of arrest,
28 charges and all dispositions arising therefrom so that
29 dissemination of such information is limited as provided in this
30 act.
19780H2095B2645 - 5 -
1 "Secondary dissemination." The transfer of criminal history
2 record information received from a repository or confirmation of
3 the existence or nonexistence of criminal history record
4 information received from a repository.
5 Section 103. Applicability.
6 This act shall apply to persons within the Commonwealth and
7 to any agency of the Commonwealth or its political subdivisions
8 which collects, maintains, disseminates or receives criminal
9 history record information.
10 Section 104. Scope.
11 (a) This act does not in any way limit the dissemination of:
12 (1) Original records of entry compiled chronologically.
13 (2) Court records of public criminal proceedings.
14 (3) Published court opinions.
15 (4) Court dockets and indices used by the court.
16 (5) Records of traffic offenses maintained by the
17 Pennsylvania Department of Transportation for the purpose of
18 regulating the issuance, suspension, revocation or renewal of
19 driver's, pilot's or other operator's licenses.
20 (6) Announcements of executive clemency.
21 (b) Nothing in this act must be interpreted to limit the
22 disclosure by the arresting authority or criminal justice agency
23 having legal jurisdiction over the individual to any individual
24 or agency of the current status of an individual involved in a
25 criminal case in progress so long as such information is
26 disseminated no more than 180 days from the occurrence of any
27 official action by or final release from the jurisdiction of
28 that agency.
29 (c) Nothing in this act shall prohibit a criminal justice
30 agency from confirming prior criminal history record information
19780H2095B2645 - 6 -
1 if the information disclosed is based on records set forth in
2 section 104(a).
3 (d) Nothing in this act shall be construed to apply to
4 information concerning juveniles unless they have been
5 adjudicated as adults, nor shall it apply to intelligence
6 information, investigative information, treatment information,
7 including medical and psychiatric information, caution indicator
8 information, modus operandi information, wanted persons
9 information, stolen property information, missing persons
10 information, employment history information nor personal history
11 information. Criminal history record information maintained as a
12 part of these records shall not be disseminated unless in
13 compliance with the provisions of this act.
14 CHAPTER 2
15 COMPLETENESS AND ACCURACY
16 Section 201. Powers of the Attorney General.
17 The Attorney General or his designee shall have the power and
18 his duty shall be to collect complete and accurate criminal
19 history record information from all criminal justice agencies
20 within the Commonwealth for statistical purposes and for use by
21 the central repository for the maintenance of complete and
22 accurate criminal history record information and to prescribe by
23 regulation the form and content of records which must be kept by
24 such criminal justice agencies in order to ensure the correct
25 reporting of data for use for statistics and for the central
26 repository for compiling criminal history record information.
27 Section 202. Duties of criminal justice agencies.
28 It shall be the duty of every criminal justice agency within
29 the Commonwealth to maintain complete and accurate criminal
30 history record information as required by the Attorney General
19780H2095B2645 - 7 -
1 and to report such information to the Attorney General or his
2 designee at such times and in such manner as required by the
3 provisions of this act.
4 Section 203. Mandatory fingerprinting.
5 (a) Fingerprints of all persons arrested for a felony,
6 misdemeanor or summary offense which becomes a misdemeanor on a
7 second arrest after conviction of that summary offense, shall be
8 taken by the arresting authority, and within 48 hours of the
9 arrest, shall be forwarded to the central repository.
10 (b) Where private complaints are initiated, the issuing
11 authority shall order the defendant to submit within five days
12 of such order for fingerprinting by the municipal police of the
13 jurisdiction in which the offense allegedly was committed or in
14 the absence of a police department the State police.
15 Fingerprints so obtained shall be forwarded immediately to the
16 central repository.
17 Section 204. Disposition reporting by criminal justice
18 agencies.
19 All criminal justice agencies, including but not limited to,
20 courts, county and State correctional institutions and parole
21 and probation agencies, must submit to the Attorney General, or
22 his designee, reports of dispositions occurring within their
23 respective agencies for statistical or criminal history purposes
24 within 90 days of the date of such disposition.
25 Section 205. Correction of inaccurate information.
26 (a) Within 15 days of the detection of inaccurate data in a
27 criminal history record, regardless of the manner of discovery,
28 the criminal justice agency which reported the information must,
29 at minimum, comply with the following procedures to effect
30 correction:
19780H2095B2645 - 8 -
1 (1) Correct its own records.
2 (2) Notify all recipients, including the central
3 repository, of the inaccurate data and the required
4 correction.
5 Section 206. Checking the central repository before
6 dissemination.
7 (a) All criminal justice agencies within the Commonwealth
8 are required to check with the central repository before
9 disseminating criminal history record information when complete
10 Statewide criminal history record information is needed. Those
11 situations requiring waiver of the mandated check shall be
12 determined by the Privacy and Security Council herein set forth
13 in Chapter 7.
14 (b) Any criminal justice agency which disseminates criminal
15 history record information without making the prescribed check
16 with the central repository must indicate to the recipient that
17 the information disseminated is only that information contained
18 in its own file and that a more complete record can be obtained
19 from the central repository.
20 CHAPTER 3
21 DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION
22 Section 301. General regulations.
23 (a) No dissemination of criminal history record information
24 is permitted except as provided for by this act or by rule of
25 court promulgated by the Supreme Court of Pennsylvania. No
26 administrative rule or regulation promulgated by any
27 Commonwealth agency, referring to or inferring the need for
28 criminal history record information, shall be sufficient
29 authority for the dissemination of criminal history record
30 information.
19780H2095B2645 - 9 -
1 (b) No secondary dissemination of criminal history record
2 information is permitted except as provided for by this act.
3 (c) No duplication of criminal history record information by
4 any agency or individual receiving criminal history record
5 information is permitted except as provided for in this act.
6 (d) All individuals or agencies receiving criminal history
7 record information must return to the disseminating agency or
8 destroy, in accordance with an agreement with the repository,
9 all such information received upon completion of the specific
10 purpose for which criminal history record information was
11 received.
12 (e) Repositories must enter as a permanent part of an
13 individual's criminal history record information file, a listing
14 of all persons and agencies to whom they have disseminated that
15 particular criminal history record information and the date and
16 purpose for which the information was disseminated. Such listing
17 shall be maintained separate from the record itself.
18 (f) Repositories shall ensure that criminal history record
19 information is disseminated only to agencies or individuals
20 authorized by the provisions of this act to receive such
21 information.
22 (g) No agency or individual shall confirm or deny in any
23 manner the existence or nonexistence of criminal history record
24 information to any person or agency not eligible to receive the
25 information itself.
26 (h) Any noncriminal justice official, agency or organization
27 requesting criminal history record information prior to receipt
28 of any such criminal history record information, must sign a
29 contract with the repository from which it is seeking criminal
30 history record information, agreeing to abide by the provisions
19780H2095B2645 - 10 -
1 of this act. Any such noncriminal justice official, agency or
2 organization entering into such a contract with a repository is
3 bound by and subject to the provisions of this act.
4 (i) Except as otherwise provided in this act, no criminal
5 history record information acquired from the central repository
6 shall be permanently incorporated into the files or records of
7 the agency which requested such information.
8 Section 302. Access to criminal history record information.
9 (a) Access to criminal history record information shall be
10 limited to:
11 (1) Criminal justice agencies for the purpose of the
12 administration of criminal justice and criminal justice
13 agency employment.
14 (2) Auditors working under the direction of the Privacy
15 and Security Council.
16 (3) Such other individuals and agencies authorized by
17 statute to receive criminal history record information or
18 which require criminal history record information to
19 implement a statute expressly referring to criminal conduct
20 and containing either requirements or exclusions or both
21 expressly based upon such criminal conduct.
22 (4) Agencies of Federal, State and foreign governments
23 authorized by statute to conduct investigations determining
24 employment suitability or eligibility for security
25 clearances.
26 (5) (i) The chief executive of any Federal, State or
27 local government or any governmental body of the same
28 required to confirm an appointment or nomination for the
29 purpose of determining the suitability of a potential
30 appointment or nomination of an individual to a
19780H2095B2645 - 11 -
1 governmental position.
2 (ii) The office of the Governor may make a request
3 to any repository for an oral report concerning the
4 contents of the criminal history record information
5 maintained on a prospective appointee to a Commonwealth
6 board or commission. A copy of the criminal history
7 record information will be provided upon receipt of
8 fingerprint identification of the subject about whom
9 criminal history record information is sought.
10 (iii) The office of the Governor, in order to assist
11 the Governor in the exercise of the pardoning power
12 provided by Article IV, section 9 of Constitution of
13 Pennsylvania.
14 (6) Defense counsel, through the court, for the purpose
15 of obtaining criminal history record information about a
16 client or witness with regard to a case in progress.
17 (7) (i) Individuals and agencies for the express
18 purpose of research, evaluative or statistical activities
19 pursuant to an agreement with the disseminating agency
20 which authorizes access to criminal history record
21 information, limits the use of criminal history record
22 information to research, evaluative or statistical
23 purposes and ensures the confidentiality and security of
24 the criminal history record information, consistent with
25 this act. Such individuals and agencies are bound by and
26 subject to the provisions of this act.
27 (ii) Requests by any noncriminal justice agency,
28 individual or organization for criminal history record
29 information for research or statistical purposes,
30 requiring the identity of persons about whom they are
19780H2095B2645 - 12 -
1 maintained, must be approved by the Privacy and Security
2 Council. Any individual or agency requesting criminal
3 history record information for research or statistical
4 purposes must submit a research proposal to the Privacy
5 and Security Council.
6 (8) Officials of correctional facilities or
7 institutions, with the consent of the individual about whom
8 information is sought, may disseminate criminal history
9 record information to prospective employers or other
10 individuals, when such information is helpful in obtaining
11 employment of rehabilitation or the individual about whom the
12 information relates.
13 (9) Any individual, upon request and proper verification
14 of identity, for the purpose of reviewing his own criminal
15 history record information, according to the procedure set
16 forth in Chapter 6.
17 (b) Fingerprint identification of the individual about whom
18 information is requested shall be required under paragraphs (3),
19 (4) and (5)(i) of subsection (a).
20 Section 303. Sealing.
21 (a) The criminal history record information of an individual
22 who has received a pardon must be sealed for the offense for
23 which the pardon was granted. Access shall be allowed only for
24 individual access and review, auditing, research purposes and by
25 the repository for records management.
26 (b) Requests for criminal history record information which
27 has been sealed must be answered only by a statement that a
28 pardon was granted and the record sealed.
29 Section 304. Expungement.
30 (a) Criminal history record information shall be expunged in
19780H2095B2645 - 13 -
1 a specific criminal proceeding when:
2 (1) no disposition has been received or, upon request
3 for criminal history record information, no disposition has
4 been recorded in the repository within 18 months after the
5 date of arrest and a review verifies that no disposition is
6 available and no action is pending; or
7 (2) a court order requires that such nonconviction data
8 be expunged.
9 (b) Criminal history record information may be expunged
10 when:
11 (1) an individual who is the subject of the information
12 reaches 100 years of age and has been free of arrest or
13 prosecution for 15 years following final release from
14 confinement or supervision; or
15 (2) an individual who is the subject of the information
16 has been dead for seven years and had no contact with the
17 criminal justice system for 15 years.
18 (c) Requests for criminal history record information which
19 has been expunged must be answered only with a statement that no
20 such information exists.
21 (d) Original records of entry maintained chronologically
22 shall not be expunged.
23 CHAPTER 4
24 SECURITY
25 Section 401. Security requirements for repositories.
26 Every criminal justice agency collecting, storing or
27 disseminating criminal history record information shall ensure
28 the confidentiality and security of criminal history record
29 information by providing that wherever such information is
30 stored, a criminal justice agency must:
19780H2095B2645 - 14 -
1 (1) Institute procedures to reasonably protect any
2 repository of criminal history record information from theft,
3 fire, sabotage, flood, wind or other natural or man-made
4 disasters.
5 (2) Select, supervise, educate and train all personnel
6 authorized to have access to criminal history record
7 information.
8 (3) Ensure that, where computerized data processing is
9 employed, the equipment utilized for maintaining criminal
10 history record information is solely dedicated to purposes
11 related to the administration of criminal justice, or, if the
12 equipment is not used solely for the administration of
13 criminal justice, the criminal justice agency shall be
14 accorded equal management participation in computer
15 operations used to maintain the criminal history record
16 information.
17 (4) Provide that criminal history record information
18 maintained in a repository is disseminated upon proper
19 validation only to those individuals and agencies authorized
20 to receive the information by the provisions of this act.
21 CHAPTER 5
22 AUDIT
23 Section 501. Annual audit of repositories.
24 (a) The Privacy and Security Council must establish an
25 auditing team to conduct annual audits of the central repository
26 and of a representative sample of not less than 3% of all
27 repositories within the Commonwealth collecting, storing and
28 disseminating criminal history record information to ensure that
29 the provisions of this act are upheld.
30 (b) Persons conducting the audit shall be provided access to
19780H2095B2645 - 15 -
1 all records, reports and listings required to conduct an audit
2 of criminal history record information, and all persons with
3 access to such information or authorized to receive disclosure
4 of such information must cooperate with and provide information
5 requested by the auditing team.
6 (c) The auditing team shall prepare a report of deficiencies
7 and recommendations for the correction of such deficiencies.
8 Upon the completion of every audit, the audited agency must
9 carry out the recommendations unless the audit report is
10 appealed to the Privacy and Security Council and the appeal is
11 upheld.
12 (d) The Privacy and Security Council shall have the power to
13 modify the corrective measures ordered by the auditing team.
14 (e) The Privacy and Security Council shall have the power to
15 impose administrative sanctions as provided in Chapter 9 upon
16 any agency that does not cooperate with the auditing team or
17 does not fully implement the corrective measures ordered by the
18 auditing team or the council.
19 (f) Appeals from the decisions of the privacy and security
20 council shall be made to the Commonwealth Court.
21 Section 502. Quality control.
22 Each repository must establish effective procedures, approved
23 by the Privacy and Security Council, for reviewing the
24 completeness and accuracy of criminal history record information
25 maintained within such repository.
26 CHAPTER 6
27 INDIVIDUAL RIGHT OF ACCESS AND REVIEW
28 Section 601. Right to access and review.
29 (a) Any individual or his legal representative has the right
30 to inspect, review, challenge and appeal the accuracy and
19780H2095B2645 - 16 -
1 completeness of his criminal history record information.
2 (b) Persons incarcerated in correctional facilities and
3 institutions may authorize a correctional employee to obtain for
4 the purpose of review and challenge a copy of their criminal
5 history record information.
6 Section 602. Procedure.
7 (a) The Privacy and Security Council shall promulgate rules
8 and regulations to set fees and implement this section in
9 accordance with the guidelines set forth in the following
10 subsections.
11 (b) Any individual requesting to review his or her own
12 criminal history record information must submit proper
13 identification to the criminal justice agency which maintains
14 his or her record. Proper identification shall be determined by
15 the officials of the repository where the request is made. If
16 criminal history record information exists the individual may
17 review a copy of such information without undue delay for the
18 purpose of review and challenge.
19 (c) The individual may challenge the accuracy of his or her
20 criminal history record information by specifying which portion
21 of the record is incorrect and what the correct version should
22 be. Failure to challenge any portion of the record at this time
23 will place the burden of accuracy of any part subsequently
24 challenged upon the individual.
25 (d) All criminal justice agencies shall have 60 days to
26 conduct a review of any challenge and shall have the burden of
27 proving the accuracy of the record. If the challenge is deemed
28 valid, the appropriate officials must ensure that:
29 (1) The criminal history record information is
30 corrected.
19780H2095B2645 - 17 -
1 (2) A certified and corrected copy of the criminal
2 history record information is sent to the individuals.
3 (3) Prior erroneous criminal history record information
4 disseminated to criminal justice agencies shall be destroyed
5 or returned and replaced with corrected information.
6 (4) The individual is supplied with the names of those
7 noncriminal justice agencies and individuals which have
8 received erroneous criminal history record information.
9 (e) (1) If the challenge is ruled invalid, or if the relief
10 supplied is deemed inadequate, an individual has the right to
11 appeal the decision to the Privacy and Security Council
12 within 30 days of notification of the decision by the
13 criminal justice agency for the purpose of obtaining
14 administrative relief.
15 (2) The Privacy and Security Council shall have the
16 authority to conduct administrative appeal hearings in
17 accordance with the act of June 4, 1945 (P.L.1388, No.442),
18 known as the "Administrative Agency Law."
19 (3) The decision of the Privacy and Security Council may
20 be appealed to the Commonwealth Court by an aggrieved
21 individual.
22 Section 603. Individual rights on access and review.
23 Any individual exercising his or her right to access and
24 review under the provisions of this chapter, shall be informed
25 when criminal history record information is made available that
26 he or she is under no obligation to divulge such information to
27 any person or agency.
28 CHAPTER 7
29 PRIVACY AND SECURITY COUNCIL
30 Section 701. Privacy and Security Council.
19780H2095B2645 - 18 -
1 (a) There is hereby created a Privacy and Security Council,
2 which shall function independently of but for administrative
3 purposes shall be a departmental administrative board in the
4 Department of Justice.
5 (b) The Privacy and Security Council shall consist of five
6 members appointed by the Governor for three year terms, except
7 that the members first appointed shall serve for terms of one
8 for one year, two for two years, and two for three years.
9 (c) Each member shall be eligible for reappointment and the
10 Governor shall fill vacancies by appointing a person to fill the
11 unexpired term.
12 (d) The Governor shall designate one member of the Privacy
13 and Security Council as chairperson thereof, to serve as such at
14 the pleasure of the Governor.
15 (e) Members of the Privacy and Security Council shall
16 receive no compensation but shall be entitled to receive
17 reimbursement for travel and other necessary expenses incurred
18 in the performance of their duties as members of the Privacy and
19 Security Council.
20 Section 702. Duties of Privacy and Security Council.
21 The Privacy and Security Council shall have the power and
22 authority to:
23 (1) Establish rules and regulations for criminal history
24 record information with respect to security, completeness,
25 accuracy, individual access and review, quality control and
26 audits of repositories.
27 (2) Establish a uniform schedule of reasonable fees for
28 the costs of reproducing criminal history record information
29 for individual access and review and for research or
30 statistical purposes.
19780H2095B2645 - 19 -
1 (3) Conduct hearings to further the purposes of this
2 act.
3 (4) Make investigations concerning all matters touching
4 the administration and enforcement of this act and the rules
5 and regulations promulgated thereunder.
6 (5) Issue subpoenas over the signature of the chairman,
7 to require the attendance of witnesses and the production of
8 records and papers pertaining to any investigation or inquiry
9 concerning matters relating to this act. The fees for such
10 witnesses for travel and attendance shall be the same as for
11 witnesses appearing in the courts and shall be paid from
12 appropriations made to the council.
13 (6) Institute, through the office of the Attorney
14 General, civil and criminal proceedings for violations of
15 this act and the rules and regulations adopted thereunder.
16 (7) Conduct annual audits of the central repository and
17 of a representative sample of not less than 3% of all
18 repositories within the Commonwealth, collecting, storing and
19 disseminating criminal history record information.
20 (8) Appoint such employees and agents as it may deem
21 necessary.
22 (9) Carry out all other powers, duties and
23 responsibilities given to it by this act.
24 CHAPTER 8
25 PUBLIC NOTICE
26 Section 801. Requirements of repositories relating to public
27 notice.
28 Repositories maintaining criminal history record information
29 shall annually inform the public of the existence, purpose, use
30 and accessibility of the criminal history record information
19780H2095B2645 - 20 -
1 they maintain and the requirements of the repository for
2 identification on individual access and review.
3 CHAPTER 9
4 SANCTIONS
5 Section 901. General administrative sanctions.
6 Any person, including any agency or organization, who
7 violates the provisions of this act or any regulations or rules
8 promulgated under it shall:
9 (1) Be denied access to specified criminal history
10 record information for such period of time as the Privacy and
11 Security Council deems appropriate.
12 (2) Be subject to civil or criminal penalties or other
13 remedies as provided for in this act.
14 (3) In the case of an employee of any agency who
15 violates any provision of this act may be administratively
16 disciplined by discharge, suspension, reduction in grade,
17 transfer or other formal disciplinary action as the agency
18 deems appropriate.
19 Section 902. Criminal penalties.
20 A person commits a misdemeanor of the third degree, which
21 shall be punishable by a fine of not less than $500 nor
22 exceeding $1,000, if such person:
23 (1) knowningly requests, obtains or seeks to obtain
24 criminal history record information in violation of this act;
25 or
26 (2) disseminates, maintains or uses criminal history
27 record information knowing such dissemination, maintenance or
28 use to be in violation of this act.
29 Section 903. Civil actions.
30 (a) The Privacy and Security Council, through the Attorney
19780H2095B2645 - 21 -
1 General, or any other individual or agency may institute an
2 action in a court of proper jurisdiction against any person,
3 agency or organization to enjoin any criminal justice agency,
4 noncriminal justice agency, organization or individual violating
5 the provisions of this act or to compel such agency,
6 organization or person to comply with the provisions of this
7 act.
8 (b) (1) Any person aggrieved by a violation of the
9 provisions of this act or of the rules and regulations
10 promulgated hereunder, shall have the substantive right to
11 bring an action for damages by reason of such violation in a
12 court of competent jurisdiction.
13 (2) A person found, by the court, to have been aggrieved
14 by a violation of this act or the rules or regulations
15 promulgated hereunder, shall be entitled to actual and real
16 damages of not less than $100 for each violation and to
17 reasonable costs of litigation and attorney's fees. Exemplary
18 and punitive damages of not less than $1,000 nor more than
19 $10,000 shall be imposed for any violation of this act, or
20 the rules or regulations adopted hereunder, found to be
21 willful.
22 (c) In addition to any other civil or criminal penalty or
23 remedy, when a court, in proceedings instituted pursuant to this
24 act, finds that any of the provisions of this act have been
25 violated, any person shall have the substantive right to bring
26 an action against any employee who shall have willfully violated
27 the provisions of this act. If the court shall conclude that
28 such employee has in fact willfully violated the provisions of
29 this act, the court shall order the dismissal of said employee
30 and the forfeiture of said employee's pension benefit
19780H2095B2645 - 22 -
1 entitlements, if any.
2 CHAPTER 10
3 EFFECTIVE DATE AND REPEALER
4 Section 1001. Repealer.
5 All acts and parts of acts are repealed insofar as they are
6 inconsistent herewith.
7 Section 1002. Effective date.
8 This act shall take effect in 180 days.
B6L10CVV/19780H2095B2645 - 23 -