PRINTER'S NO. 393

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 360 Session of 1987


        INTRODUCED BY REBER, HALUSKA, NOYE, JOHNSON, VROON AND BUNT,
           FEBRUARY 23, 1987

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 23, 1987

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, deleting provisions relating to
     3     fingerprinting in relation to retail theft.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 3929(g) of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 3929.  Retail theft.
     9     * * *
    10     [(g)  Fingerprinting.--Prior to the commencement of trial or
    11  entry of plea of a defendant 16 years of age or older accused of
    12  the summary offense of retail theft, the issuing authority shall
    13  order the defendant to submit within five days of such order for
    14  fingerprinting by the municipal police of the jurisdiction in
    15  which the offense allegedly was committed or the State Police.
    16  Fingerprints so obtained shall be forwarded immediately to the
    17  Pennsylvania State Police for determination as to whether or not
    18  the defendant previously has been convicted of the offense of

     1  retail theft. The results of such determination shall be
     2  forwarded to the Police Department obtaining the fingerprints if
     3  such department is the prosecutor, or to the issuing authority
     4  if the prosecutor is other than a police officer. The issuing
     5  authority shall not proceed with the trial or plea in summary
     6  cases until in receipt of the determination made by the State
     7  Police. The district justice shall use the information obtained
     8  solely for the purpose of grading the offense pursuant to
     9  subsection (b).]
    10     Section 2.  This act shall take effect in 60 days.














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