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        PRIOR PRINTER'S NO. 1995                      PRINTER'S NO. 3340

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1617 Session of 1997


        INTRODUCED BY JADLOWIEC, SURRA, SEYFERT, BAKER, GEIST, BELARDI,
           HENNESSEY, FARGO, COY, SATHER, HALUSKA, MANDERINO, BELFANTI,
           TRELLO, KENNEY, COLAFELLA, CIVERA, FORCIER, E. Z. TAYLOR,
           CLARK, LYNCH, McNAUGHTON, PISTELLA AND ROSS, JUNE 10, 1997

        AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MARCH 31, 1998

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for mandatory
     3     fingerprinting.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9112 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 9112.  Mandatory fingerprinting.
     9     (a)  General rule.--Fingerprints of all persons arrested for
    10  a felony, misdemeanor or summary offense which becomes a
    11  misdemeanor on a second arrest after conviction of that summary
    12  offense, shall be taken by the arresting authority, and within
    13  48 hours of the arrest, shall be forwarded to, and in a manner
    14  and such a form as provided by, the central repository.
    15     (b)  Other cases.--
    16         (1)  Where private complaints for a felony or misdemeanor
    17     result in a conviction, the court of proper jurisdiction

     1     shall order the defendant to submit for fingerprinting by the
     2     municipal police of the jurisdiction in which the offense was
     3     allegedly committed or in the absence of a police department,
     4     the State Police. Fingerprints so obtained shall, within 48
     5     hours, be forwarded to the central repository in a manner and
     6     in such form as may be provided by the central repository.
     7         (2)  Where defendants named in police complaints are
     8     proceeded against by summons and the charges are still
     9     pending or the defendants have been convicted, pled guilty or
    10     nolo contendere, or entered into an Accelerated
    11     Rehabilitative Disposition Program, or for offenses under
    12     section 3929 (relating to retail theft), OR FOR OFFENSES       <--
    13     UNDER SECTION 5507 (RELATING TO OBSTRUCTING HIGHWAYS AND
    14     OTHER PUBLIC PASSAGES), the court of proper jurisdiction
    15     shall order the defendant to submit within five days of such
    16     order for fingerprinting by the municipal police of the
    17     jurisdiction in which the offense allegedly was committed or,
    18     in the absence of a police department, the State Police.
    19     Fingerprints so obtained shall, within 48 hours, be forwarded
    20     to the central repository in a manner and in such form as may
    21     be provided by the central repository.
    22     (c)  Transmittal of information.--The central repository
    23  shall transmit the criminal history record information to the
    24  criminal justice agency which submitted a complete, accurate and
    25  classifiable fingerprint card.
    26     Section 2.  This act shall take effect in 60 days.



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