PRINTER'S NO. 2201
No. 1703 Session of 2003
INTRODUCED BY FEESE, ARMSTRONG, BAKER, BALDWIN, BIANCUCCI,
BROWNE, BUNT, CAPPELLI, CAUSER, CLYMER, CREIGHTON, CRUZ,
CURRY, DENLINGER, DeWEESE, EGOLF, FLICK, FORCIER, GEIST,
GEORGE, GERGELY, GILLESPIE, GINGRICH, HALUSKA, HARHAI,
HARPER, HARRIS, HENNESSEY, HERMAN, HESS, HICKERNELL, KELLER,
LEWIS, MAJOR, MANN, McILHATTAN, MELIO, R. MILLER, MYERS,
O'NEILL, PHILLIPS, PICKETT, REICHLEY, ROSS, RUBLEY, SATHER,
SCHRODER, SOLOBAY, STERN, T. STEVENSON, E. Z. TAYLOR, TIGUE,
VANCE, WASHINGTON, WATSON AND YOUNGBLOOD, JUNE 25, 2003
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 25, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, adding definitions relating to
3 dissemination of criminal history record information; and
4 providing for free Internet access for public service
5 entities and for Internet access for qualified entities to
6 that information.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 9102 of Title 18 of the Pennsylvania
10 Consolidated Statutes is amended by adding definitions to read:
11 § 9102. Definitions.
12 The following words and phrases when used in this chapter
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 * * *
16 "Appropriate information." Information that is made
1 available to individuals and noncriminal justice agencies
2 pursuant to section 9121 (relating to general regulations).
3 * * *
4 "Child care." The provision of care, treatment, education,
5 training, instruction, supervision or recreation to children
6 under 18 years of age.
7 * * *
8 "National criminal history background check." The criminal
9 history record system maintained by the Federal Bureau of
10 Investigation based on fingerprint identification or any other
11 method of positive identification.
12 "Nonprofit emergency service provider." A volunteer fire
13 company, volunteer ambulance service or volunteer rescue squad.
14 * * *
15 "Provider." A person who:
16 (1) is employed by or volunteers with a qualified
17 entity;
18 (2) owns or operates a qualified entity;
19 (3) has or may have unsupervised access to a child to
20 whom a qualified entity provides child care;
21 (4) seeks to be employed by or volunteer with a
22 qualified entity;
23 (5) seeks to own or operate a qualified entity; or
24 (6) seeks to have or may have unsupervised access to a
25 child to whom a qualified entity provides child care.
26 "Public service entity." A nonprofit emergency service
27 provider, Commonwealth agency, political subdivision or
28 qualified entity which is exempt from taxation under section
29 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
30 514, 26 U.S.C. § 501(c)(3)).
20030H1703B2201 - 2 -
1 "Qualified entity." A business or organization, whether
2 public, private, for-profit, not-for-profit or voluntary, that
3 provides child care or child-care placement services. The term
4 includes a business or organization that licenses or certifies
5 others to provide child care or child-care placement services.
6 In cases where a qualified entity establishes to the
7 satisfaction of the Pennsylvania State Police that it is the
8 parent entity for specified subordinate entities, the parent
9 entity may act on behalf of its subordinate entities for
10 purposes of this chapter.
11 * * *
12 Section 2. Title 18 is amended by adding sections to read:
13 § 9121.1. Free Internet access for public service entities.
14 (a) General rule.--A public service entity shall be exempt
15 from the payment of any fee for Internet access to information
16 from the criminal history record information system pursuant to
17 section 9121.2(a)(3) (relating to Internet access for qualified
18 entities), if the public service entity:
19 (1) Agrees to restrict its free Internet access to
20 requests for criminal history information relating to
21 individuals who are uncompensated volunteers or seek to
22 become uncompensated volunteers with the public service
23 entity and who have or may have unsupervised access to a
24 child to whom the public service entity provides child care.
25 (2) Uses any information obtained pursuant to this
26 section for the sole purpose of determining a provider's
27 appropriateness as an uncompensated volunteer with the public
28 service entity.
29 (3) Obtains the prior written consent of the
30 uncompensated volunteer on a form prepared by the
20030H1703B2201 - 3 -
1 Pennsylvania State Police and retains a record of the consent
2 for a period of not less than three years, which consent
3 shall be available for inspection by the Pennsylvania State
4 Police.
5 (4) Adheres to any requirements established by the
6 Pennsylvania State Police to assure that free Internet access
7 is limited to a responsible person designated by the public
8 service entity for this purpose.
9 (b) Penalty.--A public service entity that violates any
10 condition established in subsection (a) while receiving criminal
11 record information pursuant to section 9121.2(a)(3), free of
12 charge, shall lose its eligibility to access such information
13 free of charge for a period of two years.
14 (c) Construction.--The receipt of any criminal history
15 record information pursuant to this chapter shall not be
16 construed to relieve a qualified entity or individual seeking to
17 be an uncompensated volunteer with a public service entity from
18 any duty to obtain a criminal record background check imposed by
19 any other law.
20 § 9121.2. Internet access for qualified entities.
21 (a) General duties.--The Pennsylvania State Police shall:
22 (1) Make appropriate information from the State registry
23 on sexually violent predators available on the Internet, free
24 of charge, to the public.
25 (2) Access and review Federal and State criminal history
26 records of providers at the request of a qualified entity
27 through the national criminal history background check system
28 in order to provide the qualified entity with any disposition
29 information permitted under section 9121(b) (relating to
30 general regulations) that bears upon the provider's fitness
20030H1703B2201 - 4 -
1 to have responsibility for the safety and information of
2 children.
3 (3) Obtain, review and provide such disposition
4 information on a provider to a qualified entity, regardless
5 of whether the provider is a resident of this Commonwealth.
6 In order to receive the information provided for in this
7 paragraph, the qualified entity shall:
8 (i) submit the provider's fingerprints along with
9 the request; and
10 (ii) comply with all other requirements of Federal
11 law and the requirements of the Pennsylvania State
12 Police, including the payment of any fee established by
13 the Pennsylvania State Police for processing the request,
14 pertaining to its request. Any fee imposed by the
15 Pennsylvania State Police under this paragraph shall not
16 exceed the cost to the Pennsylvania State Police in
17 obtaining, reviewing and providing the information from
18 the national criminal history background check system to
19 a qualified entity or the maximum fee permitted under
20 Federal law, whichever is less.
21 (4) Delete disposition information that cannot be made
22 available to noncriminal justice agencies under section
23 9121(b), but shall not be required to update information
24 received from the national history background check system in
25 responding to a request pursuant to this paragraph.
26 (5) Make appropriate information from the criminal
27 record information system of the Pennsylvania State Police
28 available to the public pursuant to an Internet request in
29 accordance with the requirements of the Pennsylvania State
30 Police and may charge a fee not to exceed $10 for access to
20030H1703B2201 - 5 -
1 that information.
2 (6) Determine whether entities are qualified entities
3 for purposes of this chapter.
4 (b) Construction.--Nothing in this act shall be construed to
5 require a qualified entity or public service entity to seek
6 Federal or State criminal history record information or to
7 eliminate any requirement relating to background checks imposed
8 upon any public service entity, provider, other entity or
9 individual under 23 Pa.C.S. Ch. 63 (relating to child protective
10 services) or section 111 of the act of March 10, 1949 (P.L.30,
11 No.14), known as the Public School Code of 1949, or any
12 background check requirement in any other law.
13 Section 3. This act shall take effect in 60 days.
E28L18DMS/20030H1703B2201 - 6 -