PRIOR PRINTER'S NOS. 68, 665, 1028, PRINTER'S NO. 1998
1994
No. 72 Session of 2003
INTRODUCED BY TOMLINSON, LEMMOND, TARTAGLIONE, CORMAN, COSTA,
KITCHEN, BOSCOLA AND ROBBINS, JANUARY 27, 2003
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 20, 2004
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for aggravated
3 assault AND FOR EXPIRATION OF CHAPTER RELATING TO WIRETAPPING <--
4 AND ELECTRONIC SURVEILLANCE; further defining "criminal
5 justice agency"; and further providing for expungement and <--
6 for use of records for employment. FURTHER PROVIDING FOR <--
7 EXPUNGEMENT.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 2702(c) of Title 18 of the Pennsylvania <--
11 Consolidated Statutes, amended November 6, 2002 (P.L.1096,
12 No.132), is amended to read:
13 SECTION 1. SECTIONS 2702(C) AND 5781 OF TITLE 18 OF THE <--
14 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
15 § 2702. Aggravated assault.
16 * * *
17 (c) Officers, employees, etc., enumerated.--The officers,
18 agents, employees and other persons referred to in subsection
19 (a) shall be as follows:
1 (1) Police officer.
2 (2) Firefighter.
3 (3) County adult probation or parole officer.
4 (4) County juvenile probation or parole officer.
5 (5) An agent of the Pennsylvania Board of Probation and
6 Parole.
7 (6) Sheriff.
8 (7) Deputy sheriff.
9 (8) Liquor control enforcement agent.
10 (9) Officer or employee of a correctional institution,
11 county jail or prison, juvenile detention center or any other
12 facility to which the person has been ordered by the court
13 pursuant to a petition alleging delinquency under 42 Pa.C.S.
14 Ch. 63 (relating to juvenile matters).
15 (10) Judge of any court in the unified judicial system.
16 (11) The Attorney General.
17 (12) A deputy attorney general.
18 (13) A district attorney.
19 (14) An assistant district attorney.
20 (15) A public defender.
21 (16) An assistant public defender.
22 (17) A Federal law enforcement official.
23 (18) A State law enforcement official.
24 (19) A local law enforcement official.
25 (20) Any person employed to assist or who assists any
26 Federal, State or local law enforcement official.
27 (21) Emergency medical services personnel.
28 (22) Parking enforcement officer.
29 (23) A district justice.
30 (24) A constable.
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1 (25) A deputy constable.
2 (26) A psychiatric aide.
3 (27) A teaching staff member, a school board member or
4 other employee, including a student employee, of any
5 elementary or secondary publicly funded educational
6 institution, any elementary or secondary private school
7 licensed by the Department of Education or any elementary or
8 secondary parochial school while acting in the scope of his
9 or her employment or because of his or her employment
10 relationship to the school.
11 (28) Governor.
12 (29) Lieutenant Governor.
13 (30) Auditor General.
14 (31) State Treasurer.
15 (32) Member of the General Assembly.
16 (33) An employee of the Department of Environmental
17 Protection.
18 (34) An individual engaged in the private detective
19 business as defined in section 2(a) and (b) of the act of
20 August 21, 1953 (P.L.1273, No.361), known as The Private
21 Detective Act of 1953.
22 (35) An employee or agent of a county children and youth
23 social service agency or of the legal representative of such
24 agency.
25 (36) A public utility employee or an employee of an
26 electric cooperative.
27 * * *
28 § 5781. EXPIRATION OF CHAPTER. <--
29 THIS CHAPTER EXPIRES DECEMBER 31, [2004] 2008, UNLESS
30 EXTENDED BY STATUTE.
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1 Section 2. The definition of "criminal justice agency" in
2 section 9102 of Title 18 is amended to read:
3 § 9102. Definitions.
4 The following words and phrases when used in this chapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 * * *
8 "Criminal justice agency." Any court, including the minor
9 judiciary, with criminal jurisdiction or any other governmental
10 agency, or subunit thereof, created by statute or by the State
11 or Federal constitutions, specifically authorized to perform as
12 its principal function the administration of criminal justice,
13 and which allocates a substantial portion of its annual budget
14 to such function. Criminal justice agencies include, but are not
15 limited to: organized State and municipal police departments,
16 local detention facilities, county, regional and State
17 correctional facilities, probation agencies, district or
18 prosecuting attorneys, parole boards, pardon boards, the
19 facilities and administrative offices of the Department of
20 Public Welfare that provide care, guidance and control to
21 adjudicated delinquents, and such agencies or subunits thereof,
22 as are declared by the Attorney General to be criminal justice
23 agencies as determined by a review of applicable statutes and
24 the State and Federal Constitutions or both.
25 * * *
26 Section 3. Section 9122(a) of Title 18 is amended to read:
27 § 9122. Expungement.
28 (a) Specific proceedings.--Criminal history record
29 information shall be expunged in a specific criminal proceeding
30 when:
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1 (1) no disposition has been received or, upon request
2 for criminal history record information, no disposition has
3 been recorded in the repository within 18 months after the
4 date of arrest and the court of proper jurisdiction certifies
5 to the director of the repository that no disposition is
6 available and no action is pending. Expungement shall not
7 occur until the certification from the court is received and
8 the director of the repository authorizes such expungement;
9 [or]
10 (2) a court order requires that such nonconviction data
11 be expunged[.]; or
12 (3) a person 21 years of age or older who has been
13 convicted of a violation of section 6308 (relating to
14 purchase, consumption, possession or transportation of liquor
15 or malt or brewed beverages) petitions the court of common
16 pleas in the county where the conviction occurred seeking
17 expungement and the person has satisfied all terms and
18 conditions of the sentence imposed for the violation,
19 including any suspension of operating privileges imposed
20 pursuant to section 6310.4 (relating to restriction of
21 operating privileges). Upon review of the petition, the court
22 shall order the expungement of all criminal history record
23 information and all administrative records of the Department
24 of Transportation relating to said conviction.
25 * * *
26 Section 4. Section 9125 of Title 18 is amended by adding a <--
27 subsection to read:
28 § 9125. Use of records for employment.
29 * * *
30 (d) Prohibited use of information.--The following
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1 information contained in a criminal history record information
2 file shall not be used in consideration of an individual's
3 application for employment, job training program, internship or
4 volunteer placement:
5 (1) a record of an arrest for an offense if the
6 individual has not been convicted, pleaded guilty or nolo
7 contendere, or adjudicated delinquent, or if no disposition
8 is reported;
9 (2) a record of a conviction which has been expunged by
10 order of court;
11 (3) a record of a conviction for which the individual
12 has received a pardon; or
13 (4) a record of a conviction relating to a summary
14 offense.
15 Section 5 4. This act shall take effect in 60 days. <--
16 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
17 (1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
18 (2) THE AMENDMENT OF 18 PA.C.S. § 5781 SHALL TAKE EFFECT
19 IMMEDIATELY.
20 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
21 DAYS.
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