PRINTER'S NO. 1519
No. 1235 Session of 2007
INTRODUCED BY J. WHITE, McCALL, EVERETT, METCALFE, SURRA,
GERGELY, SOLOBAY, COX, DALEY, DENLINGER, GIBBONS, GOODMAN,
HORNAMAN, KAUFFMAN, KORTZ, KOTIK, MAHONEY, MANDERINO,
McILHATTAN, MOYER, MUSTIO, READSHAW, SAYLOR, SCAVELLO, WALKO,
YEWCIC AND HESS, MAY 4, 2007
REFERRED TO COMMITTEE ON JUDICIARY, MAY 4, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for challenge to
3 criminal history records and for challenge of accuracy of
4 criminal history record information.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 6111.1(e) and 9152(c) of Title 18 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 6111.1. Pennsylvania State Police.
10 * * *
11 (e) Challenge to records.--Any person who is denied the
12 right to receive, sell, transfer, possess, carry, manufacture or
13 purchase a firearm as a result of the procedures established by
14 this section may challenge the accuracy of that person's
15 criminal history, juvenile delinquency history or mental health
16 record pursuant to a denial by the instantaneous records check
17 in accordance with procedures established by the Pennsylvania
1 State Police. Any denial based on a conviction must be supported
2 by a record of the conviction from a court of competent
3 jurisdiction. The decision resulting from a challenge under this
4 subsection may be appealed to the Attorney General within 30
5 days of the decision by the Pennsylvania State Police. The
6 decision of the Attorney General may be appealed to the
7 Commonwealth Court in accordance with court rule.
8 * * *
9 § 9152. Procedure.
10 * * *
11 (c) Challenge of accuracy.--The individual may challenge the
12 accuracy of his or her criminal history record information by
13 specifying which portion of the record is incorrect and what the
14 correct version should be. Any conviction must be supported by a
15 record of the conviction from a court of competent jurisdiction.
16 Failure to challenge any portion of the record in existence at
17 that time will place the burden of proving the inaccuracy of any
18 part subsequently challenged upon the individual. Information
19 subsequently added to such record shall also be subject to
20 review, challenge, correction or appeal.
21 * * *
22 Section 2. This act shall take effect immediately.
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