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        PRIOR PRINTER'S NO. 1519                      PRINTER'S NO. 2099

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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, HESS AND ROAE, MAY 4, 2007

        AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 26, 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., FOR REVIEW OF CHALLENGE  <--
     5     AND FOR APPEALS.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Sections 6111.1(e) and 9152(c) 9152(D) AND (E) of  <--
     9  Title 18 of the Pennsylvania Consolidated Statutes are amended
    10  to read:
    11  § 6111.1.  Pennsylvania State Police.
    12     * * *
    13     (e)  Challenge to records.--Any person who is denied the       <--
    14  right to receive, sell, transfer, possess, carry, manufacture or
    15  purchase a firearm as a result of the procedures established by
    16  this section may challenge the accuracy of that person's
    17  criminal history, juvenile delinquency history or mental health


     1  record pursuant to a denial by the instantaneous records check
     2  in accordance with procedures established by the Pennsylvania
     3  State Police. Any denial based on a conviction must be supported
     4  by a record of the conviction from a court of competent
     5  jurisdiction. The decision resulting from a challenge under this
     6  subsection may be appealed to the Attorney General within 30
     7  days of the decision by the Pennsylvania State Police. The
     8  decision of the Attorney General may be appealed to the
     9  Commonwealth Court in accordance with court rule.
    10     * * *
    11     (E)  CHALLENGE TO RECORDS.--                                   <--
    12         (1)  ANY PERSON WHO IS DENIED THE RIGHT TO RECEIVE, SELL,
    13     TRANSFER, POSSESS, CARRY, MANUFACTURE OR PURCHASE A FIREARM
    14     AS A RESULT OF THE PROCEDURES ESTABLISHED BY THIS SECTION MAY
    15     CHALLENGE THE ACCURACY OF THAT PERSON'S CRIMINAL HISTORY,
    16     JUVENILE DELINQUENCY HISTORY OR MENTAL HEALTH RECORD PURSUANT
    17     TO A DENIAL BY THE INSTANTANEOUS RECORDS CHECK [IN ACCORDANCE
    18     WITH PROCEDURES ESTABLISHED BY THE PENNSYLVANIA STATE POLICE.
    19     THE DECISION RESULTING FROM A CHALLENGE UNDER THIS SUBSECTION
    20     MAY BE APPEALED TO THE ATTORNEY GENERAL WITHIN 30 DAYS OF THE
    21     DECISION BY THE PENNSYLVANIA STATE POLICE. THE DECISION OF
    22     THE ATTORNEY GENERAL MAY BE APPEALED TO THE COMMONWEALTH
    23     COURT IN ACCORDANCE WITH COURT RULE.] BY SUBMITTING A
    24     CHALLENGE TO THE PENNSYLVANIA STATE POLICE WITHIN 30 DAYS
    25     FROM THE DATE OF THE DENIAL.
    26         (2)  THE PENNSYLVANIA STATE POLICE SHALL CONDUCT A REVIEW
    27     OF THE ACCURACY OF THE INFORMATION FORMING THE BASIS FOR THE
    28     DENIAL, AND SHALL HAVE THE BURDEN OF PROVING THE ACCURACY OF
    29     THE RECORD. WITHIN 20 DAYS AFTER RECEIVING A CHALLENGE, THE
    30     PENNSYLVANIA STATE POLICE SHALL NOTIFY THE CHALLENGER OF THE
    20070H1235B2099                  - 2 -     

     1     BASIS FOR THE DENIAL, INCLUDING, BUT NOT LIMITED TO, THE
     2     JURISDICTION AND DOCKET NUMBER OF ANY RELEVANT COURT DECISION
     3     AND PROVIDE THE CHALLENGER AN OPPORTUNITY TO PROVIDE
     4     ADDITIONAL INFORMATION FOR THE PURPOSES OF THE REVIEW. THE
     5     PENNSYLVANIA STATE POLICE SHALL COMMUNICATE ITS FINAL
     6     DECISION TO THE CHALLENGER WITHIN 60 DAYS OF THE RECEIPT OF
     7     THE CHALLENGE. THE DECISION OF THE PENNSYLVANIA STATE POLICE
     8     SHALL INCLUDE ALL INFORMATION WHICH FORMED A BASIS FOR THE
     9     DECISION.
    10         (3)  IF THE CHALLENGE IS RULED INVALID, THE PERSON SHALL
    11     HAVE THE RIGHT TO APPEAL THE DECISION TO THE ATTORNEY GENERAL
    12     WITHIN 30 DAYS OF THE DECISION. THE ATTORNEY GENERAL SHALL
    13     CONDUCT A HEARING DE NOVO IN ACCORDANCE WITH THE
    14     ADMINISTRATIVE AGENCY LAW. THE BURDEN OF PROOF SHALL BE UPON
    15     THE COMMONWEALTH.
    16         (4)  THE DECISION OF THE ATTORNEY GENERAL MAY BE APPEALED
    17     TO THE COMMONWEALTH COURT BY AN AGGRIEVED PARTY.
    18     * * *
    19  § 9152.  Procedure.
    20     * * *
    21     (c)  Challenge of accuracy.--The individual may challenge the  <--
    22  accuracy of his or her criminal history record information by
    23  specifying which portion of the record is incorrect and what the
    24  correct version should be. Any conviction must be supported by a
    25  record of the conviction from a court of competent jurisdiction.
    26  Failure to challenge any portion of the record in existence at
    27  that time will place the burden of proving the inaccuracy of any
    28  part subsequently challenged upon the individual. Information
    29  subsequently added to such record shall also be subject to
    30  review, challenge, correction or appeal.
    20070H1235B2099                  - 3 -     

     1     * * *
     2     (D)  REVIEW OF CHALLENGE.--ALL CRIMINAL JUSTICE AGENCIES       <--
     3  SHALL HAVE 60 DAYS TO CONDUCT A REVIEW OF ANY CHALLENGE AND
     4  SHALL HAVE THE BURDEN OF PROVING THE ACCURACY OF THE RECORD. THE
     5  DECISION ON THE CHALLENGE SHALL INCLUDE ALL INFORMATION,
     6  INCLUDING, BUT NOT LIMITED TO, THE JURISDICTION AND DOCKET
     7  NUMBER OF ANY RELEVANT COURT DECISION WHICH FORMED A BASIS FOR
     8  THE DECISION. IF THE CHALLENGE IS DEEMED VALID, THE APPROPRIATE
     9  OFFICIALS MUST ENSURE THAT:
    10         (1)  THE CRIMINAL HISTORY RECORD INFORMATION IS
    11     CORRECTED.
    12         (2)  A CERTIFIED AND CORRECTED COPY OF THE CRIMINAL
    13     HISTORY RECORD INFORMATION IS PROVIDED TO THE INDIVIDUAL.
    14         (3)  PRIOR ERRONEOUS CRIMINAL HISTORY RECORD INFORMATION
    15     DISSEMINATED TO CRIMINAL JUSTICE AGENCIES SHALL BE DESTROYED
    16     OR RETURNED AND REPLACED WITH CORRECTED INFORMATION.
    17         (4)  THE INDIVIDUAL IS SUPPLIED WITH THE NAMES OF THOSE
    18     NONCRIMINAL JUSTICE AGENCIES AND INDIVIDUALS WHICH HAVE
    19     RECEIVED ERRONEOUS CRIMINAL HISTORY RECORD INFORMATION.
    20     (E)  APPEALS.--
    21         (1)  IF THE CHALLENGE IS RULED INVALID, AN INDIVIDUAL HAS
    22     THE RIGHT TO APPEAL THE DECISION TO THE ATTORNEY GENERAL
    23     WITHIN 30 DAYS OF NOTIFICATION OF THE DECISION BY THE
    24     CRIMINAL JUSTICE AGENCY.
    25         (2)  THE ATTORNEY GENERAL SHALL [HAVE THE AUTHORITY TO
    26     CONDUCT ADMINISTRATIVE APPEAL HEARINGS] CONDUCT A HEARING DE
    27     NOVO IN ACCORDANCE WITH THE ADMINISTRATIVE AGENCY LAW. THE
    28     BURDEN OF PROOF SHALL BE UPON THE PARTY BEARING THE BURDEN OF
    29     PROOF ON THE CHALLENGE.
    30         (3)  THE DECISION OF THE ATTORNEY GENERAL MAY BE APPEALED
    20070H1235B2099                  - 4 -     

     1     TO THE COMMONWEALTH COURT BY AN AGGRIEVED INDIVIDUAL.
     2     Section 2.  This act shall take effect immediately.



















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