PRINTER'S NO. 836
No. 759 Session of 2007
INTRODUCED BY KASUNIC, O'PAKE, LAVALLE, HUGHES, COSTA, BOSCOLA, ERICKSON, FERLO, FONTANA, GREENLEAF, KITCHEN, LOGAN, MUSTO, PUNT, RHOADES, STOUT, TARTAGLIONE, WASHINGTON, WAUGH, D. WHITE AND C. WILLIAMS, APRIL 12, 2007
REFERRED TO JUDICIARY, APRIL 12, 2007
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for fees for 3 background checks. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 9121 of Title 18 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 9121. General regulations. 9 (a) Dissemination to criminal justice agencies.--Criminal 10 history record information maintained by any criminal justice 11 agency shall be disseminated without charge to any criminal 12 justice agency or to any noncriminal justice agency that is 13 providing a service for which a criminal justice agency is 14 responsible. 15 (b) Dissemination to noncriminal justice agencies and 16 individuals.--Criminal history record information shall be 17 disseminated by a State or local police department to any
1 individual or noncriminal justice agency only upon request. 2 Except as provided in subsection (b.1): 3 (1) A fee may be charged by a State or local police 4 department for each request for criminal history record 5 information by an individual or noncriminal justice agency, 6 except that no fee shall be charged to an individual who 7 makes the request in order to apply to become a volunteer 8 firefighter as defined in section 2 of the act of June 11, 9 1968 (P.L.149, No.84), known as the Volunteer Firefighters' 10 Relief Association Act, or a volunteer with an affiliate of 11 Big Brothers of America or Big Sisters of America or with a 12 rape crisis center or domestic violence program. 13 (2) Before a State or local police department 14 disseminates criminal history record information to an 15 individual or noncriminal justice agency, it shall extract 16 from the record all notations of arrests, indictments or 17 other information relating to the initiation of criminal 18 proceedings where: 19 (i) three years have elapsed from the date of 20 arrest; 21 (ii) no conviction has occurred; and 22 (iii) no proceedings are pending seeking a 23 conviction. 24 (b.1) Exception.--Subsection (b)(1) and (2) shall not apply 25 if the request is made by a county children and youth agency or 26 the Department of Public Welfare in the performance of duties 27 relating to children and youth under the act of June 24, 1937 28 (P.L.2017, No.396), known as the County Institution District 29 Law, section 2168 of the act of August 9, 1955 (P.L.323, 30 No.130), known as The County Code, the act of June 13, 1967 20070S0759B0836 - 2 -
1 (P.L.31, No.21), known as the Public Welfare Code, 23 Pa.C.S. 2 Ch. 63 (relating to child protective services) or 42 Pa.C.S. Ch. 3 63 (relating to juvenile matters). 4 (c) Data required to be kept.--Any criminal justice agency 5 which disseminates criminal history record information must 6 indicate to the recipient that the information disseminated is 7 only that information contained in its own file, the date of the 8 last entry, and that a summary of the Statewide criminal history 9 record information may be obtained from the central repository. 10 (d) Extracting from the record.--When criminal history 11 record information is maintained by a criminal justice agency in 12 records containing investigative information, intelligence 13 information, treatment information or other nonpublic 14 information, the agency may extract and disseminate only the 15 criminal history record information if the dissemination is to 16 be made to a noncriminal justice agency or individual. 17 (e) Dissemination procedures.--Criminal justice agencies may 18 establish reasonable procedures for the dissemination of 19 criminal history record information. 20 (f) Notations on record.--Repositories must enter as a 21 permanent part of an individual's criminal history record 22 information file, a listing of all persons and agencies to whom 23 they have disseminated that particular criminal history record 24 information and the date and purpose for which the information 25 was disseminated. Such listing shall be maintained separate from 26 the record itself. 27 Section 2. This act shall take effect immediately. A16L18JS/20070S0759B0836 - 3 -