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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, MUSTO, BOSCOLA, TARTAGLIONE, RAFFERTY, FONTANA AND O'PAKE, OCTOBER 19, 2009 |
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| REFERRED TO JUDICIARY, OCTOBER 19, 2009 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, in minors, providing for the offense of |
4 | dissemination of prohibited materials by minors; in criminal |
5 | history record information, further providing for expungement |
6 | and for juvenile records; and, in relation to summary |
7 | offenses, further providing for the scope of the Juvenile |
8 | Act, for inspection of court files and records and for |
9 | conduct of hearings. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Title 18 of the Pennsylvania Consolidated |
13 | Statutes is amended by adding a section to read: |
14 | § 6321. Dissemination of prohibited materials by minors. |
15 | (a) Offense defined.--No person under 18 years of age shall |
16 | use a computer or a telecommunications device to knowingly |
17 | transmit or distribute a photograph or other depiction of |
18 | himself or herself or of another minor who is at least 13 years |
19 | of age, in a state of nudity, to another person who is not more |
20 | than four years younger or more than four years older than the |
21 | person transmitting or distributing the photograph or other |
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1 | depiction. |
2 | (b) Applicability.--This section shall not apply to the use |
3 | of a computer or a telecommunications device to transmit or |
4 | distribute a photograph or other depiction involving sexual |
5 | intercourse, deviate sexual intercourse, sadism, masochism or |
6 | masturbation. |
7 | (c) Grading.--A person who violates subsection (a) commits a |
8 | summary offense. |
9 | (d) Proceedings.--Any proceeding involving a violation of |
10 | subsection (a) shall be subject to the provisions of 42 Pa.C.S. |
11 | § 6307 (relating to inspection of court files and records) and § |
12 | 6336(d) (relating to conduct of hearings) insofar as it relates |
13 | to the exclusion of the general public from the proceeding. |
14 | (e) Sentence.--If a person is convicted of a violation of |
15 | subsection (a), as part of the sentence, the magisterial |
16 | district judge may order the person to participate in an |
17 | educational program which includes information as provided for |
18 | under subsection (g). |
19 | (f) Diversionary program.--The magisterial district judge |
20 | may refer a person charged with a violation of subsection (a) to |
21 | an adjudication alternative program under 42 Pa.C.S. § 1520 |
22 | (relating to adjudication alternative program) and the |
23 | Pennsylvania Rules of Criminal Procedure. As part of the |
24 | adjudication alternative program, the magisterial district judge |
25 | may order the person to participate in an educational program |
26 | which includes information as provided for under subsection (g). |
27 | (g) Educational program.--The educational program referenced |
28 | in subsections (e) and (f) shall be developed in consultation |
29 | with the district attorney and school districts of the county. |
30 | The educational program shall include information concerning: |
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1 | (1) The legal consequences of and penalties for using a |
2 | computer or a telecommunications device to share sexually |
3 | suggestive or explicit materials, including applicable |
4 | Federal and State laws. |
5 | (2) The nonlegal consequences of using a computer or a |
6 | telecommunications device to share sexually suggestive or |
7 | explicit materials, including the effect on relationships, |
8 | loss of educational and employment opportunities and the |
9 | potential for being barred or removed from school programs |
10 | and extracurricular activities. |
11 | (3) How the unique characteristics of the Internet, |
12 | including the ability to search for and to replicate |
13 | materials and the limitless audience, can produce long-term |
14 | and unforeseen consequences from sharing sexually suggestive |
15 | or explicit materials. |
16 | (4) The connection between bullying, including bullying |
17 | on the Internet, and juveniles sharing sexually suggestive or |
18 | explicit materials. |
19 | (h) Expungement.--Notwithstanding any other provision of |
20 | law, the records of a person who is convicted of a summary |
21 | offense under this section shall be expunged as provided for |
22 | under section 9123 (relating to juvenile records). |
23 | (i) Definitions.--As used in this section, the following |
24 | words and phrases shall have the meanings given to them in this |
25 | subsection: |
26 | "Computer." As defined in section 7601 (relating to |
27 | definitions). |
28 | "Deviate sexual intercourse." As defined in section 3101 |
29 | (relating to definitions). |
30 | "Nudity." As defined in section 5903(e) (relating to obscene |
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1 | and other sexual materials and performances). |
2 | "Sexual intercourse." As defined in section 3101 (relating |
3 | to definitions). |
4 | "Telecommunications device." As defined in section 7601 |
5 | (relating to definitions). |
6 | Section 2. Sections 9122(a)(3) and 9123(a) of Title 18 are |
7 | amended to read: |
8 | § 9122. Expungement. |
9 | (a) Specific proceedings.--Criminal history record |
10 | information shall be expunged in a specific criminal proceeding |
11 | when: |
12 | * * * |
13 | (3) a person 21 years of age or older who has been |
14 | convicted of a violation of section 6308 (relating to |
15 | purchase, consumption, possession or transportation of liquor |
16 | or malt or brewed beverages), which occurred on or after the |
17 | day the person attained 18 years of age, petitions the court |
18 | of common pleas in the county where the conviction occurred |
19 | seeking expungement and the person has satisfied all terms |
20 | and conditions of the sentence imposed for the violation, |
21 | including any suspension of operating privileges imposed |
22 | pursuant to section 6310.4 (relating to restriction of |
23 | operating privileges). Upon review of the petition, the court |
24 | shall order the expungement of all criminal history record |
25 | information and all administrative records of the Department |
26 | of Transportation relating to said conviction. |
27 | * * * |
28 | § 9123. Juvenile records. |
29 | (a) Expungement of juvenile records.--Notwithstanding the |
30 | provisions of section 9105 (relating to other criminal justice |
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1 | information) and except upon cause shown, expungement of records |
2 | of juvenile delinquency cases and cases involving summary |
3 | offenses committed while the individual was under 18 years of |
4 | age, wherever kept or retained shall occur after 30 days' notice |
5 | to the district attorney, whenever the court upon its motion or |
6 | upon the motion of a child or the parents or guardian finds: |
7 | (1) a complaint is filed which is not substantiated or |
8 | the petition which is filed as a result of a complaint is |
9 | dismissed by the court; |
10 | (2) six months have elapsed since the final discharge of |
11 | the person from supervision under a consent decree and no |
12 | proceeding seeking adjudication or conviction is pending; |
13 | (2.1) the individual is 18 years of age or older and the |
14 | individual has satisfied all terms and conditions of the |
15 | sentence imposed following a conviction for a summary |
16 | offense, with the exception of a violation of section 6308 |
17 | (relating to purchase consumption, possession or |
18 | transportation of liquor or malt or brewed beverages), |
19 | committed while the individual was under 18 years of age and |
20 | the individual has not been convicted of a felony, |
21 | misdemeanor or adjudicated delinquent and no proceeding is |
22 | pending to seek such conviction and adjudication; |
23 | (2.2) the individual is 18 years of age or older and has |
24 | been convicted of a violation of section 6308 which occurred |
25 | while the individual was under 18 years of age and the |
26 | individual has satisfied all terms and conditions of the |
27 | sentence imposed for the violation, including any suspension |
28 | of operating privileges imposed under section 6310.4 |
29 | (relating to restriction of operating privileges). |
30 | Expungement shall include all criminal history record |
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1 | information and all administrative records of the Department |
2 | of Transportation relating to the conviction; |
3 | (3) five years have elapsed since the final discharge of |
4 | the person from commitment, placement, probation or any other |
5 | disposition and referral and since such final discharge, the |
6 | person has not been convicted of a felony, misdemeanor or |
7 | adjudicated delinquent and no proceeding is pending seeking |
8 | such conviction or adjudication; or |
9 | (4) the individual is [18] 17 years of age or older, the |
10 | attorney for the Commonwealth consents to the expungement and |
11 | a court orders the expungement after giving consideration to |
12 | the following factors: |
13 | (i) the type of offense; |
14 | (ii) the individual's age, history of employment, |
15 | criminal activity and drug or alcohol problems; |
16 | (iii) adverse consequences that the individual may |
17 | suffer if the records are not expunged; and |
18 | (iv) whether retention of the record is required for |
19 | purposes of protection of the public safety. |
20 | * * * |
21 | Section 3. Sections 6303, 6307 and 6336 of Title 42 are |
22 | amended by adding subsections to read: |
23 | § 6303. Scope of chapter. |
24 | * * * |
25 | (c) Summary offenses generally.--In addition to the |
26 | provisions of subsection (a)(5) and notwithstanding the |
27 | exclusion of summary offenses generally from the definition of |
28 | "delinquent act" under section 6302, the provisions of sections |
29 | 6307 (relating to inspection of court files and records) and |
30 | 6336(d) (relating to conduct of hearings), insofar as section |
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1 | 6336(d) relates to the exclusion of the general public from the |
2 | proceedings, shall apply to proceedings involving a child |
3 | charged with a summary offense when the proceedings are before a |
4 | judge of the minor judiciary. |
5 | § 6307. Inspection of court files and records. |
6 | * * * |
7 | (c) Summary offenses.--The provisions of this section shall |
8 | apply to proceedings involving a child charged with a summary |
9 | offense when the proceedings are before a judge of the minor |
10 | judiciary. |
11 | § 6336. Conduct of hearings. |
12 | * * * |
13 | (g) Summary offenses.--The provisions of subsection (d), |
14 | insofar as it relates to the exclusion of the general public |
15 | from the proceedings, shall apply to proceedings involving a |
16 | child charged with a summary offense when the proceedings are |
17 | before a judge of the minor judiciary. |
18 | Section 4. This act shall take effect in 60 days. |
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