1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, <-in obstructing governmental operations, further 
4providing for escape; in criminal history record information,
5further providing for juvenile records; in juvenile matters,
6further providing for scope of chapter, for inspection of
7court files and records, for juvenile history record
8information and for conduct of hearings; and, in registration
9of sexual offenders, further providing for definitions and
10for court notification and classification requirements.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

<-13Section 1. Section 9123(a)(2.1) of Title 18 of the
14Pennsylvania Consolidated Statutes is amended to read:

<-15Section 1. Sections 5121(d)(1)(i) and 9123(a)(2.1) of Title 
1618 of the Pennsylvania Consolidated Statutes are amended to 
17read:

18§ 5121. Escape.

19* * *

20(d) Grading.--

21(1) An offense under this section is a felony of the

1third degree where:

2(i) the actor was:

3(A)  under arrest for or detained on a charge of
4felony [or following conviction of crime];

5(B) convicted of a crime; or

6(C) found to be delinquent of an offense which,
7if committed by an adult, would be classified as a
8felony and the actor is at least 18 years of age at
9the time of the violation of this section;

10* * *

11§ 9123. Juvenile records.

12(a) Expungement of juvenile records.--Notwithstanding the
13provisions of section 9105 (relating to other criminal justice
14information) and except as provided under subsection (a.1),
15expungement of records of juvenile delinquency cases and cases
16involving summary offenses committed while the individual was
17under 18 years of age, wherever kept or retained, shall occur
18after 30 days' notice to the district attorney whenever the
19court upon its own motion or upon the motion of a child or the
20parents or guardian finds:

21* * *

22(2.1) the individual is 18 years of age or older and six
23months have elapsed since the individual has satisfied all
24terms and conditions of the sentence imposed following a
25conviction for a summary offense, with the exception of a
26violation of section 6308 (relating to purchase, consumption,
27possession or transportation of liquor or malt or brewed
28beverages), committed while the individual was under 18 years
29of age and, since satisfying all terms and conditions of the 
30sentence, the individual has not been convicted of a felony,

1misdemeanor or adjudicated delinquent and no proceeding is
2pending to seek such conviction and adjudication;

3* * *

4Section 2. Sections 6303(c), 6307(c), 6309(d) and (e) and
56336(g) of Title 42 are amended to read:

6§ 6303. Scope of chapter.

7* * *

8(c) Summary offenses generally.--In addition to the
9provisions of subsection (a)(5) and notwithstanding the
10exclusion of summary offenses generally from the definition of
11"delinquent act" under section 6302, the provisions of sections
126307 (relating to inspection of court files and records) and
136336(d) (relating to conduct of hearings), insofar as section
146336(d) relates to the exclusion of the general public from the
15proceedings, shall apply to proceedings involving a child
16charged with a summary offense when the proceedings are before a
17judge of the minor judiciary, the Philadelphia Municipal Court 
18or a court of common pleas.

19§ 6307. Inspection of court files and records.

20* * *

21(c) Summary offenses.--The provisions of this section shall
22apply to proceedings involving a child charged with a summary
23offense when the proceedings are before a judge of the minor
24judiciary, the Philadelphia Municipal Court or a court of common 
25pleas.

26§ 6309. Juvenile history record information.

27* * *

28(d) Disposition reporting.--The division or judge of the
29court assigned to conduct juvenile hearings shall, within seven
30days after disposition of a case where the child has been

1alleged to be delinquent, notify the arresting authority of the
2disposition of the case. [In addition, it shall collect and
3submit to the Juvenile Court Judges' Commission the] The
4disposition of cases where a child has been alleged to be
5delinquent, including the disposition of cases resulting in an
6adjudication of delinquency [which] shall be [submitted]
7provided to the Pennsylvania State Police for inclusion in the
8central repository [within 90 days of an adjudication of
9delinquency as required by] as determined by the Administrative 
10Office of Pennsylvania Courts in consultation with the Juvenile
11Court Judges' Commission. In addition, the Juvenile Court 
12Judges' Commission shall be provided with information pertaining 
13to the cases of children who have been alleged to be delinquent 
14as the commission determines necessary to fulfill its 
15responsibilities under section 6373 (relating to powers and 
16duties).

17(e) Definitions.--As used in this section, the following
18words and phrases shall have the meanings given to them in this
19subsection:

20"Criminal history record information." In addition to the
21meaning in 18 Pa.C.S. § 9102 (relating to definitions), the term
22includes the meaning of juvenile history record information as
23defined in this subsection.

24"Juvenile history record information." Information collected 
25pursuant to this section concerning alleged delinquents and 
26adjudicated delinquents whose fingerprints and photographs are 
27taken pursuant to section 6308(c) and arising from [the filing 
28of a petition] an allegation of delinquency, consisting of 
29identifiable descriptions, dates and notations of arrests or 
30other delinquency charges and any adjudication of delinquency or
 

1preadjudication disposition other than dismissal arising 
2therefrom. This information shall also include the last known 
3location and the juvenile court jurisdiction status of each 
4adjudicated delinquent. Juvenile history record information 
5shall not include intelligence information, investigative 
6information, treatment information, including medical and 
7psychiatric information, caution indicator information, modus 
8operandi information, wanted persons information, stolen 
9property information, missing persons information, employment 
10history information, personal history information or presentence 
11investigation information.

12§ 6336. Conduct of hearings.

13* * *

14(g) Summary offenses.--The provisions of subsection (d),
15insofar as subsection (d) relates to the exclusion of the
16general public from the proceedings, shall apply to proceedings
17involving a child charged with a summary offense when the
18proceedings are before a judge of the minor judiciary, the 
19Philadelphia Municipal Court or a court of common pleas.

20* * *

21Section 3. The definition of "juvenile offender" in section
229799.12 of Title 42 is amended to read:

23§ 9799.12. Definitions.

24The following words and phrases when used in this subchapter
25shall have the meanings given to them in this section unless the
26context clearly indicates otherwise:

27* * *

28"Juvenile offender." One of the following:

29(1) An individual who was 14 years of age or older at
30the time the individual committed an offense which, if

1committed by an adult, would be classified as an offense
2under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to
3involuntary deviate sexual intercourse) or 3125 (relating to
4aggravated indecent assault) or an attempt, solicitation or
5conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123
6or 3125 and either:

7(i) is adjudicated delinquent for such offense on or
8after the effective date of this section; or

9(ii) has been adjudicated delinquent for such
10offense and on the effective date of this section is
11subject to the jurisdiction of the court on the basis of
12that adjudication of delinquency, including commitment to
13an institution or facility set forth in section
146352(a) (3) (relating to a disposition of delinquent
15child).

16(2) An individual who, on or after the effective date of 
17this paragraph, was 14 years of age or older at the time the
18individual committed an offense similar to an offense under
1918 Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation
20or conspiracy to commit an offense similar to an offense
21under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws of the
22United States, another jurisdiction or a foreign country and
23was adjudicated delinquent for such an offense[.]; or who was 
24previously adjudicated delinquent for such an offense and, on 
25the effective date of this paragraph, is subject to the 
26jurisdiction of the court on the basis of that adjudication 
27of delinquency.

28(3) An individual who, on or after the effective date of
29this paragraph, was required to register in a sexual offender
30registry in another jurisdiction or foreign country based

1upon an adjudication of delinquency.

2The term does not include a sexually violent delinquent child.

3* * *

4Section 4. Section 9799.23(a) of Title 42 is amended to
5read:

6§ 9799.23. Court notification and classification requirements.

7(a) Notice to sexual offenders.--At the time of sentencing,
8of disposition under section 6352 (relating to disposition of 
9delinquent child) in the case of a juvenile offender, of 
10adjudication of delinquency under section 6341 (relating to 
11adjudication) in the case of a juvenile offender if the 
12individual was adjudicated delinquent in any county other than 
13the individual's county of residence and section 9799.19(h)(1)
14(i)(B) (relating to initial registration) applies, or of
15commitment under section 6403 (relating to court-ordered 
16involuntary treatment) in the case of a sexually violent
17delinquent child, the court shall inform the sexual offender of
18the provisions of this subchapter. The court shall:

19(1) Specifically inform the sexual offender of the duty
20to register under this subchapter.

21(2) Specifically inform the sexual offender of:

22(i) the duty to register in accordance with sections
239799.15 (relating to period of registration), 9799.16(b)
24(relating to registry), 9799.19 [(relating to initial
25registration)] and 9799.25 (relating to verification by
26sexual offenders and Pennsylvania State Police); and

27(ii) the duty to attend counseling in accordance
28with:

29(A) section 9799.36 (relating to counseling of
30sexually violent predators) if applicable; or

1(B) section 6404.2(g) (relating to duration of
2outpatient commitment and review) if applicable.

3(3) Specifically inform the sexual offender of the duty
4to register with authorities in another jurisdiction within
5three business days of:

6(i) Commencement of residence, change of residence,
7termination of residence or failure to maintain a
8residence, thus making the sexual offender a transient.

9(ii) Commencement of employment, a change in the
10location or entity in which the sexual offender is
11employed or termination of employment.

12(iii) Commencement of enrollment as a student, a
13change in enrollment as a student or termination of
14enrollment as a student.

15(4) In accordance with section 9799.16(c), order that
16the fingerprints, palm prints, DNA sample and photograph of
17the sexual offender be provided to the Pennsylvania State
18Police upon sentencing.

19(5) Require the sexual offender to read and sign a form
20stating that the duty to register under this subchapter has
21been explained. If the sexual offender is incapable of
22speaking, reading or writing the English language, the court
23shall certify the duty to register was explained to the
24sexual offender, and the sexual offender indicated an
25understanding of the duty.

26(6) Specifically classify the individual as one of the
27following:

28(i) An individual convicted of a Tier I offense.

29(ii) An individual convicted of a Tier II offense.

30(iii) An individual convicted of a Tier III offense.

1(iv) A sexually violent predator.

2(v) A juvenile offender.

3(vi) A sexually violent delinquent child.

4* * *

5Section 5. This act shall take effect in 60 days.