Regular Session 2015-2016 House Bill 1425 P.N. 1982

PRINTER'S NO. 1982

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1425

Session of

2015

INTRODUCED BY J. HARRIS, KIM, DUSH, KINSEY, GAINEY, THOMAS,

ROEBUCK, V. BROWN, ROZZI, DAVIS, ACOSTA, WHEATLEY,

SCHLOSSBERG, SNYDER, GODSHALL, SIMS, MAHONEY, DAWKINS, COHEN,

GOODMAN, WARD, BRIGGS, CALTAGIRONE, DeLISSIO, D. MILLER,

YOUNGBLOOD, C. PARKER, SANKEY, KIRKLAND, DAVIDSON, GROVE,

SCHREIBER, FRANKEL, HANNA, FLYNN, GIBBONS, BIZZARRO AND

D. COSTA, JUNE 28, 2015

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 28, 2015

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in criminal history record information, further

providing for general regulations and providing for order for

limited access; and, in governance of the system, providing

for petition for expungement or order for limited access fee.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9121(b)(2) of Title 18 of the

Pennsylvania Consolidated Statutes is amended and the section is

amended by adding a subsection to read:

§ 9121. General regulations.

* * *

(b) Dissemination to noncriminal justice agencies and

individuals.--Criminal history record information shall be

disseminated by a State or local police department to any

individual or noncriminal justice agency only upon request.

Except as provided in subsection (b.1):

* * *

(2) Before a State or local police department

disseminates criminal history record information to an

individual or noncriminal justice agency, it shall extract

from the record [all] the following:

(i) All notations of arrests, indictments or other

information relating to the initiation of criminal

proceedings where:

[(i) three years have elapsed from the date of

arrest;

(ii) no conviction has occurred; and

(iii) no proceedings are pending seeking a

conviction.]

(A) three years have elapsed from the date of

arrest;

(B) no conviction has occurred; and

conviction.

(ii) All information relating to a conviction and

the arrest, indictment or other information leading

thereto, which is the subject of a court order for

limited access as provided in section 9122.1 (relating to

order for limited access).

* * *

(b.2) Additional exception.--Subsection (b)(2)(ii) shall not

apply if the request is made by a State agency to be used only

as authorized under section 9124 (relating to use of records by

licensing agencies).

* * *

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Section 2. Title 18 is amended by adding a section to read:

§ 9122.1. Order for limited access.

(a) Persons who may file petition.--The following persons

may file a petition under this section:

(1) A person who was convicted of an offense graded as a

misdemeanor of the second degree and has been free of arrest

or prosecution following final release from confinement and

supervision for a period of 10 years.

(2) A person who was convicted of an offense graded as a

misdemeanor of the third degree and has been free of arrest

or prosecution following final release from confinement and

supervision for a period of seven years.

(3) A person who was convicted of an ungraded offense

that carries a maximum penalty of not more than two years and

has been free of arrest or prosecution following final

release from confinement and supervision for a period of

seven years.

(b) Authority of court to issue.--

(1) Notwithstanding any other provision of this chapter,

upon petition of a person described under subsection (a), the

court of common pleas in the jurisdiction where the

conviction occurred may enter an order that criminal history

record information maintained by a criminal justice agency

pertaining to the conviction be disseminated only to a

criminal justice agency or a government agency as provided in

section 9121(b.1) and (b.2) (relating to general

regulations).

(2) Except when requested or required by a criminal

justice agency, or by and for the official use of a

government agency described in section 9121(b.1) or 9124(a)

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(relating to use of records by licensing agencies), no

individual shall be required nor requested to disclose

information about the person's criminal history records that

are the subject of a court order for limited access granted

under this section.

section shall not be granted to an individual who has been

convicted at any time of any of the following:

(1) An offense punishable by imprisonment of more than

two years.

(2) Four or more offenses punishable by imprisonment of

one or more years.

(3) A violation of section 2701 (relating to simple

assault), except when the offense is graded as a misdemeanor

of the third degree.

(4) A violation of section 3129 (relating to sexual

intercourse with animal).

(5) A violation of section 4912 (relating to

impersonating a public servant).

(6) A violation of section 4952 (relating to

intimidation of witnesses or victims).

(7) A violation of section 4953 (relating to retaliation

against witness, victim or party).

(8) A violation of section 4958 (relating to

intimidation, retaliation or obstruction in child abuse

cases).

(9) An offense which requires registration under 42

Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual

offenders).

(d ) Notice to district attorney.--The court shall provide

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notice of the filing of a petition under subsection (a) to the

district attorney within 10 days. Within 30 days of receipt of

notice, the district attorney may file objections to the

petition. If no objection is timely filed, the court may grant

the petition without further hearing if the requirements of this

section have been met.

(e) Notice to central repository.--Notice of an order for

limited access shall promptly be submitted to the central

repository which shall notify all criminal justice agencies

which have received criminal history record information related

to such conviction that access to such criminal history record

has been limited by order of the court.

Section 3. Title 42 is amended by adding a section to read:

§ 1725.7. Petition for expungement or order for limited access

fee.

(a) General rule.--In addition to any other fee authorized

by law, a person who files a petition for expungement under 18

Pa.C.S. § 9122 (relating to expungement) or a petition for an

order for limited access under 18 Pa.C.S. § 9122.1 (relating to

order for limited access) shall pay a fee of $100 to the clerk

of courts at the time of filing.

(b) Distribution.--The clerk of courts shall ensure that the

fee is distributed as follows:

(1) One-third to the Administrative Office of

Pennsylvania Courts.

(2) One-third to the Pennsylvania State Police.

(3) One-third to the district attorney of the county.

Section 4. This act shall take effect in 60 days.

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