PRIOR PRINTER'S NOS. 102, 1135, 1155,
1373
PRINTER'S NO. 1517
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
166
Session of
2015
INTRODUCED BY GREENLEAF, STACK, BREWSTER, KITCHEN, FONTANA,
BAKER, BOSCOLA, WILEY, COSTA, TARTAGLIONE, HUGHES, VOGEL,
LEACH, WHITE, RAFFERTY, PILEGGI, SCHWANK AND WILLIAMS,
JANUARY 15, 2015
AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, JANUARY 26, 2016
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, SUBSECTION (B) IS
AMENDED BY ADDING A PARAGRAPH 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.
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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
(C) no proceedings are pending seeking a
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).
(3) A COURT OR THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA
COURTS MAY NOT DISSEMINATE TO AN INDIVIDUAL, A NONCRIMINAL
JUSTICE AGENCY OR AN INTERNET WEBSITE ANY INFORMATION
RELATING TO A CONVICTION, ARREST, INDICTMENT OR OTHER
INFORMATION LEADING TO A CONVICTION, ARREST, INDICTMENT OR
OTHER INFORMATION, WHICH IS THE SUBJECT OF A COURT ORDER FOR
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LIMITED ACCESS AS PROVIDED IN SECTION 9122.1 (RELATING TO
ORDER FOR LIMITED ACCESS).
* * *
(b.2) Additional exception EXCEPTIONS .--Subsection (b)(2)
(ii) AND (3) 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).
* * *
Section 2. Title 18 is amended by adding a section to read:
§ 9122.1. Order for limited access.
(a) General rule.--The following shall apply:
(1) Notwithstanding any other provision of this chapter,
upon petition of a person who has been free of arrest or
prosecution following conviction or final release from
confinement or supervision, whichever is later, for a period
of 10 years, the court of common pleas in the jurisdiction
where the conviction occurred may enter an order that
criminal history record information maintained by any
criminal justice agency pertaining to a conviction for a
misdemeanor of the second degree, a misdemeanor of the third
degree or an ungraded offense which carries a maximum penalty
of no more than two years 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)
(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
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are the subject of a court order for limited access granted
under this section.
(b) Exceptions.--An order for limited access under this
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).
( c) Notice to district attorney.--The court shall provide
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
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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.
(d) 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 $132 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 clerk of courts.
(2) One-third to the Pennsylvania State Police.
(3) One-third to the district attorney of the county.
(1) ONE-QUARTER TO THE ADMINISTRATIVE OFFICE OF
PENNSYLVANIA COURTS.
(2) ONE-QUARTER TO THE PENNSYLVANIA STATE POLICE.
(3) ONE-QUARTER TO THE DISTRICT ATTORNEY OF THE COUNTY.
(4) ONE-QUARTER TO THE CLERK OF COURTS.
Section 4. This act shall take effect in 270 days.
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