PRINTER'S NO. 1809
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1633
Session of
2021
INTRODUCED BY WHEATLEY, LEWIS DELROSSO, McNEILL, HILL-EVANS,
N. NELSON, DELLOSO, HOWARD, SCHLOSSBERG, HOHENSTEIN,
T. DAVIS, GUENST AND NEILSON, JUNE 15, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 15, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for clean slate limited
access.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9122.2(a)(1) of Title 18 of the
Pennsylvania Consolidated Statutes, amended October 29, 2020
(P.L.718, No.83), is amended and the section is amended by
adding subsections to read:
§ 9122.2. Clean slate limited access.
(a) General rule.--The following shall be subject to limited
access:
(1) (i) Subject to the exceptions under section 9122.3
(relating to exceptions) or if a court has vacated an order
for limited access under section 9122.4 (relating to order to
vacate order for limited access), criminal history record
information pertaining to a conviction of a misdemeanor of
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the second degree, a misdemeanor of the third degree or a
misdemeanor offense punishable by imprisonment of no more
than two years if a person:
(A) has been free for 10 years from conviction
for any offense punishable by imprisonment of one or
more years and if payment of all court-ordered
restitution has occurred[.]; or
(B) is a veteran who suffered from an
undiagnosed service-connected mental health disorder
or traumatic brain injury at the time of the
commission of the crime and who receives a diagnosis
of a service-connected mental health disorder or
traumatic brain injury after arrest.
(ii) Upon payment of all court-ordered restitution,
the person whose criminal history record information is
subject to limited access under this paragraph shall also
pay the fee previously authorized to carry out the
limited access and clean slate limited access provisions.
* * *
(d) Determination of diagnosis.--The following shall apply:
(1) The Department of Corrections shall promulgate the
following:
(i) An application for limiting access to a
veteran's criminal record under subsection (a)(1)(ii).
(ii) Rules and regulations for accepting and
approving an application and verifying a veteran's
diagnosis of a service-connected mental health disorder
or traumatic brain injury.
(2) A veteran seeking to limit access to the veteran's
criminal record under subsection (a)(1)(ii) shall apply to
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the Department of Corrections under paragraph (1), which
shall include the veteran's diagnosis of a service-connected
mental health disorder or traumatic brain injury along with
the diagnosing professional's opinion that the veteran was
suffering from a service-connected mental health disorder or
traumatic brain injury at the time of the commission of the
criminal act.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Veteran." As defined under 51 Pa.C.S. § 7202 (relating to
definitions).
Section 2. This act shall take effect in 60 days.
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