PRINTER'S NO. 380
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
391
Session of
2021
INTRODUCED BY SCHWANK, FONTANA, COSTA AND COMITTA,
MARCH 11, 2021
REFERRED TO LAW AND JUSTICE, MARCH 11, 2021
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in employees, providing for use of
criminal background information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 2172. Use of criminal background information.
(a) Authorized use.--A municipal law enforcement agency may
use criminal history record information as provided in 18
Pa.C.S. Ch. 91 (relating to criminal history record information)
to judge the qualifications and suitability of an applicant for
employment as a police officer in the municipality.
(b) Waiver.--Whenever a municipal law enforcement agency is
in receipt of information which is part of an applicant's
criminal history record information file that would disqualify
the applicant due to a criminal conviction, the municipal law
enforcement agency may waive the disqualification based on the
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criminal conviction if the municipal law enforcement agency does
all of the following:
(1) Determines that the criminal conviction is not
graded as a felony or misdemeanor of the first degree.
(2) Investigates the circumstances of the criminal
conviction to determine whether and to the extent the
criminal conviction relates to the applicant's suitability
for employment in the position for which he or she has
applied.
Section 2. This act shall take effect in 60 days.
20210SB0391PN0380 - 2 -
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