PRINTER'S NO. 160
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
170
Session of
2023
INTRODUCED BY BAKER, SANTARSIERO, COSTA, LAUGHLIN, HAYWOOD,
ROTHMAN, SCHWANK, COLLETT, KANE, DILLON, TARTAGLIONE,
COMITTA, CAPPELLETTI AND KEARNEY, JANUARY 30, 2023
REFERRED TO JUDICIARY, JANUARY 30, 2023
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 juvenile records; and, in juvenile matters,
further providing for powers and duties of probation
officers, for informal adjustment, for consent decree, for
adjudication, for disposition of delinquent child and for
powers and duties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9123(a)(3) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and the subsection
is amended by adding a paragraph to read:
§ 9123. Juvenile records.
(a) Expungement of juvenile records.--Notwithstanding the
provisions of section 9105 (relating to other criminal justice
information) and except as provided under subsection (a.1),
expungement of records of juvenile delinquency cases and cases
involving summary offenses committed while the individual was
under 18 years of age, wherever kept or retained, shall occur
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after 30 days' notice to the district attorney whenever the
court upon its own motion or upon the motion of a child or the
parents or guardian finds:
* * *
(3) [five] two years have elapsed since the final
discharge of the person from commitment, placement, probation
or any other disposition and referral, pursuant to an
adjudication of delinquency following a determination by the
court that the person committed an offense classified as a
misdemeanor, other than a misdemeanor under Chapter 61
(relating to firearms and other dangerous articles) or a
misdemeanor under section 3126(a)(2) or (3) (relating to
indecent assault), and since such final discharge, the person
has not been convicted of a felony, misdemeanor or
adjudicated delinquent and no proceeding is pending seeking
such conviction or adjudication; [or]
(3.1) five years have elapsed since the final discharge
of the person from commitment, placement, probation or any
other disposition and referral, pursuant to an adjudication
of delinquency following a determination by the court that
the person committed an offense classified as a felony, an
offense classified as a misdemeanor under Chapter 61 or an
offense classified as a misdemeanor under section 3126(a)(2)
or (3), and since the final discharge, the person has not
been convicted of a felony, misdemeanor or adjudicated
delinquent and no proceeding is pending seeking the
conviction or adjudication; or
* * *
Section 2. Sections 6304, 6323 and 6340 of Title 42 are
amended by adding subsections to read:
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§ 6304. Powers and duties of probation officers.
* * *
(a.2) Notification of court to initiate expungement of
juvenile records.--
(1) The Chief Juvenile Probation Officer or designee
shall promptly notify the court that the records of a
juvenile delinquency case are eligible for expungement and
shall request the court to initiate expungement proceedings
in accordance with 18 Pa.C.S. § 9123 (relating to juvenile
records) and the Pennsylvania Rules of Juvenile Court
Procedure, upon determining that any of the following
applies:
(i) a written allegation is not approved for
prosecution;
(ii) a petition is dismissed by the court;
(iii) six months have elapsed since a child's
successful completion of an informal adjustment and no
proceeding seeking adjudication or conviction is pending;
(iv) six months have elapsed since the final
discharge of a child from supervision under a consent
decree and no proceeding seeking adjudication or
conviction is pending;
(v) two years have elapsed since the final discharge
of a child from commitment, placement, probation or any
other disposition and referral, pursuant to an
adjudication of delinquency following a determination by
the court that the child committed an offense classified
as a misdemeanor, other than a misdemeanor under 18
Pa.C.S. Ch. 61 (relating to firearms and other dangerous
articles) or a misdemeanor under 18 Pa.C.S. § 3126(a)(2)
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or (3) (relating to indecent assault), and since the
final discharge, the individual has not been convicted of
a felony, misdemeanor or adjudicated delinquent and no
proceeding is pending seeking the conviction or
adjudication;
(vi) five years have elapsed since the final
discharge of a child from commitment, placement,
probation or any other disposition and referral, pursuant
to an adjudication of delinquency following a
determination by the court that the child committed an
offense classified as a felony, an offense classified as
a misdemeanor under 18 Pa.C.S. Ch. 61 or an offense
classified as a misdemeanor under 18 Pa.C.S. § 3126(a)(2)
or (3), with the exception of an offense precluded from
expungement under 18 Pa.C.S. § 9123(a.1), and since the
final discharge, the individual has not been convicted of
a felony, misdemeanor or adjudicated delinquent and no
proceeding is pending seeking the conviction or
adjudication; or
(vii) the attorney for the Commonwealth consents to
the expungement, unless the offense committed by the
juvenile is precluded from expungement under 18 Pa.C.S. §
9123(a.1).
* * *
§ 6323. Informal adjustment.
* * *
(g) Expungement of records.--Upon motion, or sua sponte,
including upon receiving notice under section 6304(a.2)
(relating to powers and duties of probation officers), the court
shall commence expungement proceedings under 18 Pa.C.S. § 9123
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(relating to juvenile records) and the Pennsylvania Rules of
Juvenile Court Procedure if the court finds:
(1) six months have elapsed since the child's successful
discharge from informal adjustment supervision; and
(2) no proceeding seeking adjudication or conviction is
pending.
§ 6340. Consent decree.
* * *
(f) Expungement of records.--Upon motion, or sua sponte,
including upon receiving notice under section 6304(a.2)
(relating to powers and duties of probation officers), the court
shall commence expungement proceedings under 18 Pa.C.S. § 9123
(relating to juvenile records) and the Pennsylvania Rules of
Juvenile Court Procedure if the court finds:
(1) six months have elapsed since the child's successful
discharge from consent decree supervision; and
(2) no proceeding seeking adjudication or conviction is
pending.
Section 3. Section 6341(a) and (b) of Title 42 are amended
to read:
§ 6341. Adjudication.
(a) General rule.--After hearing the evidence on the
petition the court shall make and file its findings as to
whether the child is a dependent child. If the petition alleges
that the child is delinquent, within seven days of hearing the
evidence on the petition, the court shall make and file its
findings whether the acts ascribed to the child were committed
by him. This time limitation may only be extended pursuant to
the agreement of the child and the attorney for the
Commonwealth. The court's failure to comply with the time
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limitations stated in this section shall not be grounds for
discharging the child or dismissing the proceeding. If the court
finds that the child is not a dependent child or that the
allegations of delinquency have not been established it shall
dismiss the petition and order the child discharged from any
detention or other restriction theretofore ordered in the
proceeding. For cases involving allegations of delinquency where
fingerprints or photographs or both have been taken by a law
enforcement agency and where it is determined that acts ascribed
to the child were not committed by him, the court shall direct
that those records be immediately destroyed by law enforcement
agencies[.] and shall commence expungement proceedings in
accordance with 18 Pa.C.S. § 9123 (relating to juvenile records)
and the Pennsylvania Rules of Juvenile Court Procedure.
(b) Finding of delinquency.--If the court finds on proof
beyond a reasonable doubt that the child committed the acts by
reason of which he is alleged to be delinquent it shall enter
such finding on the record and shall specify the particular
offenses, including the grading and counts thereof which the
child is found to have committed. The court shall then proceed
immediately or at a postponed hearing, which shall occur not
later than 20 days after such finding if the child is in
detention or not more than 60 days after such finding if the
child is not in detention, to hear evidence as to whether the
child is in need of treatment, supervision or rehabilitation, as
established by a preponderance of the evidence, and to make and
file its findings thereon. This time limitation may only be
extended pursuant to the agreement of the child and the attorney
for the Commonwealth. The court's failure to comply with the
time limitations stated in this section shall not be grounds for
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discharging the child or dismissing the proceeding. In the
absence of evidence to the contrary, evidence of the commission
of acts which constitute a felony shall be sufficient to sustain
a finding that the child is in need of treatment, supervision or
rehabilitation. If the court finds that the child is not in need
of treatment, supervision or rehabilitation it shall dismiss the
proceeding [and], discharge the child from any detention or
other restriction theretofore ordered[.] and commence
expungement proceedings in accordance with 18 Pa.C.S. § 9123 and
the Pennsylvania Rules of Juvenile Court Procedure.
* * *
Section 4. Section 6352 of Title 42 is amended by adding a
subsection to read:
§ 6352. Disposition of delinquent child.
* * *
(d) Expungement of records.--Upon motion, or sua sponte,
including upon receiving notice under section 6304(a.2)
(relating to powers and duties of probation officers), the court
shall commence expungement proceedings under 18 Pa.C.S. § 9123
(relating to juvenile records) and the Pennsylvania Rules of
Juvenile Court Procedure if the court finds:
(1) t wo years have elapsed since the final discharge of
a child from commitment, placement, probation or any other
disposition and referral, pursuant to an adjudication of
delinquency following a determination by the court that the
child committed an offense classified as a misdemeanor, other
than a misdemeanor under 18 Pa.C.S. Ch. 61 (relating to
firearms and other dangerous articles) or a misdemeanor under
18 Pa.C.S. § 3126(a)(2) or (3) (relating to indecent
assault), and since the final discharge, the individual has
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not been convicted of a felony, misdemeanor or adjudicated
delinquent and no proceeding is pending seeking a conviction
or adjudication;
(2) five years have elapsed since the final discharge of
a child from commitment, placement, probation or any other
disposition and referral, pursuant to an adjudication of
delinquency following a determination by the court that the
child committed an offense classified as a felony, an offense
classified as a misdemeanor under 18 Pa.C.S. Ch. 61 or an
offense classified as a misdemeanor under 18 Pa.C.S. §
3126(a)(2) or (3), with the exception of an offense precluded
from expungement under 18 Pa.C.S. § 9123(a.1), and since the
final discharge, the individual has not been convicted of a
felony, misdemeanor or adjudicated delinquent and no
proceeding is pending seeking the conviction or adjudication;
or
(3) the attorney for the Commonwealth consents to the
expungement, unless the offense committed by the juvenile is
precluded from expungement under 18 Pa.C.S. § 9123(a.1).
Section 5. Section 6373 of Title 42 is amended by adding a
paragraph to read:
§ 6373. Powers and duties.
The commission shall have the power and is required to do the
following:
* * *
(2.1) Develop and implement the technology and case
management tools necessary to alert chief juvenile probation
officers that the records of a juvenile delinquency case are
eligible for expungement, to facilitate the notification of
courts to initiate the process of expunging juvenile
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delinquency records in accordance with section 6304(a.2)
(relating to powers and duties of probation officers).
* * *
Section 6. This act shall take effect in 180 days.
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