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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session


Posted: January 3, 2013 02:26 PM
From: Senator Shirley M. Kitchen
To: All Senate members
Subject: Second Chance Legislation
In the near future, I plan to re- introduce second chance legislation for nonviolent offenders. As you know, I have been a champion of this issue for many years. My proposed legislation outlines expungement provisions for individuals who have committed a nonviolent offense and have been free from arrest or prosecution for at least five years following the conviction for that offense.

The proposed legislation defines a nonviolent offense as a criminal offense graded as a felony or misdemeanor that is not a crime of violence under 42 Pa. C.S. §9714 (g) concerning sentences for second and subsequent offenses. Nonviolent offense does not include a personal injury crime under section 103 of the Crime Victims Act. Furthermore, the nonviolent offense definition shall not include criminal offenses where the victim was a minor, any offenses punishable under Chapter 63 concerning minors, or offenses concerning drug trafficking of significant amounts.

The intent of this legislation is to enable those that have fulfilled their obligations for the commission of a non-violent offense to gain post-incarceration employment. This important legislation will allow these individuals to make a positive contribution to society thereby furthering the goals of the reentry movement which is significant to reducing recidivism in Pennsylvania.

Introduced as SB328