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A00531
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
689
Session of
2023
INTRODUCED BY HARRIS, DELOZIER, FRANKEL, MADDEN, SCHLOSSBERG,
HILL-EVANS, BULLOCK, KINSEY, KENYATTA, T. DAVIS, GUENST,
ECKER, SOLOMON, SMITH-WADE-EL, HANBIDGE, ORTITAY, JAMES,
McNEILL, TAKAC, M. JONES, HOHENSTEIN, SHUSTERMAN, SANCHEZ,
KRAJEWSKI, DEASY, KAIL, BRENNAN, CONKLIN, KIM, SCOTT, HOWARD
AND SCHEMEL, MARCH 24, 2023
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 3, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for definitions, for general
regulations, for petition for limited access, for clean slate
limited access, for exceptions, for effects of expunged
records and records subject to limited access and for
employer immunity from liability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9102 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 9102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Qualifying offense." A n offense under section 13 of the act
of April 14, 1972 (P.L.233, No.64), known as The Controlled
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Substance, Drug, Device and Cosmetic Act, or an attempt,
conspiracy or solicitation to commit an offense under section 13
of The Controlled Substance, Drug, Device and Cosmetic Act,
unless a minimum sentence of 30 months or more of imprisonment
was imposed on the offense.
* * *
Section 2. Section 9121(b.2)(2) of Title 18 is amended to
read:
§ 9121. General regulations.
* * *
(b.2) Additional exceptions.--
* * *
(2) Subsection (b)(2) shall not apply:
(i) To the verification of information provided by
an applicant if Federal law, including rules and
regulations promulgated by a self-regulatory organization
that has been created under Federal law, requires the
consideration of an applicant's criminal history for
purposes of employment.
(ii) To the verification of information provided to
the Supreme Court, or an entity of the Supreme Court, in
its capacity to govern the practice, procedure and
conduct of all courts, the admission to the bar, the
practice of law, the administration of all courts and
supervision of all officers of the judicial branch.
(iii) To the Department of State for verification of
information provided by a candidate for public office
concerning eligibility under section 7 of Article II of
the Constitution of Pennsylvania.
(iv) To the Department of Human Services for
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verification of infor mation as required by law.
* * *
Section 3. Section 9122.1(a) and (b)(1)(i) and (2)(ii) and
(iii) of Title 18 are amended and the section is amended by
adding subsections to read:
§ 9122.1. Petition for limited access.
(a) General rule.--Subject to the exceptions in subsection
(b) and notwithstanding any other provision of this chapter,
upon petition of a person who has been free from conviction for
a period of [10] seven years for an offense punishable by one or
more years in prison and has completed payment of all court-
ordered restitution and the fee previously authorized to carry
out the limited access and clean slate limited access
provisions, the court of common pleas in the jurisdiction where
a conviction occurred may enter an order that criminal history
record information maintained by a criminal justice agency
pertaining to a qualifying misdemeanor or an ungraded offense
which carries a maximum penalty of no more than five years be
disseminated only to a criminal justice agency or as provided in
section 9121(b.1) and (b.2) (relating to general regulations). A
court may not enter an order under this subsection unless the
person who filed the petition, upon payment of all court-ordered
restitution, also paid the fee previously authorized to carry
out the limited access and clean slate limited access
provisions.
(a.1) Additional criteria.--Upon petition of a person who
has been free from conviction for a period of 10 years for an
offense punishable by one or more years in prison and has
completed payment of all court-ordered restitution and the fee
previously authorized to carry out the limited access and clean
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slate limited access provisions, the court of common pleas in
the jurisdiction where a conviction occurred may enter an order
that criminal history record information maintained by a
criminal justice agency pertaining to a qualifying felony under
this section be disseminated only to a criminal justice agency
or as provided in section 9121(b.1) and (b.2). A court may not
enter an order under this subsection unless the person who filed
the petition, upon payment of all court-ordered restitution,
also paid the fee previously authorized to carry out the limited
access and clean slate limited access provisions. As used in
this subsection, a qualifying felony is any of the following or
an attempt, conspiracy or solicitation to commit any of the
following, excluding felonies of the first and second degrees:
(1) An offense under section 3304 (relating to criminal
mischief).
(2) An offense under section 3503 (relating to criminal
trespass).
(3) An offense under Chapter 39 (relating to theft and
related offenses).
(4) An offense under Chapter 41 (relating to forgery and
fraudulent practices).
(5) An offense under section 481 of the act of June 13,
1967 (P.L.31, No.21), known as the Human Services Code.
(6) An offense under section 13 of the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act.
(b) Exceptions.--An order for limited access under this
section shall not be granted for any of the following:
(1) A conviction for an offense punishable by more than
two years in prison which is any of the following or an
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attempt, conspiracy or solicitation to commit any of the
following:
(i) An offense under Article B of Part II (relating
to offenses involving danger to the person). This
paragraph shall not apply to a misdemeanor offense under
section 2706 (relating to terroristic threats).
* * *
(2) An individual who meets any of the following:
* * *
(ii) Has been convicted within the previous [20] 15
years of:
(A) a felony or an offense punishable by
imprisonment of seven or more years involving:
(I) an offense under Article B of Part II;
(II) an offense under Article D of Part II;
(III) an offense under Chapter 61; or
(IV) an offense specified in 42 Pa.C.S. §§
9799.14 and 9799.55; [or]
(B) four or more offenses punishable by
imprisonment of two or more years[.]; or
(C) any of the following offenses:
(I) An offense under section 3127 (relating
to indecent exposure).
(II) An offense under section 3129 (relating
to sexual intercourse with animal).
(III) An offense under section 4915.1
(relating to failure to comply with registration
requirements) or 4915.2 (relating to failure to
comply with 42 Pa.C.S. Ch. 97 Subch. I
registration requirements).
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(IV) An offense under section 5122 (relating
to weapons or implements for escape).
(V) An offense under section 5510 (relating
to abuse of corpse).
(VI) An offense under section 5515 (relating
to prohibiting of paramilitary training).
(iii) [Has, within the previous 15 years, been
convicted of:
(A) two or more offenses punishable by more than
two years in prison; or
(B) any of the following:
(I) An offense under section 3127 (relating
to indecent exposure).
(II) An offense under section 3129 (relating
to sexual intercourse with animal).
(III) An offense under section 4915.1
(relating to failure to comply with registration
requirements) or 4915.2 (relating to failure to
comply with 42 Pa.C.S. Ch. 97 Subch. I
registration requirements).
(IV) An offense under section 5122 (relating
to weapons or implements for escape).
(V) An offense under section 5510 (relating
to abuse of corpse).
(VI) An offense under section 5515 (relating
to prohibiting of paramilitary training).] Has,
within the previous 10 years, been convicted of
two or more offenses punishable by more than two
years in prison.
(b.1) Consolidation.--For the purpose of this section, the
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conviction of two or more offenses charged in separate counts
that are consolidated under one docket number AND SHARE THE SAME
OFFENSE TRACKING NUMBER shall be deemed to be one conviction.
* * *
Section 4. Section 9122.2(a)(1) and (3) of Title 18 are
amended and the subsection is amended by adding a paragraph to
read:
§ 9122.2. Clean slate limited access.
(a) General rule.--The following shall be subject to limited
access:
(1) 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
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 has been free for [10] seven years
from conviction for any offense punishable by imprisonment of
one or more years and if payment of all court-ordered
restitution has occurred. 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.
(1.1) Subject to the exceptions under section 9122.3 or
if a court has vacated an order for limited access under
section 9122.4, criminal history record information
pertaining to a conviction of a qualifying offense if a
person has been free for 10 years from conviction for any
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offense punishable by imprisonment of one or more years and
if payment of all court-ordered restitution has occurred.
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.
* * *
(3) Criminal history record information pertaining to a
conviction for a summary offense when [10] five years have
elapsed since entry of the judgment of conviction and payment
of all court-ordered restitution has occurred. 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.
* * *
Section 5. Section 9122.3(a)(2)(i), (b) and (c) of Title 18
are amended and the section is amended by adding a subsection to
read:
§ 9122.3. Exceptions.
(a) Limited access not applicable.--Limited access to
records under section 9122.2(a)(1) (relating to clean slate
limited access) shall not be granted for any of the following:
* * *
(2) An individual who at any time has been convicted of:
(i) A felony, excluding a qualifying offense.
* * *
(a.1) Consolidation.--For the purpose of this section, the
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conviction of two or more offenses that are charged in separate
counts and , ARE consolidated under one docket number AND SHARE
THE SAME OFFENSE TRACKING NUMBER shall be deemed to be one
conviction, except that the docket may not be deemed one
conviction if it contains more than two felony convictions.
(b) Limited access to same case.--Limited access under this
section shall not apply to an otherwise qualifying conviction if
a conviction for an offense punishable by imprisonment of five
or more years or an offense enumerated in subsection (a) arose
out of the same case. This subsection shall not apply to a
qualifying offense.
(c) Filing.--Nothing in this section shall preclude the
filing of a petition for limited access under section 9122.1
(relating to petition for limited access) if limited access is
available under [that] this section. An offense eligible for
clean slate limited access under this section shall also be
eligible for petition for limited access under section 9122.1.
Section 6. Section 9122.5 of Title 18 is amended by adding
subsections to read:
§ 9122.5. Effects of expunged records and records subject to
limited access.
* * *
(a.1) Use of information.--Except if required by Federal
law, criminal history record information that has been expunged
or provided limited access may not be used by any individual or
noncriminal justice agency for employment, housing or school
matriculation purposes.
* * *
(c.1) Use for eligibility for public office.--
Notwithstanding any other provision of this chapter, a record
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subject to limited access under section 9122.1 or 9122.2 shall
remain a part of the individual's criminal history record
information and shall be self-disclosed for any relevant purpose
required by section 7 of Article II of the Constitution of
Pennsylvania.
* * *
Section 7. Section 9122.6 of Title 18 is amended to read:
§ 9122.6. Employer immunity from liability.
(a) General rule.--An employer who employs or otherwise
engages an individual whose criminal history record has been
expunged or to which limited access has been applied under
section 9122.1 (relating to petition for limited access) or
9122.2 (relating to clean slate limited access) shall be immune
from liability for any claim arising out of the misconduct of
the individual, if the misconduct relates to the portion of the
criminal history record that has been expunged or provided
limited access.
(b) Voluntary disclosure.--An employer to whom an individual
voluntarily discloses the individual's criminal history record
information shall be immune from liability for any claim arising
under section 9122.5(a.1) (relating to effects of expunged
records and records subject to limited access) related to the
employer's otherwise lawful use or consideration of the criminal
history record information in connection with any employment
decision.
Section 8. This act shall take effect in 60 180 days. as
follows:
(1) The amendment or addition of 18 Pa.C.S. §§ 9122.2(a)
(1), (1.1) and (3) and 9122.3(a)(2)(i), (a.1), (b) and (c)
shall take effect in 180 days.
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(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
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