H1543B3587A08319       BIL:JSL 06/30/08    #90             A08319
                       AMENDMENTS TO HOUSE BILL NO. 1543
                                    Sponsor:  REPRESENTATIVE MACKERETH
                                           Printer's No. 3587

     1       Amend Title, page 1, line 3, by removing the period after
     2    "record" and inserting
     3               and for juvenile records.
     4       Amend Sec. 1, page 1, line 8, by striking out "9122(B)" and
     5    inserting
     6               9122(a)(3), (b)
     7       Amend Sec. 1 (Sec. 9122), page 1, line 12, by striking out
     8    all of said line and inserting
     9       (a)  Specific proceedings.--Criminal history record
    10    information shall be expunged in a specific criminal proceeding
    11    when:
    12           * * *
    13           (3)  a person 21 years of age or older who has been
    14       convicted of a violation of section 6308 (relating to
    15       purchase, consumption, possession or transportation of liquor
    16       or malt or brewed beverages) which occurred on or after the
    17       person attained 18 years of age petitions the court of common
    18       pleas in the county where the conviction occurred seeking
    19       expungement and the person has satisfied all terms and
    20       conditions of the sentence imposed for the violation,
    21       including any suspension of operating privileges imposed
    22       pursuant to section 6310.4 (relating to restriction of
    23       operating privileges). Upon review of the petition, the court
    24       shall order the expungement of all criminal history record
    25       information and all administrative records of the Department
    26       of Transportation relating to said conviction.

    27       Amend Bill, page 6, by inserting between lines 22 and 23
    28       Section 2.  Section 9123(a) of Title 18 is amended to read:
    29    § 9123.  Juvenile records.
    30       (a)  Expungement of juvenile records.--Notwithstanding the
    31    provisions of section 9105 (relating to other criminal justice
    32    information) and except upon cause shown, expungement of records
    33    of juvenile delinquency cases and cases involving summary
    34    offenses committed while the individual was under 18 years of


     1    age, wherever kept or retained, shall occur after 30 days'
     2    notice to the district attorney, whenever the court upon its
     3    motion or upon the motion of a child or the parents or guardian
     4    finds:
     5           (1)  a complaint is filed which is not substantiated or
     6       the petition which is filed as a result of a complaint is
     7       dismissed by the court;
     8           (2)  six months have elapsed since the final discharge of
     9       the person from supervision under a consent decree and no
    10       proceeding seeking adjudication or conviction is pending;
    11           (2.1)  the individual is 18 years of age or older and has
    12       been convicted of a violation of section 6308 (relating to
    13       purchase, consumption, possession or transportation of liquor
    14       or malt or brewed beverages) which occurred while the
    15       individual was under 18 years of age and the individual has
    16       satisfied all terms and conditions of the sentence imposed
    17       for the violation, including any suspension of operating
    18       privileges imposed pursuant to section 6310.4 (relating to
    19       restriction of operating privileges). Expungement shall
    20       include all criminal history record information and all
    21       administrative records of the Department of Transportation
    22       relating to the conviction;
    23           (2.2)  the individual is 18 years of age or older and the
    24       individual has satisfied all terms and conditions of the
    25       sentence imposed following a conviction for a summary
    26       offense, with the exception of a violation of section 6308,
    27       committed while the individual was under 18 years of age and
    28       the individual has not been convicted of a felony,
    29       misdemeanor or adjudicated delinquent and no proceeding is
    30       pending seeking such conviction or adjudication;
    31           (3)  five years have elapsed since the final discharge of
    32       the person from commitment, placement, probation or any other
    33       disposition and referral and since such final discharge, the
    34       person has not been convicted of a felony, misdemeanor or
    35       adjudicated delinquent and no proceeding is pending seeking
    36       such conviction or adjudication; or
    37           (4)  the individual is [18] 17 years of age or older, the
    38       attorney for the Commonwealth consents to the expungement and
    39       a court orders the expungement after giving consideration to
    40       the following factors:
    41               (i)  the type of offense;
    42               (ii)  the individual's age, history of employment,
    43           criminal activity and drug or alcohol problems;
    44               (iii)  adverse consequences that the individual may
    45           suffer if the records are not expunged; and
    46               (iv)  whether retention of the record is required for
    47           purposes of protection of the public safety.
    48       * * *

    49       Amend Sec. 2, page 6, line 23, by striking out "2" and
    50    inserting
    51               3


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