PRINTER'S NO. 1391
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1081
Session of
2015
INTRODUCED BY DAVIS, O'BRIEN, BROWNLEE, PETRARCA, TALLMAN,
MILLARD, READSHAW, MURT, SANTARSIERO, DONATUCCI, THOMAS,
HANNA, LONGIETTI, BAKER, TOEPEL, STEPHENS, MASSER, WHEELAND,
GAINEY, YOUNGBLOOD, D. COSTA, SNYDER, A. HARRIS, DeLUCA,
KINSEY, MULLERY, KOTIK, KORTZ, BARRAR, BRIGGS, HAHN, JOZWIAK,
FARINA, DRISCOLL, DEAN, GOODMAN, P. DALEY, BIZZARRO AND
CAUSER, APRIL 28, 2015
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 28, 2015
AN ACT
Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes, in
dissemination of criminal history record information, further
providing for fees for background checks; and, in child
protective services, further providing for employees having
contact with children, adoptive and foster parents and for
volunteers having contact with children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9121(b)(1) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 9121. General regulations.
* * *
(b) Dissemination to noncriminal justice agencies and
individuals.--Criminal history record information shall be
disseminated by a State or local police department to any
individual or noncriminal justice agency only upon request.
Except as provided in subsection (b.1):
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(1) A fee may be charged by a State or local police
department for each request for criminal history record
information by an individual or noncriminal justice agency,
except that no fee shall be charged to an individual who
makes the request in order to [apply] do any of the
following:
(i) Apply to become a volunteer with an affiliate of
Big Brothers of America or Big Sisters of America or with
a rape crisis center or domestic violence program.
(ii) Apply to become, or to remain in his or her
position as, a paid or volunteer firefighter or a paid or
volunteer emergency medical services provider.
* * *
Section 2. Section 6344(b) introductory paragraph and (h) of
Title 23, amended October 22, 2014 (P.L.2529, No.153), are
amended and the section is amended by adding a subsection to
read:
§ 6344. Employees having contact with children; adoptive and
foster parents.
* * *
(b) Information to be submitted.--[An] Except as provided
under subsection (b.3), an individual identified in subsection
(a)(7) at the time the individual meets the description set
forth in subsection (a)(7) and an individual identified in
subsection (a)(1), (2), (3), (4), (5) or (6) or (a.1) prior to
the commencement of employment or service shall be required to
submit the following information to an employer, administrator,
supervisor or other person responsible for employment decisions
or involved in the selection of volunteers:
* * *
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(b.3) Paid or volunteer firefighter or emergency medical
services provider.--A paid or volunteer firefighter and a paid
or volunteer emergency medical services provider shall only be
required to provide the information under subsection (b)(1) and
(2) if the individual has been a resident of this Commonwealth
during the entirety of the previous ten-year period.
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(h) Fees.--The department may charge a fee not to exceed $10
in order to conduct the certification as required in subsection
(b)(2), except that no fee shall be charged to an individual who
makes the request in order to [apply] do any of the following:
(1) Apply to become a volunteer with an affiliate of Big
Brothers of America or Big Sisters of America or with a rape
crisis center or domestic violence shelter.
(2) Apply to become, or to remain in his or her position
as, a paid or volunteer firefighter or a paid or volunteer
emergency medical services provider.
Section 3. Section 6344.2(b) and (b.1)(1) introductory
paragraph of Title 23, amended October 22, 2014 (P.L.2529,
No.153), are amended to read:
§ 6344.2. Volunteers having contact with children.
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(b) Investigation.--Employers, administrators, supervisors
or other persons responsible for selection of volunteers shall
require an applicant to submit to all requirements set forth in
section 6344(b) (relating to employees having contact with
children; adoptive and foster parents) except as provided in
[subsection (b.1)] subsections (b.1) and (b.3). An employer,
administrator, supervisor or other person responsible for
selection of volunteers regarding an applicable prospective
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volunteer under this section that intentionally fails to require
the submissions before hiring that individual commits a
misdemeanor of the third degree.
(b.1) Exception.--
(1) A person responsible for the selection of volunteers
under this chapter shall require an applicable prospective
volunteer, including a paid or volunteer firefighter and a
paid or volunteer emergency medical services provider, prior
to the commencement of service to submit only the information
under section 6344(b)(1) and (2), if the following apply:
* * *
Section 4. This act shall take effect in 60 days.
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