PRINTER'S NO. 2981
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1905
Session of
2015
INTRODUCED BY MCCLINTON, D. PARKER, BULLOCK, MILLARD, GODSHALL,
W. KELLER, DAVIS, THOMAS, ACOSTA, WHEATLEY, SCHREIBER,
DAWKINS, GIBBONS, SIMS, V. BROWN, READSHAW, KIM, KINSEY,
COHEN, MAHONEY, DeLUCA AND J. HARRIS, MARCH 17, 2016
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 17, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for expungement and for
juvenile records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9122(a) of Title 18 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 9122. Expungement.
(a) Specific proceedings.--Criminal history record
information shall be expunged in a specific criminal proceeding
when:
(1) no disposition has been received or, upon request
for criminal history record information, no disposition has
been recorded in the repository within 18 months after the
date of arrest and the court of proper jurisdiction certifies
to the director of the repository that no disposition is
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available and no action is pending. Expungement shall not
occur until the certification from the court is received and
the director of the repository authorizes such expungement;
(2) a court order requires that such nonconviction data
be expunged; [or]
(3) a person [21 years of age or older] who has been
convicted of a violation of section 6308 (relating to
purchase, consumption, possession or transportation of liquor
or malt or brewed beverages), which occurred on or after the
day the person attained 18 years of age, reaches the age of
21 [petitions the court of common pleas in the county where
the conviction occurred seeking expungement] and the person
has satisfied all terms and conditions of the sentence
imposed for the violation, including any suspension of
operating privileges imposed pursuant to section 6310.4
(relating to restriction of operating privileges)[. Upon
review of the petition, the court shall order the expungement
of all criminal history record information and all
administrative records of the Department of Transportation
relating to said conviction.]. The court shall:
(i) Within 6 to 12 months of the person attaining 21
years of age, automatically expunge criminal history
record information under this paragraph.
(ii) Provide notice in writing to the person that
the person's criminal history record information will be
automatically expunged within 6 to 12 months of the
person attaining 21 years of age. The Supreme Court shall
promulgate regulations regarding the form and content of
the notice.
(iii) Order the expungement of all administrative
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records of the Department of Transportation relating to a
conviction under this paragraph; or
(4) a person is acquitted of an offense. This paragraph
shall not apply to a person who has been acquitted of a crime
of violence. The court shall:
(i) Within 6 to 12 months of disposition of the
criminal proceeding, automatically expunge criminal
history record information relating to any offense of
which the person was acquitted.
(ii) Provide notice in writing to the person that
the person's criminal history record information will be
automatically expunged within 6 to 12 months of
disposition of the criminal proceeding. The Supreme Court
shall promulgate regulations regarding the form and
content of the notice.
* * *
(g) Definitions.--As used in this section, the term "crime of
violence" shall include:
(1) Any of the following offenses:
(i) Murder in any degree as defined in section 2502
(relating to murder).
(ii) Voluntary manslaughter as defined in section
2503 (relating to voluntary manslaughter).
(iii) Drug delivery resulting in death as defined in
section 2506(a) (relating to drug delivery resulting in
death).
(iv) Criminal homicide of a law enforcement officer
as defined in section 2507(a), (b), (c) or (d) (relating
to criminal homicide of law enforcement officer).
(v) Murder of an unborn child in any degree as
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defined in section 2604 (relating to murder of unborn
child).
(vi) Aggravated assault of an unborn child as
defined in section 2606(a) (relating to aggravated
assault of unborn child).
(vii) Aggravated assault as defined in section
2702(a)(1) or (2) (relating to aggravated assault).
(viii) Assault of law enforcement officer as defined
in section 2702.1 (relating to assault of law enforcement
officer).
(ix) Use of weapons of mass destruction as defined
in section 2716(b) (relating to weapons of mass
destruction).
(x) Terrorism as defined in section 2717(a)
(relating to terrorism) that is graded as a felony of the
first degree under subsection (b)(2).
(xi) Kidnapping as defined in section 2901(a) or
(a.1) (relating to kidnapping).
(xii) Trafficking of individuals as defined in
section 3011 (relating to trafficking in individuals).
(xiii) Rape as defined in section 3121(a), (c) or
(d) (relating to rape).
(xiv) Involuntary deviate sexual intercourse as
defined in section 3123(a), (b) or (c) (relating to
involuntary deviate sexual intercourse).
(xv) Sexual assault as defined in section 3124.1
(relating to sexual assault).
(xvi) Aggravated indecent assault as defined in
section 3125(a) or (b) (relating to aggravated indecent
assault).
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(xvii) Arson endangering persons or aggravated arson
as defined in section 3301(a) or (a.1) (relating to arson
and related offenses).
(xviii) Ecoterrorism as defined in section 3311(a)
(relating to ecoterrorism) that is graded as a felony of
the first degree under subsection (b)(3).
(xix) Burglary as defined in section 3502(a)(1)
(relating to burglary).
(xx) Robbery as defined in section 3701(a)(1)(i),
(ii) or (iii) (relating to robbery) or robbery of a motor
vehicle as defined in section 3702(a) (relating to
robbery of motor vehicle).
(xxi) Incest as defined in section 4302(a) or (b)
(relating to incest).
(xxii) Criminal attempt as defined in section 901(a)
(relating to criminal attempt), criminal solicitation as
defined in section 902(a) (relating to criminal
solicitation) or criminal conspiracy as defined in
section 903(a) (relating to criminal conspiracy) to
commit any of the offenses specified in this definition.
(2) Any offense equivalent to an offense under paragraph
(1) under the laws of this Commonwealth in effect at the time
of the commission of that offense or under the laws of
another jurisdiction.
Section 2. Section 9123 of Title 18 is amended by adding
subsections to read:
§ 9123. Juvenile records.
* * *
(a.2) Automatic expungement of juvenile records.--Criminal
history record information shall be expunged when a person who
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was charged with being delinquent of an offense is acquitted of
that offense. This paragraph shall not apply to a person who has
been acquitted of an offense which, if committed by an adult,
would be a crime of violence. The court shall:
(1) Within 6 to 12 months of disposition of the
delinquency proceeding, automatically expunge criminal
history record information relating to any offense of which
the person was acquitted.
(2) Provide notice in writing to the person if the
person is 18 years of age or older, or to the person's parent
or guardian if the individual is less than 18 years of age,
that the person's criminal history record information will be
automatically expunged within 6 to 12 months of disposition
of the delinquency proceeding. The Supreme Court shall
promulgate regulations regarding the form and content of the
notice.
* * *
(d) Definitions.--As used in this section, the term "crime
of violence" shall include:
(1) Any of the following offenses:
(i) Murder in any degree as defined in section 2502
(relating to murder).
(ii) Voluntary manslaughter as defined in section
2503 (relating to voluntary manslaughter).
(iii) Drug delivery resulting in death as defined in
section 2506(a) (relating to drug delivery resulting in
death).
(iv) Criminal homicide of a law enforcement officer
as defined in section 2507(a), (b), (c) or (d) (relating
to criminal homicide of law enforcement officer).
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(v) Murder of an unborn child in any degree as
defined in section 2604 (relating to murder of unborn
child).
(vi) Aggravated assault of an unborn child as
defined in section 2606(a) (relating to aggravated
assault of unborn child).
(vii) Aggravated assault as defined in section
2702(a)(1) or (2) (relating to aggravated assault).
(viii) Assault of law enforcement officer as defined
in section 2702.1 (relating to assault of law enforcement
officer).
(ix) Use of weapons of mass destruction as defined
in section 2716(b) (relating to weapons of mass
destruction).
(x) Terrorism as defined in section 2717(a)
(relating to terrorism) that is graded as a felony of the
first degree under subsection (b)(2).
(xi) Kidnapping as defined in section 2901(a) or
(a.1) (relating to kidnapping).
(xii) Trafficking of individuals as defined in
section 3011 (relating to trafficking in individuals).
(xiii) Rape as defined in section 3121(a), (c) or
(d) (relating to rape).
(xiv) Involuntary deviate sexual intercourse as
defined in section 3123(a), (b) or (c) (relating to
involuntary deviate sexual intercourse).
(xv) Sexual assault as defined in section 3124.1
(relating to sexual assault).
(xvi) Aggravated indecent assault as defined in
section 3125(a) or (b) (relating to aggravated indecent
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assault).
(xvii) Arson endangering persons or aggravated arson
as defined in section 3301(a) or (a.1) (relating to arson
and related offenses).
(xviii) Ecoterrorism as defined in section 3311(a)
(relating to ecoterrorism) that is graded as a felony of
the first degree under subsection (b)(3).
(xix) Burglary as defined in section 3502(a)(1)
(relating to burglary).
(xx) Robbery as defined in section 3701(a)(1)(i),
(ii) or (iii) (relating to robbery) or robbery of a motor
vehicle as defined in section 3702(a) (relating to
robbery of motor vehicle).
(xxi) Incest as defined in section 4302(a) or (b)
(relating to incest).
(xxii) Criminal attempt as defined in section 901(a)
(relating to criminal attempt), criminal solicitation as
defined in section 902(a) (relating to criminal
solicitation) or criminal conspiracy as defined in
section 903(a) (relating to criminal conspiracy) to
commit any of the offenses specified in this definition.
(2) Any offense equivalent to an offense under paragraph
(1) under the laws of this Commonwealth in effect at the time
of the commission of that offense or under the laws of
another jurisdiction.
Section 3. This act shall take effect in 60 days.
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