PRINTER'S NO. 536
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
512
Session of
2017
INTRODUCED BY McCLINTON, FITZGERALD, V. BROWN, YOUNGBLOOD,
J. HARRIS, VITALI, KINSEY, WHEATLEY, SCHLOSSBERG, BULLOCK,
READSHAW, MILLARD, FREEMAN, D. COSTA, SOLOMON, WARD, DAWKINS,
NEILSON, GROVE, DeLUCA AND THOMAS, FEBRUARY 15, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 15, 2017
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 any of the following occurs:
(1) [no] 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
no disposition is 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] A court order requires that such nonconviction
data be expunged[; or].
(3) [a] 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, [petitions the court
of common pleas in the county where the conviction occurred
seeking expungement and the person] reaches the age of 21 and
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.
20170HB0512PN0536 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iii) Order the expungement of all administrative
records of the Department of Transportation relating to a
conviction under this paragraph.
(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 following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Crime of violence" The term 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
20170HB0512PN0536 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
as defined in section 2507(a), (b), (c) and (d) (relating
to criminal homicide of law enforcement officer).
(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) and (2) (relating to aggravated assault).
(viii) Assault of a 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 section 2717(b)(2).
(xi) Kidnapping as defined in section 2901(a) and
(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) and
(d) (relating to rape).
(xiv) Involuntary deviate sexual intercourse as
defined in section 3123(a), (b) and (c) (relating to
involuntary deviate sexual intercourse).
(xv) Sexual assault as defined in section 3124.1
(relating to sexual assault).
20170HB0512PN0536 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(xvi) Aggravated indecent assault as defined in
section 3125(a) and (b) (relating to aggravated indecent
assault).
(xvii) Arson endangering persons or aggravated arson
as defined in section 3301(a) and (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 section 3311(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) and (iii) (relating to robbery) and 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) and (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) and 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 the 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.
20170HB0512PN0536 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
(a.2) Automatic expungement of juvenile records.--Criminal
history record information shall be expunged when a person who
was alleged to be a delinquent child and charged with an offense
is acquitted of the 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 following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Crime of violence" The term 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
20170HB0512PN0536 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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) and (d) (relating
to criminal homicide of law enforcement officer).
(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) and (2) (relating to aggravated assault).
(viii) Assault of a 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 section 2717(b)(2).
(xi) Kidnapping as defined in section 2901(a) and
(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) and
(d) (relating to rape).
(xiv) Involuntary deviate sexual intercourse as
defined in section 3123(a), (b) and (c) (relating to
20170HB0512PN0536 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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) and (b) (relating to aggravated indecent
assault).
(xvii) Arson endangering persons or aggravated arson
as defined in section 3301(a) and (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 section 3311(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) and (iii) (relating to robbery) and 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) and (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) and 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 the offense or under the laws of another
jurisdiction.
20170HB0512PN0536 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 3. This act shall take effect in 60 days.
20170HB0512PN0536 - 9 -
1