Regular Session 2019-2020 House Bill 2321 P.N. 3366

PRINTER'S NO. 3366

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2321

Session of

2020

INTRODUCED BY RABB, WEBSTER, YOUNGBLOOD, KOSIEROWSKI, READSHAW,

MURT, MADDEN, CIRESI, HILL-EVANS, DEASY, DeLUCA AND GALLOWAY,

FEBRUARY 24, 2020

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 24, 2020

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," in nomination of party candidates at primaries,

providing for candidate background check.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 3, 1937 (P.L.1333, No.320), known

as the Pennsylvania Election Code, is amended by adding a

section to read:

Section 910.1. Candidate background check.--(a) At the time

of filing a nomination petition and affidavit, each candidate

for any State, county, city, borough, incorporated town,

township, ward, school district, poor district, election

district, party office, party delegate or alternate or for the

office of United States Senator or Representative in Congress,

shall file the following with the Department of State:

(1) Under 18 Pa.C.S. Ch. 91 (relating to criminal history

record information), a report of criminal history record

information from the Pennsylvania State Police or a statement

from the Pennsylvania State Police that the State Police central

repository contains no information relating to that person. The

criminal history record information shall be limited to that

which is disseminated under 18 Pa.C.S.§ 9121(b)(2) (relating to

general regulations).

(2) A certification from the Department of Health as to

whether the applicant is named in the Statewide database as the

alleged perpetrator in a pending child abuse investigation or as

the perpetrator of a founded report or an indicated report.

(3) A report of Federal criminal history record information.

The applicant shall submit a full set of fingerprints to the

Pennsylvania State Police for the purpose of a record check, and

the Pennsylvania State Police or its authorized agent shall

submit the fingerprints to the Federal Bureau of Investigation

for the purpose of verifying the identity of the applicant and

obtaining a current record of any criminal arrests and

convictions.

(b) The Department of State shall develop and maintain a

system for making information about a candidate for any State,

county, city, borough, incorporated town, township, ward, school

district, poor district, election district, party office, party

delegate or alternate or for the office of United States Senator

or Representative in Congress, publicly available by electronic

means via an Internet website if:

(1) The Department of Health has verified that the candidate

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is named in the Statewide database as the perpetrator of a

founded report committed within the five-year period immediately

preceding verification under this section.

(2) The candidate's criminal history record information

indicates the candidate has been convicted of any of the

following offenses under Title 18 (relating to crimes and

offenses) or an equivalent crime under Federal law or the law of

another state:

(i) Chapter 25 (relating to criminal homicide).

(ii) Section 2702 (relating to aggravated assault).

(iii) Section 2709.1 (relating to stalking).

(iv) Section 2718 (relating to strangulation).

(v) Section 2901 (relating to kidnapping).

(vi) Section 2902 (relating to unlawful restraint).

(vii) Section 3121 (relating to rape).

(viii) Section 3122.1 (relating to statutory sexual

assault).

(ix) Section 3123 (relating to involuntary deviate sexual

intercourse).

(x) Section 3124.1 (relating to sexual assault).

(xi) Section 3125 (relating to aggravated indecent assault).

(xii) Section 3126 (relating to indecent assault).

(xiii) Section 3127 (relating to indecent exposure).

(xiv) Section 3301 (relating to arson and related offenses).

(xv) Section 4302 (relating to incest).

(xvi) Section 4303 (relating to concealing death of child).

(xvii) Section 4304 (relating to endangering welfare of

children).

(xviii) Section 4305 (relating to dealing in infant

children).

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(xix) A felony offense under section 5902(b) (relating to

prostitution and related offenses).

(xx) Section 5903(c) or (d) (relating to obscene and other

sexual materials and performances).

(xxi) Section 6301 (relating to corruption of minors).

(xxii) Section 6312 (relating to sexual abuse of children).

(xxiii) The attempt, solicitation or conspiracy to commit

any of the offenses set forth in this paragraph.

(3) The candidate's criminal history record information

indicates the candidate has been convicted of a felony offense

under the act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act, committed

within the five-year period immediately preceding verification

under this section.

(4) The candidate's criminal history record information

indicates the candidate has been convicted of an offense under

18 U.S.C. § 2261 (relating to interstate domestic violence) or

2262 (relating to interstate violation of protection order).

(5) The candidate's name appears on the National Crime

Information Center National Sex Offender Registry or on a

state's sex offender registry.

(6) The candidate's name appears on a Statewide database or

its equivalent as a perpetrator of child abuse.

regulations necessary to carry out this section.

Section 2. This act shall apply to elections held 180 days

or later after the effective date of this section.

Section 3. This act shall take effect immediately.

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