Regular Session 2021-2022 House Bill 1826 P.N. 3165

PRINTER'S NO. 3165

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1826

Session of

2022

INTRODUCED BY DELOZIER, HARRIS, ECKER, BURGOS, CIRESI, SCHLEGEL

CULVER, DALEY, A. DAVIS, DEASY, FITZGERALD, FRANKEL,

HANBIDGE, HILL-EVANS, HOHENSTEIN, HOWARD, JAMES, KAIL,

KINSEY, LEWIS, McCLINTON, McNEILL, MERSKI, NEILSON,

N. NELSON, SANCHEZ, SAPPEY, SCHLOSSBERG, SHUSTERMAN, SOLOMON

AND ZABEL, MAY 27, 2022

REFERRED TO COMMITTEE ON JUDICIARY, MAY 27, 2022

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in criminal history record

information, further providing for definitions, for general

regulations, for petition for limited access, for clean slate

limited access, for exceptions and for effects of expunged

records and records subject to limited access.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9102 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 9102. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Qualifying offense." A n offense under section 13 of the act

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

Substance, Drug, Device and Cosmetic Act, or an attempt,

conspiracy or solicitation to commit an offense under section 13

of The Controlled Substance, Drug, Device and Cosmetic Act,

unless a minimum sentence of 30 months or more of imprisonment

was imposed on the offense.

* * *

Section 2. Section 9121(b.2)(2) of Title 18 is amended to

read:

§ 9121. General regulations.

* * *

(b.2) Additional exceptions.--

* * *

(2) Subsection (b)(2) shall not apply:

(i) To the verification of information provided by

an applicant if Federal law, including rules and

regulations promulgated by a self-regulatory organization

that has been created under Federal law, requires the

consideration of an applicant's criminal history for

purposes of employment.

(ii) To the verification of information provided to

the Supreme Court, or an entity of the Supreme Court, in

its capacity to govern the practice, procedure and

conduct of all courts, the admission to the bar, the

practice of law, the administration of all courts and

supervision of all officers of the judicial branch.

(iii) To the Department of State for verification of

information provided by a candidate for public office

concerning eligibility under section 7 of Article II of

the Constitution of Pennsylvania.

* * *

Section 3. Section 9122.1(a) and (b)(1)(i) and (2)(ii) and

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(iii) of Title 18 are amended and the section is amended by

adding subsections to read:

§ 9122.1. Petition for limited access.

(a) General rule.--Subject to the exceptions in subsection

(b) and notwithstanding any other provision of this chapter,

upon petition of a person who has been free from conviction for

a period of [10] seven years for an offense punishable by one or

more years in prison and has completed payment of all court-

ordered restitution and the fee previously authorized to carry

out the limited access and clean slate limited access

provisions, the court of common pleas in the jurisdiction where

a conviction occurred may enter an order that criminal history

record information maintained by a criminal justice agency

pertaining to a qualifying misdemeanor or an ungraded offense

which carries a maximum penalty of no more than five years be

disseminated only to a criminal justice agency or as provided in

section 9121(b.1) and (b.2) (relating to general regulations). A

court may not enter an order under this subsection unless the

person who filed the petition, upon payment of all court-ordered

restitution, also paid the fee previously authorized to carry

out the limited access and clean slate limited access

provisions.

(a.1) Additional criteria.--Upon petition of a person who

has been free from conviction for a period of 10 years for an

offense punishable by one or more years in prison and has

completed payment of all court-ordered restitution and the fee

previously authorized to carry out the limited access and clean

slate limited access provisions, the court of common pleas in

the jurisdiction where a conviction occurred may enter an order

that criminal history record information maintained by a

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criminal justice agency pertaining to a qualifying felony under

this section be disseminated only to a criminal justice agency

or as provided in section 9121(b.1) and (b.2). A court may not

enter an order under this subsection unless the person who filed

the petition, upon payment of all court-ordered restitution,

also paid the fee previously authorized to carry out the limited

access and clean slate limited access provisions. As used in

this subsection, a qualifying felony is any of the following or

an attempt, conspiracy or solicitation to commit any of the

following, excluding felonies of the first and second degrees:

(1) An offense under section 3304 (relating to criminal

mischief).

(2) An offense under section 3503 (relating to criminal

trespass).

(3) An offense under section 481 of the act of June 13,

1967 (P.L.31, No.21), known as the Human Services Code.

(4) An offense under section 13 of the act of April 14,

1972 (P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act.

(5) An offense under Chapter 39 (relating to theft and

related offenses).

(6) An offense under Chapter 41 (relating to forgery and

fraudulent practices).

(b) Exceptions.--An order for limited access under this

section shall not be granted for any of the following:

(1) A conviction for an offense punishable by more than

two years in prison which is any of the following or an

attempt, conspiracy or solicitation to commit any of the

following:

(i) An offense under Article B of Part II (relating

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to offenses involving danger to the person). This

paragraph shall not apply to a misdemeanor offense under

section 2706 (relating to terroristic threats).

* * *

(2) An individual who meets any of the following:

* * *

(ii) Has been convicted within the previous [20] 15

years of:

(A) a felony or an offense punishable by

imprisonment of seven or more years involving:

(I) an offense under Article B of Part II;

(II) an offense under Article D of Part II;

(III) an offense under Chapter 61; or

(IV) an offense specified in 42 Pa.C.S. §§

9799.14 and 9799.55; or

(B) four or more offenses punishable by

imprisonment of two or more years.

(I) An offense under section 3127 (relating

to indecent exposure).

(II) An offense under section 3129 (relating

to sexual intercourse with animal).

(III) An offense under section 4915.1

(relating to failure to comply with registration

requirements) or 4915.2 (relating to failure to

comply with 42 Pa.C.S. Ch. 97 Subch. I

registration requirements).

(IV) An offense under section 5122 (relating

to weapons or implements for escape).

(V) An offense under section 5510 (relating

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to abuse of corpse).

(VI) An offense under section 5515 (relating

to prohibiting of paramilitary training).

(iii) [Has, within the previous 15 years, been

convicted of:

(A) two or more offenses punishable by more than

two years in prison; or

(B) any of the following:

(I) An offense under section 3127 (relating

to indecent exposure).

(II) An offense under section 3129 (relating

to sexual intercourse with animal).

(III) An offense under section 4915.1

(relating to failure to comply with registration

requirements) or 4915.2 (relating to failure to

comply with 42 Pa.C.S. Ch. 97 Subch. I

registration requirements).

(IV) An offense under section 5122 (relating

to weapons or implements for escape).

(V) An offense under section 5510 (relating

to abuse of corpse).

(VI) An offense under section 5515 (relating

to prohibiting of paramilitary training).] Has,

within the previous 10 years, been convicted of

two or more offenses punishable by more than two

years in prison.

(b.1) Consolidation.--For the purpose of this section, the

conviction of two or more offenses charged in separate counts

that are consolidated under one docket number shall be deemed to

be one conviction.

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* * *

Section 4. Section 9122.2(a)(1) and (3) of Title 18 are

amended and the subsection is amended by adding a paragraph to

read:

§ 9122.2. Clean slate limited access.

(a) General rule.--The following shall be subject to limited

access:

(1) Subject to the exceptions under section 9122.3

(relating to exceptions) or if a court has vacated an order

for limited access under section 9122.4 (relating to order to

vacate order for limited access), criminal history record

information pertaining to a conviction of a misdemeanor of

the second degree, a misdemeanor of the third degree or a

misdemeanor offense punishable by imprisonment of no more

than two years if a person has been free for [10] seven years

from conviction for any offense punishable by imprisonment of

one or more years and if payment of all court-ordered

restitution has occurred. Upon payment of all court-ordered

restitution, the person whose criminal history record

information is subject to limited access under this paragraph

shall also pay the fee previously authorized to carry out the

limited access and clean slate limited access provisions.

(1.1) Subject to the exceptions under section 9122.3 or

if a court has vacated an order for limited access under

section 9122.4, criminal history record information

pertaining to a conviction of a qualifying offense if a

person has been free for 10 years from conviction for any

offense punishable by imprisonment of one or more years and

if payment of all court-ordered restitution has occurred.

Upon payment of all court-ordered restitution, the person

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whose criminal history record information is subject to

limited access under this paragraph shall also pay the fee

previously authorized to carry out the limited access and

clean slate limited access provisions.

* * *

(3) Criminal history record information pertaining to a

conviction for a summary offense when [10] five years have

elapsed since entry of the judgment of conviction and payment

of all court-ordered restitution has occurred. Upon payment

of all court-ordered restitution, the person whose criminal

history record information is subject to limited access under

this paragraph shall also pay the fee previously authorized

to carry out the limited access and clean slate limited

access provisions.

* * *

Section 5. Section 9122.3(a)(2)(i), (b) and (c) of Title 18

are amended and the section is amended by adding a subsection to

read:

§ 9122.3. Exceptions.

(a) Limited access not applicable.--Limited access to

records under section 9122.2(a)(1) (relating to clean slate

limited access) shall not be granted for any of the following:

* * *

(2) An individual who at any time has been convicted of:

(i) A felony, excluding a qualifying offense.

* * *

(a.1) Consolidation.--For the purpose of this section, the

conviction of two or more offenses that are charged in separate

counts and consolidated under one docket number shall be deemed

to be one conviction, except that the docket may not be deemed

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one conviction if it contains more than two felony convictions.

(b) Limited access to same case.--Limited access under this

section shall not apply to an otherwise qualifying conviction if

a conviction for an offense punishable by imprisonment of five

or more years or an offense enumerated in subsection (a) arose

out of the same case. This subsection shall not apply to a

qualifying offense.

filing of a petition for limited access under section 9122.1

(relating to petition for limited access) if limited access is

available under [that] this section. An offense eligible for

clean slate limited access under this section shall also be

eligible for petition for limited access under section 9122.1.

Section 6. Section 9122.5 of Title 18 is amended by adding

subsections to read:

§ 9122.5. Effects of expunged records and records subject to

limited access.

* * *

(a.1) Use of information.--Except if required by Federal

law, criminal history record information that has been expunged

or provided limited access may not be used by any individual or

noncriminal justice agency for employment, housing or school

matriculation purposes.

* * *

(c.1) Use for eligibility for public office.--

Notwithstanding any other provision of this chapter, a record

subject to limited access under section 9122.1 or 9122.2 shall

remain a part of the individual's criminal history record

information and shall be self-disclosed for any relevant purpose

required by section 7 of Article II of the Constitution of

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Pennsylvania.

* * *

Section 7. This act shall take effect in 60 days.

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