Regular Session 2023-2024 House Bill 0533 P.N. 0504

PRINTER'S NO. 504

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

533

Session of

2023

INTRODUCED BY McNEILL, BURGOS, MADDEN, HILL-EVANS, PROBST,

KENYATTA, CONKLIN, SCHLOSSBERG, DELLOSO, CEPEDA-FREYTIZ AND

KHAN, MARCH 17, 2023

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 17, 2023

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 candidates, providing for

background checks for candidates for school district office.

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. Background Checks for Candidates for School

District Office.--(a) At the time of filing a candidate's

nomination petition and a candidate's affidavit, each candidate

for any school district office shall file the following with the

Department of State:

(1) Pursuant to 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 criminal history information relating to

that candidate. 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 Human Services as

to whether the candidate 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 candidate 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 candidate and

obtaining a current record of any criminal arrests and

convictions.

(b) A candidate for any school district office shall be

deemed ineligible for office if:

(1) The Department of Human Services verifies that the

candidate is named in the Statewide database as the perpetrator

of a founded report committed within the five-year period

immediately preceding verification pursuant to this section.

(2) The candidate's criminal history record information

indicates that the candidate has been convicted of any of the

following offenses or an equivalent crime under Federal law or

20230HB0533PN0504 - 2 -

the law of another state:

(i) 18 Pa.C.S. Ch. 25 (relating to criminal homicide).

(ii) 18 Pa.C.S. § 2702 (relating to aggravated assault).

(iii) 18 Pa.C.S. § 2709.1 (relating to stalking).

(iv) 18 Pa.C.S. § 2718 (relating to strangulation).

(v) 18 Pa.C.S. § 2901 (relating to kidnapping).

(vi) 18 Pa.C.S. § 2902 (relating to unlawful restraint).

(vii) 18 Pa.C.S. § 3121 (relating to rape).

(viii) 18 Pa.C.S. § 3122.1 (relating to statutory sexual

assault).

(ix) 18 Pa.C.S. § 3123 (relating to involuntary deviate

sexual intercourse).

(x) 18 Pa.C.S. § 3124.1 (relating to sexual assault).

(xi) 18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

(xii) 18 Pa.C.S. § 3126 (relating to indecent assault).

(xiii) 18 Pa.C.S. § 3127 (relating to indecent exposure).

(xiv) 18 Pa.C.S. § 3301 (relating to arson and related

offenses).

(xv) 18 Pa.C.S. § 4302 (relating to incest).

(xvi) 18 Pa.C.S. § 4303 (relating to concealing death of

child).

(xvii) 18 Pa.C.S. § 4304 (relating to endangering welfare of

children).

(xviii) 18 Pa.C.S. § 4305 (relating to dealing in infant

children).

(xix) A felony offense under 18 Pa.C.S. § 5902(b) (relating

to prostitution and related offenses).

(xx) 18 Pa.C.S. § 5903(c) or (d) (relating to obscene and

other sexual materials and performances).

20230HB0533PN0504 - 3 -

(xxi) 18 Pa.C.S. § 6301 (relating to corruption of minors).

(xxii) 18 Pa.C.S. § 6312 (relating to sexual abuse of

children).

(xxiii) The attempt, solicitation or conspiracy to commit an

offense under this paragraph.

(3) The candidate's criminal history record information

indicates that 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 that 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.

ineligible for office under this section shall not appear on a

ballot for school district office in any election.

(d) The Department of State shall promulgate rules and

regulations necessary to carry out this section.

Section 2. The addition of section 910.1 of the act shall

apply to elections held 180 days after the effective date of

this section.

Section 3. This act shall take effect immediately.

20230HB0533PN0504 - 4 -