H0264B2386A02534     BIL:JSL  07/07/09     #90        A02534

AMENDMENTS TO HOUSE BILL NO. 264

Sponsor: REPRESENTATIVE VULAKOVICH

Printer's No. 2386

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Amend Bill, page 1, line 4, by striking out "and" and

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inserting

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; providing

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Amend Bill, page 1, line 4, by inserting after "fee"

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; and further providing for juvenile records

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Amend Bill, page 1, line 7, by striking out "9122(b)" and

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inserting

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9122(a)(3), (b)

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Amend Bill, page 1, line 11, by striking out all of said line

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and inserting

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(a)  Specific proceedings.--Criminal history record

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information shall be expunged in a specific criminal proceeding

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when:

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* * *

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(3)  a person 21 years of age or older who has been

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convicted of a violation of section 6308 (relating to

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purchase, consumption, possession or transportation of liquor

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or malt or brewed beverages) which occurred on or after the

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day the person attained 18 years of age petitions the court

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of common pleas in the county where the conviction occurred

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seeking expungement and the person has satisfied all terms

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and conditions of the sentence imposed for the violation,

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including any suspension of operating privileges imposed

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pursuant to section 6310.4 (relating to restriction of

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operating privileges). Upon review of the petition, the court

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shall order the expungement of all criminal history record

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information and all administrative records of the Department

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of Transportation relating to said conviction.

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Amend Bill, page 4, by inserting between lines 22 and 23

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Section 3.  Section 9123(a) of Title 18 is amended to read:

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§ 9123.  Juvenile records.

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(a)  Expungement of juvenile records.--Notwithstanding the

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provisions of section 9105 (relating to other criminal justice

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information) and except upon cause shown, expungement of records

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of juvenile delinquency cases and cases involving summary

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offenses committed while the individual was under 18 years of

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age, wherever kept or retained, shall occur after 30 days'

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notice to the district attorney, whenever the court upon its

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motion or upon the motion of a child or the parents or guardian

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finds:

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(1)  a complaint is filed which is not substantiated or

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the petition which is filed as a result of a complaint is

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dismissed by the court;

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(2)  six months have elapsed since the final discharge of

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the person from supervision under a consent decree and no

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proceeding seeking adjudication or conviction is pending;

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(2.1)  the individual is 18 years of age or older and has

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been convicted of a violation of section 6308 (relating to

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purchase, consumption, possession or transportation of liquor

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or malt or brewed beverages) which occurred while the

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individual was under 18 years of age and the individual has

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satisfied all terms and conditions of the sentence imposed

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for the violation, including any suspension of operating

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privileges imposed pursuant to section 6310.4 (relating to

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restriction of operating privileges). Expungement shall

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include all criminal history record information and all

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administrative records of the Department of Transportation

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relating to the conviction;

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(2.2)  the individual is 18 years of age or older and the

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individual has satisfied all terms and conditions of the

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sentence imposed following a conviction for a summary

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offense, with the exception of a violation of section 6308,

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committed while the individual was under 18 years of age and

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the individual has not been convicted of a felony,

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misdemeanor or adjudicated delinquent and no proceeding is

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pending seeking such conviction or adjudication;

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(3)  five years have elapsed since the final discharge of

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the person from commitment, placement, probation or any other

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disposition and referral and since such final discharge, the

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person has not been convicted of a felony, misdemeanor or

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adjudicated delinquent and no proceeding is pending seeking

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such conviction or adjudication; or

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(4)  the individual is [18] 17 years of age or older, the

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attorney for the Commonwealth consents to the expungement and

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a court orders the expungement after giving consideration to

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the following factors:

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(i)  the type of offense;

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(ii)  the individual's age, history of employment,

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criminal activity and drug or alcohol problems;

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(iii)  adverse consequences that the individual may

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suffer if the records are not expunged; and

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(iv)  whether retention of the record is required for

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purposes of protection of the public safety.

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* * *

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Amend Bill, page 4, line 23, by striking out "3" and

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inserting

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