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        PRIOR PRINTER'S NO. 358                       PRINTER'S NO. 2186

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 341 Session of 2001


        INTRODUCED BY BIRMELIN, ARMSTRONG, M. BAKER, BASTIAN, BELFANTI,
           BENNINGHOFF, CALTAGIRONE, CAWLEY, CIVERA, CLARK, L. I. COHEN,
           M. COHEN, DALEY, DALLY, EACHUS, EGOLF, FLICK, FRANKEL, GEIST,
           HENNESSEY, HERMAN, HERSHEY, HESS, HUTCHINSON, LEDERER, LEH,
           LYNCH, METCALFE, R. MILLER, S. MILLER, MUNDY, PETRARCA,
           READSHAW, ROHRER, RUBLEY, SATHER, SAYLOR, SCHRODER, SCHULER,
           SEMMEL, SHANER, SOLOBAY, STABACK, STEELMAN, STERN,
           E. Z. TAYLOR, THOMAS, TIGUE, WATSON, WILT, WOGAN, WOJNAROSKI,
           YOUNGBLOOD, BISHOP, ZUG, WASHINGTON, HARPER AND LEWIS,
           JANUARY 31, 2001

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 12, 2001

                                     AN ACT

     1  Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
     2     Relations) of the Pennsylvania Consolidated Statutes, further
     3     providing for general regulations relating to criminal
     4     history record information and for information relating to
     5     prospective child-care personnel.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 9121(b) of Title 18 of the Pennsylvania
     9  Consolidated Statutes is amended to read:
    10  § 9121.  General regulations.
    11     * * *
    12     (b)  Dissemination to noncriminal justice agencies and
    13  individuals.--Criminal history record information shall be
    14  disseminated by a State or local police department to any
    15  individual or noncriminal justice agency only upon request.

     1  Except as provided in subsection (b.1):
     2         (1)  A fee may be charged by a State or local police
     3     department for each request for criminal history record
     4     information by an individual or noncriminal justice agency,
     5     except that no fee shall be charged to an individual who
     6     makes the request in order to [apply to become a volunteer
     7     with an affiliate of Big Brothers of America or Big Sisters
     8     of America.] volunteer with an affiliate of any group which
     9     primarily works with children, including, but not limited to,
    10     the Boy Scouts of America, Big Sisters of America, Big
    11     Brothers of America, a religious-related group or
    12     organization, YMCA, YWCA or 4-H Club., 4-H CLUB OR A BLOCK     <--
    13     PARENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, THE MCGRUFF
    14     HOUSE PROGRAM.
    15         (2)  Before a State or local police department
    16     disseminates criminal history record information to an
    17     individual or noncriminal justice agency, it shall extract
    18     from the record all notations of arrests, indictments or
    19     other information relating to the initiation of criminal
    20     proceedings where:
    21             (i)  three years have elapsed from the date of
    22         arrest;
    23             (ii)  no conviction has occurred; and
    24             (iii)  no proceedings are pending seeking a
    25         conviction.
    26     * * *
    27     Section 2.  Section 6344(h) of Title 23 is amended to read:
    28  § 6344.  Information relating to prospective child-care
    29             personnel.
    30     * * *
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     1     (h)  Fees.--The department may charge a fee not to exceed $10
     2  in order to conduct the certification as required in subsection
     3  (b)(2), except that no fee shall be charged to an individual who
     4  makes the request in order to [apply to become a volunteer with
     5  an affiliate of Big Brothers of America or Big Sisters of
     6  America.] volunteer with an affiliate of any group which
     7  primarily works with children, including, but not limited to,
     8  the Boy Scouts of America, Big Sisters of America, Big Brothers
     9  of America, a religious-related group or organization, YMCA,
    10  YWCA or 4-H Club.
    11     * * *
    12     Section 3.  This act shall take effect in 60 days.












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