PRINTER'S NO. 481
No. 461 Session of 1999
INTRODUCED BY ZUG, E. Z. TAYLOR, BROWNE, TRUE, BENNINGHOFF,
CIVERA, CLARK, FARGO, FLICK, HARHAI, KAISER, MAYERNIK, MELIO,
ORIE, PETRARCA, PLATTS, READSHAW, ROEBUCK, ROSS, SEYFERT,
B. SMITH, SOLOBAY, THOMAS, TIGUE, TRELLO AND YOUNGBLOOD,
FEBRUARY 9, 1999
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 9, 1999
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, providing for notice of arrest for
3 school or child-care service employees.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 23 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 6386. Notice of arrest for school or child-care service
9 employees.
10 (a) General rule.--If a person who is an employee of a
11 school or who is an employee of a child-care service is arrested
12 or charged with a prohibited offense and the law enforcement
13 officer making the arrest or charge has knowledge or
14 subsequently discovers that the person is an employee of a
15 school or a child-care service, the law enforcement officer or
16 an individual designated by the law enforcement agency shall
17 provide the following information to the administrators of the
1 school or child-care service or their designees:
2 (1) the name and address of the person;
3 (2) the criminal act that the person is alleged to have
4 committed;
5 (3) a brief description of the act; and
6 (4) the disposition of the case.
7 (b) Additional information.--The law enforcement officer or
8 designee may share any additional information regarding the
9 person with the administrators of the school or child-care
10 service or their designees as deemed necessary to protect public
11 safety.
12 (c) Use of information.--
13 (1) Information provided under this section may be used
14 for the limited purposes of:
15 (i) ensuring the safety of school or child-care
16 service personnel and children from harm; and
17 (ii) disciplinary measures, including, but not
18 limited to, suspension of the person until the charges
19 against the person are resolved.
20 (2) This subsection shall not preclude subsequent
21 dismissal of the person if the person is found guilty of the
22 prohibited offense or enters a plea of guilty or no contest.
23 (d) Definitions.--The following words and phrases when used
24 in this section shall have the meanings given to them in this
25 subsection:
26 "Employee of a school." An employee of a public or private
27 school, intermediate unit or area vocational-technical school,
28 including an independent contractor and any of his employees,
29 except any employee or independent contractor and any of his
30 employees who have no direct contact with children.
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1 "Prohibited offense." Any offense enumerated in section
2 111(e) of the act of March 10, 1949 (P.L.30, No.14), known as
3 the Public School Code of 1949, or section 6344(c) (relating to
4 information relating to prospective child-care personnel).
5 Section 2. This act shall take effect in 60 days.
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