PRINTER'S NO. 1366

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 1160 Session of 2005

        INTRODUCED BY SOLOBAY, BIANCUCCI, BLACKWELL, BOYD, CALTAGIRONE,
           CAPPELLI, CREIGHTON, DENLINGER, J. EVANS, GEORGE, GODSHALL,
           HARRIS, HENNESSEY, HERSHEY, JAMES, JOSEPHS, KIRKLAND, KOTIK,
           LEACH, McCALL, PISTELLA, READSHAW, REICHLEY, SATHER, SHANER,
           E. Z. TAYLOR AND TIGUE, MARCH 29, 2005

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 29, 2005

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for expungement of
     3     criminal history record information.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9122(b) of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 9122.  Expungement.
     9     * * *
    10     (b)  Generally.--Criminal history record information may be
    11  expunged when:
    12         (1)  an individual who is the subject of the information
    13     reaches 70 years of age and has been free of arrest or
    14     prosecution for ten years following final release from
    15     confinement or supervision; [or]
    16         (2)  an individual who is the subject of the information
    17     has been dead for three years[.]; or

     1         (3)  (i)  an individual who is the subject of the
     2         information applies for expungement of the information at
     3         least five years from the date of the completion of his
     4         sentence in the case of a summary offense, ten years from
     5         the date of the completion of his sentence in the case of
     6         a misdemeanor and, in any case, the individual has not
     7         been convicted of a misdemeanor during the period between
     8         the completion of his sentence and the application for
     9         expungement.
    10             (ii)  This paragraph shall apply only to first time
    11         offenders and shall not apply to any offenders convicted
    12         of an offense under section 3126 (relating to indecent
    13         assault).
    14             (iii)  As used in this paragraph "first time
    15         offender" means a person who is convicted of a
    16         misdemeanor offense and, prior to that conviction, was
    17         not previously convicted of a misdemeanor or felony
    18         offense.
    19     * * *
    20     Section 2.  This act shall take effect in 60 days.







    B25L18DMS/20050H1160B1366        - 2 -