PRINTER'S NO. 2690
No. 2040 Session of 2003
INTRODUCED BY HERMAN, ALLEN, BAKER, BARRAR, CAPPELLI, CAUSER,
CORRIGAN, COY, CRAHALLA, CREIGHTON, CURRY, DeLUCA, DENLINGER,
DeWEESE, EGOLF, FABRIZIO, FEESE, FLEAGLE, FORCIER, FREEMAN,
GINGRICH, GODSHALL, GOODMAN, GRUCELA, HARRIS, HORSEY,
HUTCHINSON, KIRKLAND, LAUGHLIN, MAJOR, MANN, McILHATTAN,
MELIO, R. MILLER, O'NEILL, PETRARCA, READSHAW, REICHLEY,
RUBLEY, SAINATO, SAYLOR, SCAVELLO, SEMMEL, SOLOBAY, TIGUE,
WASHINGTON, WILT, YOUNGBLOOD AND YUDICHAK, SEPTEMBER 30, 2003
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 30, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for general
3 regulations relating to criminal history record information.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9121(b) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 9121. General regulations.
9 * * *
10 (b) Dissemination to noncriminal justice agencies and
11 individuals.--Criminal history record information shall be
12 disseminated by a State or local police department to any
13 individual or noncriminal justice agency only upon request.
14 Except as provided in subsection (b.1):
15 (1) A fee may be charged by a State or local police
1 department for each request for criminal history record
2 information by an individual or noncriminal justice agency,
3 except that no fee shall be charged to an individual who
4 makes the request in order to apply to become a volunteer
5 with an affiliate of:
6 (i) Big Brothers of America or Big Sisters of
7 America [or with a].
8 (ii) A rape crisis center or domestic violence
9 program.
10 (iii) Special Olympics.
11 (2) Before a State or local police department
12 disseminates criminal history record information to an
13 individual or noncriminal justice agency, it shall extract
14 from the record all notations of arrests, indictments or
15 other information relating to the initiation of criminal
16 proceedings where:
17 (i) three years have elapsed from the date of
18 arrest;
19 (ii) no conviction has occurred; and
20 (iii) no proceedings are pending seeking a
21 conviction.
22 * * *
23 Section 2. This act shall take effect immediately.
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