PRIOR PRINTER'S NO. 2839 PRINTER'S NO. 4449
No. 2127 Session of 2001
INTRODUCED BY BENNINGHOFF, BARD, BARRAR, BEBKO-JONES, BELFANTI,
BROWNE, BUNT, CAPPELLI, CAWLEY, CLARK, L. I. COHEN, COLEMAN,
CREIGHTON, CRUZ, DALLY, DERMODY, DeWEESE, DIVEN, J. EVANS,
FAIRCHILD, FEESE, FICHTER, GEIST, GEORGE, GRUCELA, HALUSKA,
HARHAI, HARHART, HERMAN, HERSHEY, HESS, HORSEY, HUTCHINSON,
JAMES, JOSEPHS, KAISER, KIRKLAND, LEVDANSKY, LEWIS,
MACKERETH, MARKOSEK, McCALL, MELIO, METCALFE, R. MILLER,
MUNDY, NAILOR, PALLONE, PETRARCA, PICKETT, ROBERTS, SAINATO,
SAMUELSON, SATHER, SAYLOR, SCHRODER, SCHULER, SCRIMENTI,
SEMMEL, SHANER, B. SMITH, SOLOBAY, STABACK, STEELMAN, SURRA,
E. Z. TAYLOR, J. TAYLOR, THOMAS, TIGUE, WANSACZ, WATSON,
WOJNAROSKI, YOUNGBLOOD, YUDICHAK, G. WRIGHT, HENNESSEY,
HARPER AND VANCE, NOVEMBER 13, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 8, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for dissemination of <--
3 criminal history record information DEFINITIONS AND <--
4 REGULATIONS.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 9121(b) of Title 18 of the Pennsylvania <--
8 Consolidated Statutes is amended to read:
9 SECTION 1. SECTION 9102 OF TITLE 18 OF THE PENNSYLVANIA <--
10 CONSOLIDATED STATUTES IS AMENDED BY ADDING DEFINITIONS TO READ:
11 § 9102. DEFINITIONS.
12 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
13 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
1 CONTEXT CLEARLY INDICATES OTHERWISE:
2 * * *
3 "VOLUNTEER EMERGENCY WORKER." ANY OF THE FOLLOWING:
4 (1) AN INDIVIDUAL WHO:
5 (I) MEETS THE DEFINITION OF "EMERGENCY MEDICAL
6 TECHNICIAN" IN SECTION 2 OF THE ACT OF JULY 3, 1985
7 (P.L.164, NO.45), KNOWN AS THE EMERGENCY MEDICAL SERVICES
8 ACT; AND
9 (II) SERVES WITHOUT COMPENSATION.
10 (2) AN INDIVIDUAL WHO:
11 (I) DRIVES A VEHICLE STAFFED BY AN INDIVIDUAL
12 REFERRED TO IN PARAGRAPH (1)(I); AND
13 (II) SERVES WITHOUT COMPENSATION.
14 "VOLUNTEER FIREFIGHTER." A MEMBER OF A NONPROFIT CHARTERED
15 CORPORATION, ASSOCIATION OR ORGANIZATION WHICH IS:
16 (1) LOCATED IN THIS COMMONWEALTH; AND
17 (2) PROVIDES FIRE PROTECTION SERVICES IN THIS
18 COMMONWEALTH.
19 SECTION 2. SECTION 9121(B) OF TITLE 18 IS AMENDED TO READ:
20 § 9121. General regulations.
21 * * *
22 (b) Dissemination to noncriminal justice agencies and
23 individuals.--Criminal history record information shall be
24 disseminated by a State or local police department to any
25 individual or noncriminal justice agency only upon request.
26 Except as provided in subsection (b.1):
27 (1) A fee may be charged by a State or local police
28 department for each request for criminal history record
29 information by an individual or noncriminal justice agency,
30 except that no fee shall be charged to [an individual who <--
20010H2127B4449 - 2 -
1 makes the request in order to apply to become a volunteer
2 with an affiliate of Big Brothers of America or Big Sisters
3 of America or a volunteer fire department or ambulance <--
4 service. OF AMERICA.] ANY OF THE FOLLOWING: <--
5 (I) A VOLUNTEER EMERGENCY WORKER.
6 (II) A VOLUNTEER FIREFIGHTER.
7 (III) AN INDIVIDUAL WHO MAKES THE REQUEST TO
8 VOLUNTEER TO WORK WITH CHILDREN IN THE SETTING OF A BONA
9 FIDE RELIGION.
10 (IV) AN INDIVIDUAL WHO MAKES THE REQUEST TO
11 VOLUNTEER WITH AN AFFILIATE OF ANY GROUP WHICH PRIMARILY
12 WORKS WITH CHILDREN. THIS SUBPARAGRAPH INCLUDES ALL OF
13 THE FOLLOWING:
14 (A) THE BIG BROTHERS OF AMERICA.
15 (B) THE BIG SISTERS OF AMERICA.
16 (C) THE BOY SCOUTS OF AMERICA.
17 (D) A RELIGIOUS-RELATED GROUP OR ORGANIZATION.
18 (E) THE YMCA.
19 (F) THE YWCA.
20 (G) A 4-H CLUB.
21 (H) A BLOCK PARENT PROGRAM, INCLUDING THE
22 MCGRUFF HOUSE PROGRAM.
23 (V) AN INDIVIDUAL WHO MAKES THE REQUEST TO
24 PARTICIPATE AS A VOLUNTEER IN THE SPECIAL OLYMPICS
25 PROGRAM.
26 (2) Before a State or local police department
27 disseminates criminal history record information to an
28 individual or noncriminal justice agency, it shall extract
29 from the record all notations of arrests, indictments or
30 other information relating to the initiation of criminal
20010H2127B4449 - 3 -
1 proceedings where:
2 (i) three years have elapsed from the date of
3 arrest;
4 (ii) no conviction has occurred; and
5 (iii) no proceedings are pending seeking a
6 conviction.
7 * * *
8 Section 2 3. This act shall take effect in 60 days. <--
I21L18JLW/20010H2127B4449 - 4 -