PRINTER'S NO. 3067
No. 2199 Session of 2005
INTRODUCED BY HERMAN, HENNESSEY, CALTAGIRONE, BEBKO-JONES, BUNT,
COHEN, CREIGHTON, DeWEESE, FABRIZIO, GINGRICH, GRUCELA,
HARRIS, KIRKLAND, MARKOSEK, SCAVELLO, B. SMITH, STABACK,
E. Z. TAYLOR, TIGUE AND YOUNGBLOOD, NOVEMBER 4, 2005
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 4, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, making an exception to certain fees
3 relating to criminal records.
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
16 department for each request for criminal history record
17 information by an individual or noncriminal justice agency,
1 except that no fee shall be charged to an individual who
2 makes the request in order to apply to become a volunteer
3 with an affiliate of Big Brothers of America or Big Sisters
4 of America or with a rape crisis center or domestic violence
5 program or to participate as a volunteer in a block parent
6 program, including, but not limited to, the McGruff House
7 Program.
8 (2) Before a State or local police department
9 disseminates criminal history record information to an
10 individual or noncriminal justice agency, it shall extract
11 from the record all notations of arrests, indictments or
12 other information relating to the initiation of criminal
13 proceedings where:
14 (i) three years have elapsed from the date of
15 arrest;
16 (ii) no conviction has occurred; and
17 (iii) no proceedings are pending seeking a
18 conviction.
19 * * *
20 Section 2. This act shall take effect immediately.
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