PRINTER'S NO. 3255
No. 2429 Session of 2000
INTRODUCED BY McCALL, KREBS, CLYMER, COLAFELLA, COY, DeWEESE, FAIRCHILD, FORCIER, GEORGE, GODSHALL, McILHINNEY, MELIO, METCALFE, ROHRER, SANTONI, SATHER, SAYLOR, SEYFERT, SHANER, STERN, SURRA, TANGRETTI, TIGUE, TRELLO, VAN HORNE, WILT, WOJNAROSKI AND CLARK, MARCH 22, 2000
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 22, 2000
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for challenge to 3 criminal history records and for challenge of accuracy of 4 criminal history record information. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Sections 6111.1(e) and 9152(c) of Title 18 of the 8 Pennsylvania Consolidated Statutes are amended to read: 9 § 6111.1. Pennsylvania State Police. 10 * * * 11 (e) Challenge to records.--Any person who is denied the 12 right to receive, sell, transfer, possess, carry, manufacture or 13 purchase a firearm as a result of the procedures established by 14 this section may challenge the accuracy of that person's 15 criminal history, juvenile delinquency history or mental health 16 record pursuant to a denial by the instantaneous records check 17 in accordance with procedures established by the Pennsylvania
1 State Police. Any denial based on a conviction must be supported 2 by a record of the conviction from a court of competent 3 jurisdiction. The decision resulting from a challenge under this 4 subsection may be appealed to the Attorney General within 30 5 days of the decision by the Pennsylvania State Police. The 6 decision of the Attorney General may be appealed to the 7 Commonwealth Court in accordance with court rule. 8 * * * 9 § 9152. Procedure. 10 * * * 11 (c) Challenge of accuracy.--The individual may challenge the 12 accuracy of his or her criminal history record information by 13 specifying which portion of the record is incorrect and what the 14 correct version should be. Any conviction must be supported by a 15 record of the conviction from a court of competent jurisdiction. 16 Failure to challenge any portion of the record in existence at 17 that time will place the burden of proving the inaccuracy of any 18 part subsequently challenged upon the individual. Information 19 subsequently added to such record shall also be subject to 20 review, challenge, correction or appeal. 21 * * * 22 Section 2. This act shall take effect immediately. B2L18MRD/20000H2429B3255 - 2 -