PRINTER'S NO.  283

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

264

Session of

2009

  

  

INTRODUCED BY SOLOBAY, BROWN, CALTAGIRONE, CARROLL, COHEN, CREIGHTON, DERMODY, GEORGE, GIBBONS, GOODMAN, HALUSKA, KILLION, KORTZ, KOTIK, KULA, MAHONEY, MELIO, MUNDY, M. O'BRIEN, SIPTROTH, THOMAS, WALKO, WANSACZ AND WHITE, FEBRUARY 5, 2009

  

  

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 2009  

  

  

  

AN ACT

  

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Amending Title 18 (Crimes and Offenses) of the Pennsylvania

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Consolidated Statutes, further providing for expungement of

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criminal history record.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 9122(b) of Title 18 of the Pennsylvania

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Consolidated Statutes, amended November 26, 2008 (P.L.1670, No.

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134), is amended to read:

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§ 9122.  Expungement. 

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* * * 

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(b)  Generally.--Criminal history record information may be

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expunged when:

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(1)  An individual who is the subject of the information

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reaches 70 years of age and has been free of arrest or

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prosecution for ten years following final release from

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confinement or supervision.

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(2)   Any individual who is the subject of the

 


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information has been dead for three years.

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(3)  (i)  An individual who is the subject of the

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information, petitions the court for the expungement of a

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summary offense and has been free of arrest or

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prosecution for five years following the conviction for

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that offense.

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(ii)  Expungement under this paragraph shall only be

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permitted for a conviction of a summary offense.

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(4)  (i)  An individual who is the subject of the

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information petitions for expungement of the information

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and the individual has been free of arrest or prosecution

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following final release from confinement or supervision

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for the greater of the following time periods:

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(A)  In the case of a misdemeanor of the third

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degree, seven years.

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(B)  In the case of a misdemeanor of the second

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degree, ten years.

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(ii)  This paragraph shall not apply to any

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individual who has been convicted of:

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(A)  An offense punishable by imprisonment of

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more than two years.

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(B)  Four or more offenses punishable by

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imprisonment of one or more years.

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(C)  A violation of section 2701 (relating to

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simple assault).

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(D)  An offense classified as a misdemeanor of

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the second degree committed when the individual was

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at least 25 years of age.

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(E)  A violation of section 3126 (relating to

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indecent assault).

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(F)  A violation of section 3129 (relating to

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sexual intercourse with animal).

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(G)  A violation of section 5511 (relating to

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cruelty to animals).

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(H)  A violation of any provision of Chapter 61

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(relating to firearms and other dangerous articles).

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* * *

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Section 2.  This act shall take effect in 60 days.

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