PRINTER'S NO. 1691
No. 1313 Session of 2000
INTRODUCED BY HOLL, COSTA, TOMLINSON, MUSTO, WHITE, WAUGH,
O'PAKE, DENT, GERLACH, CORMAN, BELL, KASUNIC, TILGHMAN,
MOWERY, HART, LEMMOND AND BOSCOLA, FEBRUARY 29, 2000
REFERRED TO JUDICIARY, FEBRUARY 29, 2000
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for general
3 regulations relating to dissemination of criminal history
4 record information.
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 § 9121. General regulations.
10 * * *
11 (b) Dissemination to noncriminal justice agencies and
12 individuals.--Criminal history record information shall be
13 disseminated by a State or local police department to any
14 individual or noncriminal justice agency only upon request.
15 Except as provided in subsection (b.1):
16 (1) A fee may be charged by a State or local police
17 department for each request for criminal history record
18 information by an individual or noncriminal justice agency,
1 except that no fee shall be charged to:
2 (i) an individual who makes the request in order to
3 apply to become a volunteer with an affiliate of Big
4 Brothers of America or Big Sisters of America[.]; or
5 (ii) a volunteer fire company that makes the request
6 for criminal history record information on a prospective
7 member.
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 in 60 days.
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