H0689B1360A01990 NES:JMT 09/15/23 #90 A01990
AMENDMENTS TO HOUSE BILL NO. 689
Sponsor: SENATOR BAKER
Printer's No. 1360
Amend Bill, page 1, line 4, by inserting after "regulations,"
for expungment,
Amend Bill, page 2, line 8, by striking out "9121(b.2)(2)"
and inserting
9121(b)(1) and (2) and (b.2)(2)
Amend Bill, page 2, line 8, by striking out "is" and
inserting
are
Amend Bill, page 2, by inserting between lines 11 and 12
(b) Dissemination to noncriminal justice agencies and
individuals.--Criminal history record information shall be
disseminated by [a State or local police department] the
Pennsylvania State Police to any individual or noncriminal
justice agency only upon request. Other criminal justice
agencies may disseminate criminal history record information to
any individual or noncriminal justice agency only as they deem
necessary to carry out their law enforcement functions as
otherwise allowed by this chapter. The following apply:
(1) A fee may be charged by [a State or local police
department] the Pennsylvania State Police for each request
for criminal history record information by an individual or
noncriminal justice agency, except that no fee shall be
charged to an individual who makes the request in order to
apply to become a volunteer with an affiliate of Big Brothers
of America or Big Sisters of America or with a rape crisis
center or domestic violence program.
(2) Except as provided for in subsections (b.1) and
(b.2), before [a State or local police department] the
Pennsylvania State Police disseminates criminal history
record information to an individual or noncriminal justice
agency, it shall extract from the record the following:
(i) All notations of arrests, indictments or other
information relating to the initiation of criminal
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proceedings where:
(A) three years have elapsed from the date of
arrest;
(B) no disposition is indicated in the record;
and
(C) nothing in the record indicates that
proceedings seeking conviction remain pending.
(ii) All information relating to a conviction and
the arrest, indictment or other information leading
thereto, which is the subject of a court order for
limited access as provided in section 9122.1 (relating to
petition for limited access).
(iii) All information relating to a conviction or
nonconviction final disposition and the arrest,
indictment or other information leading to the arrest or
indictment which is subject to a court order for limited
access as provided for in section 9122.2 (relating to
clean slate limited access).
* * *
Amend Bill, page 3, lines 4 through 6, by striking out all of
said lines and inserting
Section 3. Sections 9122(a) and 9122.1(a) and (b)(1)(i) and
(2)(ii) and (iii) of Title 18 are amended and the sections are
amended by adding subsections to read:
ยง 9122. Expungement.
(a) Specific proceedings.--Criminal history record
information in a specific criminal proceeding shall be expunged
[in a specific criminal proceeding] when:
(1) no disposition has been received or, upon request
for criminal history record information, no disposition has
been recorded in the repository within 18 months after the
date of arrest and the court of proper jurisdiction certifies
to the director of the repository that no disposition is
available and no action is pending. Expungement shall not
occur until the certification from the court is received and
the director of the repository authorizes such expungement;
(2) a court order requires that such nonconviction data
be expunged;
(2.1) a person has been granted an unconditional pardon
for an offense in accordance with law;
(3) a person 21 years of age or older who has been
convicted of a violation of section 6308 (relating to
purchase, consumption, possession or transportation of liquor
or malt or brewed beverages), which occurred on or after the
day the person attained 18 years of age, petitions the court
of common pleas in the county where the conviction occurred
seeking expungement and the person has satisfied all terms
and conditions of the sentence imposed for the violation,
including any suspension of operating privileges imposed
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pursuant to section 6310.4 (relating to restriction of
operating privileges). Upon review of the petition, the court
shall order the expungement of all criminal history record
information and all administrative records of the Department
of Transportation relating to said conviction; or
(4) a judicial determination has been made that a person
is acquitted of an offense, if the person has been acquitted
of all charges based on the same conduct or arising from the
same criminal episode following a trial and a verdict of not
guilty. This paragraph shall not apply to a partial
acquittal. A judicial determination under this paragraph may
only be made after the following:
(i) The court provides notice in writing to the
person and to the Commonwealth that the person's criminal
history record information will be automatically expunged
pursuant to this section.
(ii) Upon receipt of the notice under subparagraph
(i), the Commonwealth shall have 60 days to object to the
automatic expungement on the basis that the person has
not been acquitted of all charges relating to the same
conduct, arising from the same criminal episode or
otherwise relating to a partial acquittal.
(iii) Upon the filing of an objection, the court
shall conduct a hearing to determine whether expungement
of the acquittal relates to the same conduct, arises from
the same criminal episode or otherwise relates to a
partial acquittal. The hearing may be waived by agreement
of both parties and the court.
(iv) Following the hearing, or if no objection has
been filed or the hearing has been waived, the court
shall order that the person's criminal history record
information be automatically expunged unless the court
determines the expungement relates to the same conduct,
arises from the same criminal episode or otherwise
relates to a partial acquittal. Expungement shall occur
no later than 12 months from the date of acquittal.
(a.1) Automatic expungement pursuant to pardon.--
(1) On a quarterly basis, the Board of Pardons shall
transmit a notice of the record of any conviction eligible
for expungement under subsection (a)(2.1) to the
Administrative Office of Pennsylvania Courts.
(2) On a quarterly basis, upon receipt of the notice
under paragraph (1), the Administrative Office of
Pennsylvania Courts shall transmit the record of any
conviction eligible for expungement under subsection (a)(2.1)
to the court of common pleas in the jurisdiction where the
conviction occurred.
(3) Upon receipt of the notice under paragraph (2) and
confirmation that the criteria under subsection (a)(2.1) has
been met, the court shall order that the person's criminal
history record information be expunged and forward notice to
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the central repository in accordance with subsection (d). The
Board of Pardons shall provide pardon information to the
Administrative Office of Pennsylvania Courts in a format
specified by the Administrative Office of Pennsylvania Courts
as necessary for proper identification of the case for which
a pardon has been granted.
* * *
Amend Bill, page 7, line 7, by striking out "9122.2(a)(1) and
(3)" and inserting
9122.2(a)(1), (3) and (4)
Amend Bill, page 8, line 20, by striking out all of said line
and inserting
(4) Criminal history record information pertaining to a
conviction for which a conditional pardon was granted.
* * *
Amend Bill, page 10, line 30; page 11, lines 1 and 2; by
striking out "9122.2(A)" in line 30 on page 10 and all of lines
1 and 2 on page 11 and inserting
9122(a) and (a.1), 9122.2(a)(1), (1.1) and (3) and
9122.3(a)(2)(i), (a.1), (b) and (c) shall take effect in 180
days.
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