Bill Text: PA SB515 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for fees for background checks.

Spectrum: Slight Partisan Bill (Democrat 8-5)

Status: (Introduced - Dead) 2013-02-20 - Referred to JUDICIARY [SB515 Detail]

Download: Pennsylvania-2013-SB515-Introduced.html

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PRINTER'S NO. 482

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

SENATE BILL

No.

515

Session of 2013

 

 

 

INTRODUCED BY KASUNIC, FONTANA, EICHELBERGER, ERICKSON, RAFFERTY, WASHINGTON, BREWSTER, WAUGH, SOLOBAY, COSTA, TARTAGLIONE AND FARNESE, FEBRUARY 20, 2013

 

 

REFERRED TO JUDICIARY, FEBRUARY 20, 2013

 

 

 

AN ACT

 

Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for fees for
background checks.

The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:

Section 1. Section 9121 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:

§ 9121. General regulations.

(a) Dissemination to criminal justice agencies.--Criminal
history record information maintained by any criminal justice
agency shall be disseminated without charge to any criminal
justice agency or to any noncriminal justice agency that is
providing a service for which a criminal justice agency is
responsible.

(b) Dissemination to noncriminal justice agencies and
individuals.--Criminal history record information shall be
disseminated by a State or local police department to any
individual or noncriminal justice agency only upon request.

Except as provided in subsection (b.1):

(1) A fee may be charged by a State or local police
department 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 
firefighter as defined in section 2 of the act of June 11, 
1968 (P.L.149, No.84), known as the Volunteer Firefighters' 
Relief Association Act, or 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) Before a State or local police department
disseminates criminal history record information to an
individual or noncriminal justice agency, it shall extract
from the record all notations of arrests, indictments or
other information relating to the initiation of criminal
proceedings where:

(i) three years have elapsed from the date of
arrest;

(ii) no conviction has occurred; and

(iii) no proceedings are pending seeking a
conviction.

(b.1) Exception.--Subsection (b)(1) and (2) shall not apply
if the request is made by a county children and youth agency or
the Department of Public Welfare in the performance of duties
relating to children and youth under the act of June 24, 1937 
(P.L.2017, No.396), known as the County Institution District
Law, section 2168 of the act of August 9, 1955 (P.L.323, 
No.130), known as The County Code, the act of June 13, 1967 
(P.L.31, No.21), known as the Public Welfare Code, 23 Pa.C.S. 

Ch. 63 (relating to child protective services) or 42 Pa.C.S. Ch. 
63 (relating to juvenile matters).

(c) Data required to be kept.--Any criminal justice agency
which disseminates criminal history record information must
indicate to the recipient that the information disseminated is
only that information contained in its own file, the date of the
last entry, and that a summary of the Statewide criminal history
record information may be obtained from the central repository.

(d) Extracting from the record.--When criminal history
record information is maintained by a criminal justice agency in
records containing investigative information, intelligence
information, treatment information or other nonpublic
information, the agency may extract and disseminate only the
criminal history record information if the dissemination is to
be made to a noncriminal justice agency or individual.

(e) Dissemination procedures.--Criminal justice agencies may
establish reasonable procedures for the dissemination of
criminal history record information.

(f) Notations on record.--Repositories must enter as a
permanent part of an individual's criminal history record
information file, a listing of all persons and agencies to whom
they have disseminated that particular criminal history record
information and the date and purpose for which the information
was disseminated. Such listing shall be maintained separate from
the record itself.

Section 2. This act shall take effect immediately.