THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ORIE, RAFFERTY, FARNESE, PILEGGI, ALLOWAY, PICCOLA, FOLMER, ERICKSON, EARLL, EICHELBERGER, WAUGH, M. WHITE, TARTAGLIONE AND BOSCOLA, APRIL 23, 2009

REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, APRIL 23, 2009  

AN ACT

Amending Title 4 (Amusements) of the Pennsylvania Consolidated

Statutes, in general provisions relating to gaming, further

providing for definitions; and, in Pennsylvania Gaming

Control Board, further providing for licenses or permit

prohibition.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "conviction" in section 1103 of

Title 4 of the Pennsylvania Consolidated Statutes is amended to

read:

§ 1103.  Definitions.

The following words and phrases when used in this part shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Conviction."  A finding of guilt or a plea of guilty or nolo

contendere, whether or not a judgment of sentence has been

imposed as determined by the law of the jurisdiction in which

the prosecution was held. [The term does not include a

conviction that has been expunged or overturned or for which an

individual has been pardoned or an order of Accelerated

Rehabilitative Disposition.]

* * *

Section 2.  Section 1213 of Title 4 is amended to read:

§ 1213.  License or permit prohibition and review of criminal

record.

(a)  Prohibition.--

(1)  No applicant for a license or permit under this

part, including principals and key employees, who has been

convicted of a felony or gambling offense in any jurisdiction

shall be issued a license or permit unless 15 years has

elapsed from the date of expiration of the sentence for the

offense.

(2)  For purposes of this subsection, a conviction shall

not include a conviction that has been expunged or overturned

or for which an individual has been pardoned or an order of

Accelerated Rehabilitative Disposition.

(b)  Review of criminal records.--When determining whether to

issue a license or permit to an applicant who has been convicted

in any jurisdiction of a felony or gambling offense, the board

shall consider the following factors:

(1)  The nature and duties of the applicant's position

with the licensed entity.

(2)  The nature and seriousness of the offense or

conduct.

(3)  The circumstances under which the offense or conduct

occurred.

(4)  The age of the applicant when the offense or conduct

was committed.

(5)  Whether the offense or conduct was an isolated or a

repeated incident.

(6)  Any evidence of rehabilitation, including good

conduct in the community, counseling or psychiatric treatment

received and the recommendation of persons who have

substantial contact with the applicant.

(c)  Applicability of other law.--The restrictions found in

18 Pa.C.S. § 9124(b) (relating to use of records by licensing

agencies) shall not apply to this section.

Section 3.  This act shall take effect in 60 days.