Pennsylvania Act 1996-76 — CRIMES CODE (18 PA.C.S) - AMEND REGULATIONS ON CRIMINAL HISTORY RECORD

Act text

CRIMES CODE (18 PA.C.S) - AMEND REGULATIONS ON CRIMINAL HISTORY RECORD
                  Act of Jul. 2, 1996, P.L. 480, No. 76               Cl. 18
                             Session of 1996
                               No. 1996-76

     SB 1323

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for regulations on
        dissemination of criminal history record information.

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

        Section 1.  Section 9121(b) of Title 18 of the Pennsylvania
     Consolidated Statutes is amended and the section is amended by
     adding a subsection to read:
      § 9121.  General regulations.
        * * *
        (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.
            (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).
        * * *
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 2nd day of July, A. D. 1996.

     THOMAS J. RIDGE