act-2018-0-56•Pennsylvania Act 2018-56 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2018-56 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS
act-2018-0-562018 Pa. Act 56Law
Act text
| CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS | ||
|---|---|---|
| Act of Jun. 28, 2018, P.L. 402, No. 56 | Cl. 18 |
Session of 2018
No. 2018-56
HB 1419
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in criminal history record information, further providing for general regulations and for order for limited access and providing for clean slate limited access, for exceptions, for order to vacate order for limited access, for effects of expunged records and records subject to limited access and for employer immunity from liability; and, in juvenile matters, further providing for inspection of court files and records and for law enforcement records.
The General Assembly finds and declares as follows:
(1) Individuals with charges not leading to convictions may be inherently harmed by the maintenance of that record and have a constitutional presumption of innocence.
(2) Individuals convicted of crimes in this Commonwealth should serve their sentences as ordered by the courts of this Commonwealth.
(3) After less violent individuals convicted of crimes have served their sentences and remained crime free long enough to demonstrate rehabilitation, the individuals' access to employment, housing, education and other necessities of life should be fully restored.
(4) Criminal justice agencies need access to all criminal history record information in order to effectively carry out the agencies' duties to protect the public.
(5) The Commonwealth shall provide a clean slate remedy, as set forth under this act, to:
(i) Create a strong incentive for avoidance of recidivism by offenders.
(ii) Provide hope for the alleviation of the hardships of having a criminal record by offenders who are trying to rehabilitate themselves.
(iii) Save the Commonwealth money that must be spent in the administration of criminal justice when offenders recidivate.
(iv) Ensure appropriate access to criminal history information by criminal justice agencies.
(6) The clean slate remedy should be implemented without cost to the former offender of filing a petition with a court.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Sections 9121(b) introductory paragraph, (2) and (3), (b.1) and (b.2) and 9122.1 heading, (a) and (b) of Title 18 of the Pennsylvania Consolidated Statutes are amended 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):] The following apply:
(2) [Before] Except as provided for in subsections (b.1) and (b.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 the following:
(i) All notations of arrests, indictments or other information relating to the initiation of criminal proceedings where:
(A) three years have elapsed from the date of arrest;
(B) no [conviction has occurred] disposition is indicated in the record ; and
(C) [no proceedings are pending seeking a conviction.] 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 [order] 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).
(3) A court or the Administrative Office of Pennsylvania Courts may not disseminate to an individual, a noncriminal justice agency or an Internet website any information [relating to a conviction, arrest, indictment or other information leading to a conviction, arrest, indictment or other information,] which is the subject of a court order for limited access as provided in section 9122.1 or 9122.2 .
(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] Human Services 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] Human Services Code, 23 Pa.C.S. Ch. 63 (relating to child protective services) or 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
(b.2) Additional exceptions.--
(1) Subsection (b)(2)(ii) and [(3)] (iii) shall not apply if the request is made [by a State agency to be used only as authorized under section 9124 (relating to use of records by licensing agencies).] under a court order:
(i) In a case brought under 23 Pa.C.S. Ch. 53 (relating to child custody) or 61 (relating to protection from abuse).
(ii) By an employer against whom a claim of civil liability has been brought as described under section 9122.6 (relating to employer immunity from liability) for purposes of defending against a claim of civil liability.
(2) Subsection (b)(2) shall not apply:
(i) To the verification of information provided by an applicant if Federal law, including rules and regulations promulgated by a self-regulatory organization that has been created under Federal law, requires the consideration of an applicant's criminal history for purposes of employment.
(ii) To the verification of information provided to the Supreme Court, or an entity of the Supreme Court, in its capacity to govern the practice, procedure and conduct of all courts, the admission to the bar, the practice of law, the administration of all courts and supervision of all officers of the judicial branch.
§ 9122.1. [Order] Petition for limited access.
(a) General rule.--[The following shall apply:
(1) Notwithstanding any other provision of this chapter, upon petition of a person who has been free of arrest or prosecution following conviction or final release from confinement or supervision, whichever is later, for a period of 10 years, the court of common pleas in the jurisdiction where the conviction occurred may enter an order that criminal history record information maintained by any criminal justice agency pertaining to a conviction for a misdemeanor of the second degree, a misdemeanor of the third degree or an ungraded offense which carries a maximum penalty of no more than two years be disseminated only to a criminal justice agency or a government agency as provided in section 9121(b.1) and (b.2) (relating to general regulations).
(2) Except when requested or required by a criminal justice agency, or by and for the official use of a government agency described in section 9121(b.1) or 9124(a) (relating to use of records by licensing agencies), no individual shall be required nor requested to disclose information about the person's criminal history records that are the subject of a court order for limited access granted under this section.] Subject to the exceptions in subsection (b) and notwithstanding any other provision of this chapter, upon petition of a person who has been free from conviction for a period of 10 years for an offense punishable by one or more years in prison and has completed each court-ordered financial obligation of the sentence, the court of common pleas in the jurisdiction where a conviction occurred may enter an order that criminal history record information maintained by a criminal justice agency pertaining to a qualifying misdemeanor or an ungraded offense which carries a maximum penalty of no more than five years be disseminated only to a criminal justice agency or as provided in section 9121(b.1) and (b.2) (relating to general regulations).
(b) Exceptions.--An order for limited access under this section shall not be granted [to an individual who has been convicted at any time of any of the following:
(1) An offense punishable by imprisonment of more than two years.
(2) Four or more offenses punishable by imprisonment of one or more years.
(3) A violation of section 2701 (relating to simple assault), except when the offense is graded as a misdemeanor of the third degree.
(4) A violation of section 3129 (relating to sexual intercourse with animal).
(5) A violation of section 4912 (relating to impersonating a public servant).
(6) A violation of section 4952 (relating to intimidation of witnesses or victims).
(7) A violation of section 4953 (relating to retaliation against witness, victim or party).
(8) A violation of section 4958 (relating to intimidation, retaliation or obstruction in child abuse cases).
(9) An offense which requires registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).] for any of the following:
(1) A conviction for an offense punishable by more than two years in prison which is any of the following or an attempt, conspiracy or solicitation to commit any of the following:
(i) An offense under Article B of Part II (relating to offenses involving danger to the person).
(ii) An offense under Article D of Part II (relating to offenses against the family).
(iii) An offense under Chapter 61 (relating to firearms and other dangerous articles).
(iv) An offense specified in 42 Pa.C.S. §§ 9799.14 (relating to sexual offenses and tier system) and 9799.55 (relating to registration).
(v) An offense under section 6301(a)(1) (relating to corruption of minors).
(2) An individual who meets any of the following:
(i) Has been convicted of murder, a felony of the first degree or an offense punishable by imprisonment of 20 or more years.
(ii) Has been convicted within the previous 20 years of:
(A) a felony or an offense punishable by imprisonment of seven or more years involving:
(I) an offense under Article B of Part II;
(II) an offense under Article D of Part II;
(III) an offense under Chapter 61; or
(IV) an offense specified in 42 Pa.C.S. §§ 9799.14 and 9799.55; or
(B) four or more offenses punishable by imprisonment of two or more years.
(iii) Has, within the previous 15 years, been convicted of:
(A) two or more offenses punishable by more than two years in prison; or
(B) any of the following:
(I) An offense under section 3127 (relating to indecent exposure).
(II) An offense under section 3129 (relating to sexual intercourse with animal).
(III) An offense under section 4915.1 (relating to failure to comply with registration requirements) or 4915.2 (relating to failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration requirements).
(IV) An offense under section 5122 (relating to weapons or implements for escape).
(V) An offense under section 5510 (relating to abuse of corpse).
(VI) An offense under section 5515 (relating to prohibiting of paramilitary training).
Section 2. Title 18 is amended by adding sections to read:
§ 9122.2. Clean slate limited access.
(a) General rule.--The following shall be subject to limited access:
(1) Subject to the exceptions under section 9122.3 (relating to exceptions) or if a court has vacated an order for limited access under section 9122.4 (relating to order to vacate order for limited access), criminal history record information pertaining to a conviction of a misdemeanor of the second degree, a misdemeanor of the third degree or a misdemeanor offense punishable by imprisonment of no more than two years if a person has been free for 10 years from conviction for any offense punishable by imprisonment of one or more years and if completion of each court-ordered financial obligation of the sentence has occurred.
(2) Criminal history record information pertaining to charges which resulted in a final disposition other than a conviction.
(3) Criminal history record information pertaining to a conviction for a summary offense when 10 years have elapsed since entry of the judgment of conviction and completion of all court-ordered financial obligations of the sentence has occurred.
(b) Procedures.--
(1) On a monthly basis, the Administrative Office of Pennsylvania Courts shall transmit to the Pennsylvania State Police central repository the record of any conviction eligible for limited access under subsection (a)(1).
(2) The Administrative Office of Pennsylvania Courts shall transmit to the Pennsylvania State Police repository:
(i) The record of charges subject to limited access under subsection (a)(2) within 30 days after entry of the disposition and payment of each court-ordered obligation.
(ii) The record of any conviction under subsection (a)(3) within 30 days after the record becomes subject to limited access.
(3) If the Pennsylvania State Police central repository determines through a validation process that a record transmitted is not eligible for limited access relief under subsection (a) or does not match data held in the repository, the Pennsylvania State Police shall notify the Administrative Office of Pennsylvania Courts of this determination within 30 days of receiving the information.
(4) Upon the expiration of the 30-day period, the Administrative Office of Pennsylvania Courts shall remove from the list of eligible records any record for which the Administrative Office of Pennsylvania Courts received a notification of ineligibility or nonmatch with repository data.
(5) Each court of common pleas shall issue monthly an order for limited access for any record in its judicial district for which no notification of ineligibility was received by the Administrative Office of Pennsylvania Courts.
(c) Limitation on release of records.--A criminal history record that is the subject of an order for limited access under this section shall be made available to a noncriminal justice agency only as provided for in section 9121(b), (b.1) and (b.2) (relating to general regulations).
§ 9122.3. Exceptions.
(a) Limited access not applicable.--Limited access to records under section 9122.2(a)(1) (relating to clean slate limited access) shall not be granted for any of the following:
(1) A conviction for any of the following or an attempt, conspiracy or solicitation to commit any of the following:
(i) An offense under Article B of Part II (relating to offenses involving danger to the person).
(ii) An offense under Article D of Part II (relating to offenses against the family).
(iii) An offense under Chapter 61 (relating to firearms and other dangerous articles).
(iv) An offense specified under 42 Pa.C.S. §§ 9799.14 (relating to sexual offenses and tier system) and 9799.55 (relating to registration).
(v) An offense under section 5533 (relating to cruelty to animal).
(vi) An offense under section 6301 (relating to corruption of minors).
(2) An individual who at any time has been convicted of:
(i) A felony.
(ii) Two or more offenses punishable by imprisonment of more than two years.
(iii) Four or more offenses punishable by imprisonment of one or more years.
(iv) An offense under the following:
(A) Section 3127 (relating to indecent exposure).
(B) Section 3129 (relating to sexual intercourse with animal).
(C) Section 4915.1 (relating to failure to comply with registration requirements) or 4915.2 (relating to failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration requirements).
(D) Section 5122 (relating to weapons or implements for escape).
(E) Section 5510 (relating to abuse of corpse).
(F) Section 5515 (relating to prohibiting of paramilitary training).
(b) Limited access to same case.--Limited access under this section shall not apply to an otherwise qualifying conviction if a conviction for an offense punishable by imprisonment of five or more years or an offense enumerated in subsection (a) arose out of the same case.
(c) Filing.--Nothing in this section shall preclude the filing of a petition for limited access under section 9122.1 (relating to petition for limited access) if limited access is available under that section.
§ 9122.4. Order to vacate order for limited access.
(a) General rule.--Upon petition of the prosecuting attorney to the court where a conviction occurred, and with notice to the defendant and opportunity to be heard, the court shall vacate an order for limited access granted under section 9122.2 (relating to clean slate limited access) if the court determines that the order was erroneously entered and not in accordance with section 9122.2.
(b) Conviction.--Upon conviction of a misdemeanor or felony offense and motion of the prosecuting attorney, the court shall enter an order vacating any prior order for limited access pertaining to a record of the defendant, except under section 9122.2(a)(2).
(c) Transmission to repository.--An order under subsection (a) or (b) shall be transmitted to the central repository of the Pennsylvania State Police.
§ 9122.5. Effects of expunged records and records subject to limited access.
(a) Disclosure.--
(1) Except if requested or required by a criminal justice agency, or if disclosure to noncriminal justice agencies is authorized or required by section 9121(b.1) and (b.2) (relating to general regulations), an individual may not be required or requested to disclose information about the individual's criminal history record that has been expunged or provided limited access under section 9122.1 (relating to petition for limited access) or 9122.2 (relating to clean slate limited access). An individual required or requested to provide information in violation of this section may respond as if the offense did not occur.
(2) This subsection shall not apply if Federal law, including rules and regulations promulgated by a self-regulatory organization that has been created under Federal law, requires the consideration of an applicant's criminal history for purposes of employment.
(b) Disqualification by law.--An expunged record or a record subject to limited access under section 9122.1 or 9122.2 may not be considered a conviction that would prohibit the employment of a person under any law of this Commonwealth or under Federal laws that prohibit employment based on State convictions to the extent permitted by Federal law.
§ 9122.6. Employer immunity from liability.
An employer who employs or otherwise engages an individual whose criminal history record has been expunged or to which limited access has been applied under section 9122.1 (relating to petition for limited access) or 9122.2 (relating to clean slate limited access) shall be immune from liability for any claim arising out of the misconduct of the individual, if the misconduct relates to the portion of the criminal history record that has been expunged or provided limited access.
Section 3. Sections 6307(b) and 6308(b) of Title 42 are amended to read:
§ 6307. Inspection of court files and records.
(b) Public availability.--
[(1) The contents of court records and files concerning a child shall not be disclosed to the public unless any of the following apply:
(i) The child has been adjudicated delinquent by a court as a result of an act or acts committed:
(A) when the child was 14 years of age or older and the conduct would be considered a felony if committed by an adult; or
(B) when the child was 12 or 13 years of age and the conduct would have constituted one or more of the following offenses if committed by an adult:
(I) Murder.
(II) Voluntary manslaughter.
(III) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault).
(IV) Arson as defined in 18 Pa.C.S. § 3301(a)(1) (relating to arson and related offenses).
(V) Involuntary deviate sexual intercourse.
(VI) Kidnapping.
(VII) Rape.
(VIII) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy to commit any of the offenses in this subparagraph.
(ii) A petition alleging delinquency has been filed alleging that the child has committed an act or acts subject to a hearing pursuant to section 6336(e) (relating to conduct of hearings) and the child previously has been adjudicated delinquent by a court as a result of an act or acts committed:
(A) when the child was 14 years of age or older and the conduct would be considered a felony if committed by an adult; or
(B) when the child was 12 or 13 years of age and the conduct would have constituted one or more of the following offenses if committed by an adult:
(I) Murder.
(II) Voluntary manslaughter.
(III) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2).
(IV) Arson as defined in 18 Pa.C.S. § 3301(a)(1).
(V) Involuntary deviate sexual intercourse.
(VI) Kidnapping.
(VII) Rape.
(VIII) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy to commit any of the offenses in this subparagraph.]
(1.1) The contents of court records and files concerning a child shall not be disclosed to the public unless any of the following apply:
(i) The child has been adjudicated delinquent by a court as a result of an act or acts committed when the child was 14 years of age or older and the conduct would have constituted one or more of the following offenses if committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault).
(D) Sexual Assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(E) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1) (relating to arson and related offenses).
(G) Burglary as a felony in the first degree as defined in 18 Pa.C.S. § 3502(c)(1) (relating to burglary).
(H) Involuntary deviate sexual intercourse.
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles).
(N) Attempt or conspiracy to commit any of the offenses in this subparagraph.
(ii) A petition alleging delinquency has been filed alleging that the child has committed an act or acts subject to a hearing pursuant to section 6336(e) (relating to conduct of hearings) and the child previously has been adjudicated delinquent by a court as a result of an act or acts committed when the child was 14 years of age or older and the conduct would have constituted one or more of the following offenses if committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2).
(D) Sexual Assault as defined in 18 Pa.C.S. § 3124.1.
(E) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125.
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1).
(G) Burglary as a felony in the first degree as defined in 18 Pa.C.S. § 3502(c)(1).
(H) Involuntary deviate sexual intercourse.
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii).
(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61.
(N) Attempt or conspiracy to commit any of the offenses in this subparagraph.
(2) If the conduct of the child meets the requirements for disclosure as set forth in paragraph [(1)] (1.1) , then the court shall disclose the name, age and address of the child, the offenses charged and the disposition of the case. The judge who adjudicates a child delinquent shall specify the particular offenses and counts thereof which the child is found to have committed, and such information shall be inserted on any court or law enforcement records or files disclosed to the public as provided for in this section or in section 6308(b)(2) (relating to law enforcement records).
§ 6308. Law enforcement records.
(b) Public availability.--
[(1) The contents of law enforcement records and files concerning a child shall not be disclosed to the public unless any of the following apply:
(i) The child has been adjudicated delinquent by a court as a result of an act or acts committed:
(A) when the child was 14 years of age or older and the conduct would be considered a felony if committed by an adult; or
(B) when the child was 12 or 13 years of age and the conduct would have constituted one or more of the following offenses if committed by an adult:
(I) Murder.
(II) Voluntary manslaughter.
(III) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault).
(IV) Arson as defined in 18 Pa.C.S. § 3301(a)(1) (relating to arson and related offenses).
(V) Involuntary deviate sexual intercourse.
(VI) Kidnapping.
(VII) Rape.
(VIII) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy to commit any of the offenses in this subparagraph.
(ii) A petition alleging delinquency has been filed alleging that the child has committed an act or acts subject to a hearing pursuant to section 6336(e) (relating to conduct of hearings) and the child previously has been adjudicated delinquent by a court as a result of an act or acts committed:
(A) when the child was 14 years of age or older and the conduct would be considered a felony if committed by an adult; or
(B) when the child was 12 or 13 years of age and the conduct would have constituted one or more of the following offenses if committed by an adult:
(I) Murder.
(II) Voluntary manslaughter.
(III) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2).
(IV) Arson as defined in 18 Pa.C.S. § 3301(a)(1).
(V) Involuntary deviate sexual intercourse.
(VI) Kidnapping.
(VII) Rape.
(VIII) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy to commit any of the offenses in this subparagraph.]
(1.1) The contents of law enforcement records and files concerning a child shall not be disclosed to the public unless any of the following apply:
(i) The child has been adjudicated delinquent by a court as a result of an act or acts committed when the child was 14 years of age or older and the conduct would have constituted one or more of the following offenses if committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault).
(D) Sexual Assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(E) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1) (relating to arson and related offenses).
(G) Burglary as a felony in the first degree as defined in 18 Pa.C.S. § 3502(c)(1) (relating to burglary).
(H) Involuntary deviate sexual intercourse.
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles).
(N) Attempt or conspiracy to commit any of the offenses in this subparagraph.
(ii) A petition alleging delinquency has been filed alleging that the child has committed an act or acts subject to a hearing pursuant to section 6336(e) (relating to conduct of hearings) and the child previously has been adjudicated delinquent by a court as a result of an act or acts committed when the child was 14 years of age or older and the conduct would have constituted one or more of the following offenses if committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2).
(D) Sexual Assault as defined in 18 Pa.C.S. § 3124.1.
(E) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125.
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1).
(G) Burglary as a felony in the first degree as defined in 18 Pa.C.S. § 3502(c)(1).
(H) Involuntary deviate sexual intercourse.
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii).
(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61.
(N) Attempt or conspiracy to commit any of the offenses in this subparagraph.
(2) If the conduct of the child meets the requirements for disclosure as set forth in paragraph [(1)] (1.1) , then the law enforcement agency shall disclose the name, age and address of the child, the offenses charged and the disposition of the case.
Section 4. The following shall apply:
(1) The Pennsylvania State Police and the Administrative Office of Pennsylvania Courts shall identify and complete the processing of records that are eligible, on the effective date of this paragraph, for limited access under 18 Pa.C.S. § 9122.2, within 365 days following the effective date of this paragraph.
(2) A petition for limited access under 18 Pa.C.S. § 9122.1 may be filed beginning 180 days after the effective date of this paragraph.
Section 5. This act shall take effect as follows:
(1) The following provisions shall take effect immediately:
(i) This section.
(ii) Section 4(2) of this act.
(2) The amendment of 18 Pa.C.S. § 9122.1 shall take effect in 180 days.
(3) The remainder of this act shall take effect in 365 days.
APPROVED--The 28th day of June, A.D. 2018.
TOM WOLF
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.