Pennsylvania Act 2002-129 — 18 PA.C.S. (CRIMES CODE) - AMEND CRIMINAL HISTORY RECORD INFORMATION DISSEMINATION TO NONCRIMINAL JUSTICE AGENCIES AND INDIVIDUALS

Act text

18 PA.C.S. (CRIMES CODE) - AMEND CRIMINAL HISTORY RECORD INFORMATION
      DISSEMINATION TO NONCRIMINAL JUSTICE AGENCIES AND INDIVIDUALS
                 Act of Oct. 28, 2002, P.L. 888, No. 129              Cl. 18
                             Session of 2002
                               No. 2002-129

     SB 612

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for the
        dissemination of criminal history record information to
        noncriminal justice agencies and individuals.

        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 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,
        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)  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.
        * * *
        Section 2.  This act shall take effect immediately.

     APPROVED--The 28th day of October, A. D. 2002.

     MARK S. SCHWEIKER