act-2004-0-173•Pennsylvania Act 2004-173 — CRIMES CODE (18 PA.C.S.) - AGGRAVATED ASSAULT, EXPIRATION OF CHAPTER RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE AND EXPUNGEMENT
Pennsylvania Act 2004-173 — CRIMES CODE (18 PA.C.S.) - AGGRAVATED ASSAULT, EXPIRATION OF CHAPTER RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE AND EXPUNGEMENT
act-2004-0-1732004 Pa. Act 173Law
Act text
CRIMES CODE (18 PA.C.S.) - AGGRAVATED ASSAULT, EXPIRATION OF CHAPTER
RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE AND EXPUNGEMENT
Act of Nov. 29, 2004, P.L. 1349, No. 173 Cl. 18
Session of 2004
No. 2004-173
SB 72
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for aggravated
assault and for expiration of chapter relating to wiretapping
and electronic surveillance; further defining "criminal
justice agency"; and further providing for expungement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2702(c) and 5781 of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 2702. Aggravated assault.
* * *
(c) Officers, employees, etc., enumerated.--The officers,
agents, employees and other persons referred to in subsection
(a) shall be as follows:
(1) Police officer.
(2) Firefighter.
(3) County adult probation or parole officer.
(4) County juvenile probation or parole officer.
(5) An agent of the Pennsylvania Board of Probation and
Parole.
(6) Sheriff.
(7) Deputy sheriff.
(8) Liquor control enforcement agent.
(9) Officer or employee of a correctional institution,
county jail or prison, juvenile detention center or any other
facility to which the person has been ordered by the court
pursuant to a petition alleging delinquency under 42 Pa.C.S.
Ch. 63 (relating to juvenile matters).
(10) Judge of any court in the unified judicial system.
(11) The Attorney General.
(12) A deputy attorney general.
(13) A district attorney.
(14) An assistant district attorney.
(15) A public defender.
(16) An assistant public defender.
(17) A Federal law enforcement official.
(18) A State law enforcement official.
(19) A local law enforcement official.
(20) Any person employed to assist or who assists any
Federal, State or local law enforcement official.
(21) Emergency medical services personnel.
(22) Parking enforcement officer.
(23) A district justice.
(24) A constable.
(25) A deputy constable.
(26) A psychiatric aide.
(27) A teaching staff member, a school board member or
other employee, including a student employee, of any
elementary or secondary publicly funded educational
institution, any elementary or secondary private school
licensed by the Department of Education or any elementary or
secondary parochial school while acting in the scope of his
or her employment or because of his or her employment
relationship to the school.
(28) Governor.
(29) Lieutenant Governor.
(30) Auditor General.
(31) State Treasurer.
(32) Member of the General Assembly.
(33) An employee of the Department of Environmental
Protection.
(34) An individual engaged in the private detective
business as defined in section 2(a) and (b) of the act of
August 21, 1953 (P.L.1273, No.361), known as The Private
Detective Act of 1953.
(35) An employee or agent of a county children and youth
social service agency or of the legal representative of such
agency.
(36) A public utility employee or an employee of an
electric cooperative.
* * *
§ 5781. Expiration of chapter.
This chapter expires December 31, [2004] 2008, unless
extended by statute.
Section 2. The definition of "criminal justice agency" in
section 9102 of Title 18 is amended to read:
§ 9102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Criminal justice agency." Any court, including the minor
judiciary, with criminal jurisdiction or any other governmental
agency, or subunit thereof, created by statute or by the State
or Federal constitutions, specifically authorized to perform as
its principal function the administration of criminal justice,
and which allocates a substantial portion of its annual budget
to such function. Criminal justice agencies include, but are not
limited to: organized State and municipal police departments,
local detention facilities, county, regional and State
correctional facilities, probation agencies, district or
prosecuting attorneys, parole boards, pardon boards, the
facilities and administrative offices of the Department of
Public Welfare that provide care, guidance and control to
adjudicated delinquents, and such agencies or subunits thereof,
as are declared by the Attorney General to be criminal justice
agencies as determined by a review of applicable statutes and
the State and Federal Constitutions or both.
* * *
Section 3. Section 9122(a) of Title 18 is amended to read:
§ 9122. Expungement.
(a) Specific proceedings.--Criminal history record
information shall be expunged in a specific criminal proceeding
when:
(1) no disposition has been received or, upon request
for criminal history record information, no disposition has
been recorded in the repository within 18 months after the
date of arrest and the court of proper jurisdiction certifies
to the director of the repository that no disposition is
available and no action is pending. Expungement shall not
occur until the certification from the court is received and
the director of the repository authorizes such expungement;
[or]
(2) a court order requires that such nonconviction data
be expunged[.]; or
(3) a person 21 years of age or older who has been
convicted of a violation of section 6308 (relating to
purchase, consumption, possession or transportation of liquor
or malt or brewed beverages) petitions the court of common
pleas in the county where the conviction occurred seeking
expungement and the person has satisfied all terms and
conditions of the sentence imposed for the violation,
including any suspension of operating privileges imposed
pursuant to section 6310.4 (relating to restriction of
operating privileges). Upon review of the petition, the court
shall order the expungement of all criminal history record
information and all administrative records of the Department
of Transportation relating to said conviction.
* * *
Section 4. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) The amendment of 18 Pa.C.S. § 5781 shall take effect
immediately.
(3) The remainder of this act shall take effect in 60
days.
APPROVED--The 29th day of November, A. D. 2004.
EDWARD G. RENDELL
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