Pennsylvania Act 2004-173 — CRIMES CODE (18 PA.C.S.) - AGGRAVATED ASSAULT, EXPIRATION OF CHAPTER RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE AND EXPUNGEMENT

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