Bill Text: PA HB1401 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for definitions and for expungement.

Spectrum: Strong Partisan Bill (Democrat 20-2)

Status: (Introduced - Dead) 2011-04-27 - Referred to JUDICIARY [HB1401 Detail]

Download: Pennsylvania-2011-HB1401-Introduced.html

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PRINTER'S NO. 1661
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1401 Session of2011
INTRODUCED BY WATERS, McGEEHAN, FLECK, BISHOP, BUXTON, CARROLL, D. COSTA, CURRY, FABRIZIO, FRANKEL, GEIST, HALUSKA, HORNAMAN, JOSEPHS, KIRKLAND, MIRABITO, MURPHY, M. O'BRIEN, PAYTON, READSHAW, WAGNER AND YOUNGBLOOD, APRIL 27, 2011
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 27, 2011
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for definitions and
for expungement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "expunge" in section 9102 of
Title 18 of the Pennsylvania Consolidated Statutes is amended
and the section is amended by adding a definition 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:
* * *
"Exoneration."
(1) When a person is pardoned pursuant to section 9 of
Article IV of the Constitution of Pennsylvania.
(2) When a judgment of conviction was reversed or
vacated, or a plea of guilty, no contest or nolo contendere
was withdrawn by leave of court, and the indictment or
information was dismissed or, if a new trial was ordered,
either the claimant was found not guilty at the new trial or
was not retried and the indictment or information was
dismissed, provided that the count or counts dismissed were
the sole basis for the imprisonment.
(3) In order for a person to fall within the meaning of
this term, deoxyribonucleic acid (DNA) evidence does not have
to form the basis of the reversal, vacation, withdrawal,
dismissal or pardon.
"Expunge."
(1) To remove information so that there is no trace or
indication that such information existed;
(2) to eliminate all identifiers which may be used to
trace the identity of an individual, allowing remaining data
to be used for statistical purposes; [or]
(3) maintenance of certain information required or
authorized under the provisions of section 9122(c) (relating
to expungement), when an individual has successfully
completed the conditions of any pretrial or posttrial
diversion or probation program[.]; or
(4) to remove, destroy or erase records possessed by the
Commonwealth or any of its political subdivisions, including,
but not limited to:
(i) Fingerprints.
(ii) Photographs.
(iii) Photographic plates.
(iv) Arrest, trial, conviction, sentence or
incarceration data for the crime for which the defendant
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has been conclusively proven to be innocent.
* * *
Section 2. Section 9122 of Title 18 is amended to read:
§ 9122. Expungement.
(a) [Specific proceedings.--Criminal history record
information] Arrest data.--Notwithstanding any provision to the
contrary, criminal arrest data 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;
(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
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of Transportation relating to said conviction[.]; or
(4) a person 18 years of age or older who has been
convicted of a crime, other than a violation under section
6308, and is later exonerated has petitioned the court of
common pleas having jurisdiction over the conviction seeking
expungement. Upon review of the petition, the court may order
the expungement of all criminal history record information
and all administrative records relating to the conviction.
(b) [Generally.--Criminal history record information]
Conviction data.--Notwithstanding any provision to the contrary,
conviction data may be expunged when:
(1) An individual who is the subject of the information
reaches 70 years of age and has been free of arrest or
prosecution for ten years following final release from
confinement or supervision.
(2) An individual who is the subject of the information
has been dead for three years.
(3) (i) An individual who is the subject of the
information petitions the court for the expungement of a
summary offense and has been free of arrest or
prosecution for five years following the conviction for
that offense.
(ii) Expungement under this paragraph shall only be
permitted for a conviction of a summary offense.
(b.1) Prohibition.--A court shall not have the authority to
order expungement of the defendant's arrest record where the
defendant was placed on Accelerated Rehabilitative Disposition
for a violation of any offense set forth in any of the following
where the victim is under 18 years of age:
Section 3121 (relating to rape).
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Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 5902(b) (relating to prostitution and related
offenses).
Section 5903 (relating to obscene and other sexual
materials and performances).
(b.2) Automatic expungement.--The following shall trigger
automatic expungement when occurring as a result of the
presentation of deoxyribonucleic acid (DNA) evidence:
(1) A reversal or vacation of a conviction.
(2) A withdrawal of a guilty, no contest or nolo
contendere plea.
(3) A dismissal of information or indictment.
(4) A retrial where the defendant was found not guilty.
(c) Maintenance of certain information required or
authorized.--Notwithstanding any other provision of this
chapter, the prosecuting attorney and the central repository
shall, and the court may, maintain a list of the names and other
criminal history record information of persons whose records are
required by law or court rule to be expunged where the
individual has successfully completed the conditions of any
pretrial or post-trial diversion or probation program or where
the court has ordered expungement under this section. Such
information shall be used solely for the purposes of determining
subsequent eligibility for such programs, identifying persons in
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criminal investigations or determining the grading of subsequent
offenses. Such information shall be made available to any court
or law enforcement agency upon request.
(d) Notice of expungement.--Notice of expungement shall
promptly be submitted to the central respository which shall
notify all criminal justice agencies which have received the
criminal history record information to be expunged.
(e) Public records.--Public records listed in section
9104(a) (relating to scope) shall not be expunged.
(f) District attorney's notice.--The court shall give ten
days prior notice to the district attorney of the county where
the original charge was filed of any applications for
expungement under the provisions of subsection (a)(2).
Section 3. This act shall take effect in 60 days.
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