| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY DeLUCA, D. COSTA, DALEY, HARHAI, KOTIK, KULA, MAHONEY, MURT, READSHAW, STABACK, SWANGER, YOUNGBLOOD AND DAVIDSON, JUNE 24, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON EDUCATION, JUNE 24, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," further providing for background |
6 | checks of prospective employees and for conviction of |
7 | employees of certain offenses. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 111(e), (f) and (h) of the act of March |
11 | 10, 1949 (P.L.30, No.14), known as the Public School Code of |
12 | 1949, amended December 19, 1990 (P.L.1362, No.211) and December |
13 | 23, 2003 (P.L.304, No.48), are amended and the section is |
14 | amended by adding subsections to read: |
15 | Section 111. Background Checks of Employes and Prospective |
16 | Employes; Conviction of Employes of Certain Offenses.--* * * |
17 | (e) No person subject to this act shall be employed in a |
18 | public or private school, intermediate unit or area vocational- |
19 | technical school where the report of criminal history record |
20 | information indicates the applicant has been convicted[, within |
|
1 | five (5) years immediately preceding the date of the report,] of |
2 | any of the following offenses: |
3 | (1) An offense under one or more of the following provisions |
4 | of Title 18 of the Pennsylvania Consolidated Statutes: |
5 | Chapter 25 (relating to criminal homicide). |
6 | Section 2702 (relating to aggravated assault). |
7 | [Former section 2709(b) (relating to stalking).] |
8 | Section 2709.1 (relating to stalking). |
9 | Section 2901 (relating to kidnapping). |
10 | Section 2902 (relating to unlawful restraint). |
11 | Section 2910 (relating to luring a child into a motor vehicle |
12 | or structure). |
13 | Section 3121 (relating to rape). |
14 | Section 3122.1 (relating to statutory sexual assault). |
15 | Section 3123 (relating to involuntary deviate sexual |
16 | intercourse). |
17 | Section 3124.1 (relating to sexual assault). |
18 | Section 3124.2 (relating to institutional sexual assault). |
19 | Section 3125 (relating to aggravated indecent assault). |
20 | Section 3126 (relating to indecent assault). |
21 | Section 3127 (relating to indecent exposure). |
22 | Section 3129 (relating to sexual intercourse with animal). |
23 | Section 4302 (relating to incest). |
24 | Section 4303 (relating to concealing death of child). |
25 | Section 4304 (relating to endangering welfare of children). |
26 | Section 4305 (relating to dealing in infant children). |
27 | A felony offense under section 5902(b) (relating to |
28 | prostitution and related offenses). |
29 | Section 5903(c) or (d) (relating to obscene and other sexual |
30 | materials and performances). |
|
1 | Section 6301(a)(1) (relating to corruption of minors). |
2 | Section 6312 (relating to sexual abuse of children). |
3 | Section 6318 (relating to unlawful contact with minor). |
4 | Section 6319 (relating to solicitation of minors to traffic |
5 | drugs). |
6 | Section 6320 (relating to sexual exploitation of children). |
7 | (2) An offense designated as a felony under the act of April |
8 | 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, |
9 | Drug, Device and Cosmetic Act." |
10 | (3) An [out-of-State or Federal] offense similar in nature |
11 | to those crimes listed in clauses (1) and (2) under the laws of |
12 | the United States or one of its territories or possessions, |
13 | another state, the District of Columbia, the Commonwealth of |
14 | Puerto Rico or a foreign nation, or under a former law of this |
15 | Commonwealth. |
16 | [(f) The requirements of this section shall not apply to |
17 | employes of public and private schools, intermediate units and |
18 | area vocational-technical schools who meet all the following |
19 | requirements: |
20 | (1) The employes are under twenty-one (21) years of age. |
21 | (2) They are employed for periods of ninety (90) days or |
22 | less. |
23 | (3) They are a part of a job development and/or job training |
24 | program funded in whole or in part by public or private sources. |
25 | Once employment of a person who meets these conditions |
26 | extends beyond ninety (90) days, all requirements of this |
27 | section shall take effect.] |
28 | (f.1) (1) If the report of criminal history record |
29 | information indicates the person has been convicted of a felony |
30 | offense of the first, second or third degree other than those |
|
1 | enumerated under subsection (e), the person shall be eligible |
2 | for prospective employment if a period of ten years has elapsed |
3 | from the date of expiration of the sentence for the offense. |
4 | (2) If the conviction is for a misdemeanor of the first |
5 | degree, the person shall be eligible for prospective employment |
6 | if a period of five years has elapsed from the date of |
7 | expiration of the sentence for the offense. |
8 | (3) If the report of criminal history record information |
9 | indicates the person has been convicted more than once for an |
10 | offense under 75 Pa.C.S. § 3802(a), (b), (c) or (d) (relating to |
11 | driving under influence of alcohol or controlled substance) and |
12 | the offense is graded as a misdemeanor of the first degree under |
13 | 75 Pa.C.S. § 3803 (relating to grading), the person shall be |
14 | eligible for prospective employment if a period of three years |
15 | has elapsed from the date of expiration of the sentence for the |
16 | most recent offense. |
17 | (f.2) Nothing in this section shall be construed to |
18 | interfere with the ability of a public or private school, |
19 | intermediate unit or area vocational-technical school to make |
20 | employment, discipline or termination decisions. |
21 | * * * |
22 | (h) [No person employed in a public or private school on the |
23 | effective date of this section shall be required to obtain the |
24 | information required herein as a condition of continued |
25 | employment.] Any person employed in a public or private school, |
26 | intermediate or vocational-technical school, having direct |
27 | contact with children attending any of these entities shall |
28 | obtain the information required under this section within two |
29 | (2) years of the effective date of subsection (f.1) and once |
30 | every seven (7) years thereafter as a condition of continued |
|
1 | employment. Any person who has once obtained the information |
2 | required under this section may transfer to another school in |
3 | the same district or established and supervised by the same |
4 | organization and shall not be required to obtain additional |
5 | reports before making such transfer. |
6 | * * * |
7 | (j) (1) Employes of a public and private school, |
8 | intermediate unit or area vocational-technical school shall |
9 | notify, verbally and in writing, the chief school administrator |
10 | or designee of any arrest or any conviction for an offense |
11 | enumerated under subsection (e). Employes of a public and |
12 | private school, intermediate unit or area vocational-technical |
13 | school shall notify, verbally and in writing, the chief school |
14 | administrator or designee of any arrest or any conviction for |
15 | any felony or misdemeanor offense occurring in this |
16 | Commonwealth, under the laws of the United States or one of its |
17 | territories or possessions, another state, the District of |
18 | Columbia, the Commonwealth of Puerto Rico or a foreign nation, |
19 | or under a former law of this Commonwealth, where the arrest or |
20 | conviction occurred within ten years prior to the effective date |
21 | of this subsection. If the arrest or conviction occurs after the |
22 | effective date of this subsection, the employe shall provide |
23 | notice no later than seventy-two (72) hours after an arrest or |
24 | conviction. |
25 | (2) If a chief school administrator or designee has a |
26 | reasonable belief that an employe was arrested or has a |
27 | conviction for an offense required to be reported under clause |
28 | (1) and the employe has not notified the chief school |
29 | administrator or designee as required under clause (1), the |
30 | chief school administrator or designee shall have the authority |
|
1 | to immediately require the employe to submit to the chief school |
2 | administrator or designee a current report of criminal history |
3 | record information as required under subsections (a)(7), (b) and |
4 | (c). The cost of the criminal background check shall be borne by |
5 | the employing school entity. |
6 | (3) An employe who willfully fails to disclose a conviction |
7 | for an offense enumerated under subsection (e)(1) shall be |
8 | subject to discipline up to and including termination or denial |
9 | of employment. An employe who willfully fails to disclose a |
10 | conviction of any other offense required to be reported by this |
11 | section may be subject to discipline. |
12 | Section 2. This act shall take effect in 90 days. |
|