Bill Text: PA SB1051 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for arson and related offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-07-23 - Referred to JUDICIARY [SB1051 Detail]

Download: Pennsylvania-2009-SB1051-Introduced.html

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PRINTER'S NO. 1343
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1051 Session of2009
INTRODUCED BY DINNIMAN, JULY 23, 2009
REFERRED TO JUDICIARY, JULY 23, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for arson and
related offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3301(h.1) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3301. Arson and related offenses.
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(h.1) Prohibition on certain service.--
(1) A person convicted of violating this section or any
similar offense under Federal or State law shall be
prohibited from serving as a firefighter in this Commonwealth
and shall be prohibited from being certified as a firefighter
under section 4 of the act of November 13, 1995 (P.L.604,
No.61), known as the State Fire Commissioner Act. [Proof of
nonconviction must consist of either of the following:
(1) An official criminal history record check obtained
pursuant to Chapter 91 (relating to criminal history record
information) indicating no arson convictions.
(2) A dated and signed statement by the person swearing
to the following:
I have never been convicted of an offense that
constitutes the crime of "arson and related offenses" under
18 Pa.C.S. § 3301 or any similar offense under any Federal or
State law. I hereby certify that the statements contained
herein are true and correct to the best of my knowledge and
belief. I understand that if I knowingly make any false
statement herein, I am subject to penalties prescribed by
law, including, but not limited to, a fine of at least
$1,000.]
(2) Applicants for certification under section 4 of the
State Fire Commissioner Act, for employment as a firefighter
or individuals who seek to join a volunteer fire company as a
firefighter, shall be required to submit to a criminal
history background investigation, which shall include records
of criminal arrests and convictions, no matter where
occurring, including Federal criminal history record
information, prior to being enrolled in a firefighter
training program or offered employment as a firefighter or
membership in a volunteer fire company. The applicant shall
submit to fingerprinting by the Pennsylvania State Police or
by a local law enforcement agency capable of submitting
fingerprints electronically to the Pennsylvania State Police
utilizing the Integrated Automated Fingerprint Identification
System or in a manner and in such form as may be provided by
the Pennsylvania State Police. Fingerprinting under this part
shall require, at a minimum, submission of a full set of
fingerprints. The Pennsylvania State Police shall submit the
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fingerprints to the Federal Bureau of Investigation for
purposes of verifying the identity of the applicants and
obtaining records of criminal arrests and convictions and
shall provide the same to the municipality or volunteer fire
company. Fingerprints obtained under this subsection may be
maintained by the Pennsylvania State Police for general law
enforcement purposes. The costs of fingerprinting and
completion of the criminal background investigation shall be
paid by the applicant, except that nothing in this section
shall be construed to prohibit the municipality in which the
individual is seeking employment or in which the volunteer
fire company is located from paying for the cost of the
fingerprinting and criminal background investigation or from
reimbursing the individual for such costs.
(3) A criminal history background investigation
completed under paragraph (2) shall be valid for 45 days.
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Section 2. This act shall take effect in 60 days.
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