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| PRIOR PRINTER'S NO. 40 | PRINTER'S NO. 752 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, BROWNE, TOMLINSON, EICHELBERGER, PIPPY, ORIE, RAFFERTY, WAUGH, WONDERLING AND BRUBAKER, JANUARY 20, 2009 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, MARCH 24, 2009 |
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| AN ACT |
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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) and, (f) and (h) of the act of | <-- |
11 | March 10, 1949 (P.L.30, No.14), known as the Public School Code |
12 | of 1949, amended December 19, 1990 (P.L.1362, No.211) and |
13 | December 23, 2003 (P.L.304, No.48), are amended and the section |
14 | is amended by adding subsections to read: |
15 | Section 111. Background Checks of Prospective Employes; |
16 | 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 |
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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). |
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1 | Section 63016301(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) Where the report of criminal history record | <-- |
29 | information indicates the applicant has not been convicted of a |
30 | felony offense enumerated in subsection (e) but has been |
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1 | convicted of a misdemeanor of the first or second degree, the |
2 | applicant shall only be eligible for prospective employment if a |
3 | period of ten (10) years has elapsed from the date of expiration |
4 | of the sentence for the offense.(1) Where the report of | <-- |
5 | criminal history record information indicates the person has |
6 | been convicted of a felony offense of the first, second or third |
7 | degree other than those enumerated in subsection (e), the person |
8 | shall be eligible for prospective employment if a period of ten |
9 | years has elapsed from the date of expiration of the sentence |
10 | for the offense. |
11 | (2) Where the conviction is for a misdemeanor of the first |
12 | degree, the person shall be eligible for prospective employment |
13 | if a period of five years has elapsed from the date of |
14 | expiration of the sentence for the offense. |
15 | (3) Where the report of criminal history record information |
16 | indicates the person has been convicted more than once for an |
17 | offense under 75 Pa.C.S. § 3802(a), (b), (c) or (d) (relating to |
18 | driving under influence of alcohol or controlled substance) and |
19 | the offense is graded as a misdemeanor of the first degree under |
20 | 75 Pa.C.S. § 3803 (relating to grading), the person shall be |
21 | eligible for prospective employment if a period of three years |
22 | has elapsed from the date of expiration of the sentence for the |
23 | most recent offense. |
24 | (f.2) Nothing in this section shall be construed to |
25 | interfere with the ability of a public or private school, |
26 | intermediate unit or area vocational-technical school to make |
27 | employment, discipline or termination decisions. |
28 | * * * |
29 | (h) [No person employed in a public or private school on the | <-- |
30 | effective date of this section shall be required to obtain the |
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1 | information required herein as a condition of continued |
2 | employment.] Any person who has once obtained the information |
3 | required under this section may transfer to another school in |
4 | the same district or established and supervised by the same |
5 | organization and shall not be required to obtain additional |
6 | reports before making such transfer. |
7 | * * * |
8 | (j) An administrator shall have the authority to require an | <-- |
9 | employe to submit a current report of criminal history record |
10 | information pursuant to 18 Pa.C.S. Ch. 91 and Federal criminal |
11 | history record information when the administrator has reason to |
12 | believe the employe has a conviction for a criminal offense. |
13 | (k) School employes shall report convictions for criminal |
14 | offenses occurring in this Commonwealth and in Federal or other |
15 | state jurisdictions immediately to the administrator. An employe |
16 | who wilfully fails to disclose a conviction for an offense |
17 | enumerated in subsection (e)(1) shall be terminated from |
18 | employment. An employe who wilfully fails to disclose a |
19 | conviction for a felony or misdemeanor other than those |
20 | enumerated in subsection (e)(1) commits a violation of this |
21 | section and shall be subject to a civil penalty not to exceed |
22 | two thousand five hundred dollars ($2,500).(1) Employes of a | <-- |
23 | public and private school, intermediate unit or area vocational- |
24 | technical school shall notify, verbally and in writing, the |
25 | chief school administrator or designee of any arrest or any |
26 | conviction for an offense enumerated in subsection (e). Employes |
27 | of a public and private school, intermediate unit or area |
28 | vocational-technical school shall notify, verbally and in |
29 | writing, the chief school administrator or designee of any |
30 | arrest or any conviction for any felony or misdemeanor offense |
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1 | occurring in this Commonwealth, under the laws of the United |
2 | States or one of its territories or possessions, another state, |
3 | the District of Columbia, the Commonwealth of Puerto Rico or a |
4 | foreign nation, or under a former law of this Commonwealth, |
5 | where the arrest or conviction occurred within ten years prior |
6 | to the effective date of this subsection. Where the arrest or |
7 | conviction occurs after the effective date of this subsection, |
8 | the employe shall provide notice no later than seventy-two (72) |
9 | hours after an arrest or conviction. |
10 | (2) Where a chief school administrator or designee has a |
11 | reasonable belief that an employe was arrested or has a |
12 | conviction for an offense required to be reported under clause |
13 | (1) and the employe has not notified the chief school |
14 | administrator or designee as required in clause (1), the chief |
15 | school administrator or designee shall have the authority to |
16 | immediately require the employe to submit to the chief school |
17 | administrator or designee a current report of criminal history |
18 | record information as required in subsections (a)(7), (b) and |
19 | (c). The cost of the criminal background check shall be borne by |
20 | the employing school entity. |
21 | (3) An employe who willfully fails to disclose a conviction |
22 | for an offense enumerated in subsection (e)(1) shall be subject |
23 | to discipline up to and including termination or denial of |
24 | employment. An employe who willfully fails to disclose a |
25 | conviction of any other offense required to be reported by this |
26 | section may be subject to discipline. |
27 | Section 2. This act shall take effect in 6090 days. | <-- |
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