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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ORIE, RAFFERTY, FARNESE, PILEGGI, ALLOWAY, PICCOLA, FOLMER, ERICKSON, EARLL, EICHELBERGER, WAUGH, M. WHITE, TARTAGLIONE AND BOSCOLA, APRIL 23, 2009 |
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| REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, APRIL 23, 2009 |
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| AN ACT |
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1 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated |
2 | Statutes, in general provisions relating to gaming, further |
3 | providing for definitions; and, in Pennsylvania Gaming |
4 | Control Board, further providing for licenses or permit |
5 | prohibition. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. The definition of "conviction" in section 1103 of |
9 | Title 4 of the Pennsylvania Consolidated Statutes is amended to |
10 | read: |
11 | § 1103. Definitions. |
12 | The following words and phrases when used in this part shall |
13 | have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | * * * |
16 | "Conviction." A finding of guilt or a plea of guilty or nolo |
17 | contendere, whether or not a judgment of sentence has been |
18 | imposed as determined by the law of the jurisdiction in which |
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1 | the prosecution was held. [The term does not include a |
2 | conviction that has been expunged or overturned or for which an |
3 | individual has been pardoned or an order of Accelerated |
4 | Rehabilitative Disposition.] |
5 | * * * |
6 | Section 2. Section 1213 of Title 4 is amended to read: |
7 | § 1213. License or permit prohibition and review of criminal |
8 | record. |
9 | (a) Prohibition.-- |
10 | (1) No applicant for a license or permit under this |
11 | part, including principals and key employees, who has been |
12 | convicted of a felony or gambling offense in any jurisdiction |
13 | shall be issued a license or permit unless 15 years has |
14 | elapsed from the date of expiration of the sentence for the |
15 | offense. |
16 | (2) For purposes of this subsection, a conviction shall |
17 | not include a conviction that has been expunged or overturned |
18 | or for which an individual has been pardoned or an order of |
19 | Accelerated Rehabilitative Disposition. |
20 | (b) Review of criminal records.--When determining whether to |
21 | issue a license or permit to an applicant who has been convicted |
22 | in any jurisdiction of a felony or gambling offense, the board |
23 | shall consider the following factors: |
24 | (1) The nature and duties of the applicant's position |
25 | with the licensed entity. |
26 | (2) The nature and seriousness of the offense or |
27 | conduct. |
28 | (3) The circumstances under which the offense or conduct |
29 | occurred. |
30 | (4) The age of the applicant when the offense or conduct |
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1 | was committed. |
2 | (5) Whether the offense or conduct was an isolated or a |
3 | repeated incident. |
4 | (6) Any evidence of rehabilitation, including good |
5 | conduct in the community, counseling or psychiatric treatment |
6 | received and the recommendation of persons who have |
7 | substantial contact with the applicant. |
8 | (c) Applicability of other law.--The restrictions found in |
9 | 18 Pa.C.S. § 9124(b) (relating to use of records by licensing |
10 | agencies) shall not apply to this section. |
11 | Section 3. This act shall take effect in 60 days. |
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