HB 440 — An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in criminal history record information, further providing for expungement, for petition for limited access, for clean slate limited access and for effects of expunged records and records subject to limited access; and, in administration of justice, further providing for attachment and summary punishment for contempts.

PRIOR PRINTER'S NO.

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DAVIS, KINSEY, D.

MILLER, KORTZ, CEPHAS, T.

DAVIS, BULLOCK, DALEY, DAVIDSON, GOODMAN, KRUEGER, CIRESI, WILLIAMS, MADDEN, DAWKINS, SNYDER, WHEELAND, McCARTER AND ROEBUCK, FEBRUARY 11, 2019 AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 9, 2019 AN ACT Amending Title TITLES 18 (Crimes and Offenses) AND 42 (JUDICIARY <-- Statutes, in criminal history record information, further providing for expungement., FOR PETITION FOR LIMITED ACCESS, <-- FOR CLEAN SLATE LIMITED ACCESS AND FOR EFFECTS OF EXPUNGED RECORDS AND RECORDS SUBJECT TO LIMITED ACCESS;

AND, IN ADMINISTRATION OF JUSTICE, FURTHER PROVIDING FOR ATTACHMENT AND SUMMARY PUNISHMENT FOR CONTEMPTS.

[or] (2.1) a person has been pardoned GRANTED AN <-- UNCONDITIONAL PARDON for an offense in accordance with law;

or (4) a judicial determination has been made that a person is acquitted of an offense, if the person has been acquitted of all charges based on the same conduct or arising from the same criminal episodeepisode. FOLLOWING A TRIAL AND A VERDICT OF NOT <-- GUILTY.

This paragraph shall not apply to a partial 20190HB0440P3004 - 2 - acquittal.

(i) The court provides notice in writing to the person and to the Commonwealth that the person's criminal history record information will be automatically expunged 20190HB0440PN0426 - 2 - pursuant to this section.

* * * (c) Maintenance of certain information required or authorized.--Notwithstanding any other provision of this chapter, the prosecuting attorney and the central repository 20190HB0440P3004 - 3 - 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] , 20190HB0440PN0426 - 3 - where the individual has been pardoned or where the court has ordered expungement under this section.

* * * SECTIONSection 2.

SECTIONS 9122.1(A) AND 9122.2(A)(1) AND (3) AND <-- (B)(2)(I) OF TITLE 18 ARE AMENDED TO READ:

§ 9122.1.

PETITION FOR LIMITED ACCESS.

(A) GENERAL RULE.--SUBJECT TO THE EXCEPTIONS IN SUBSECTION (B) AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON PETITION OF A PERSON WHO HAS BEEN FREE FROM CONVICTION FOR A PERIOD OF 10 YEARS FOR AN OFFENSE PUNISHABLE BY ONE OR MORE YEARS IN PRISON AND HAS COMPLETED [EACH COURT-ORDERED FINANCIAL OBLIGATION OF THE SENTENCE] PAYMENT OF ALL COURT-ORDERED RESTITUTION AND THE FEE PREVIOUSLY AUTHORIZED TO CARRY OUT THE LIMITED ACCESS AND CLEAN SLATE LIMITED ACCESS PROVISIONS, THE COURT OF COMMON PLEAS IN THE JURISDICTION WHERE A CONVICTION OCCURRED MAY ENTER AN ORDER THAT CRIMINAL HISTORY RECORD INFORMATION MAINTAINED BY A CRIMINAL JUSTICE AGENCY PERTAINING TO A QUALIFYING MISDEMEANOR OR AN UNGRADED OFFENSE WHICH CARRIES A MAXIMUM PENALTY OF NO MORE THAN FIVE YEARS BE DISSEMINATED ONLY TO A CRIMINAL JUSTICE AGENCY OR AS PROVIDED IN SECTION 20190HB0440P3004 - 4 - 9121(B.1) AND (B.2) (RELATING TO GENERAL REGULATIONS).

* * * § 9122.2.

CLEAN SLATE LIMITED ACCESS.

(A) GENERAL RULE.--THE FOLLOWING SHALL BE SUBJECT TO LIMITED ACCESS:

(1) SUBJECT TO THE EXCEPTIONS UNDER SECTION 9122.3 (RELATING TO EXCEPTIONS) OR IF A COURT HAS VACATED AN ORDER FOR LIMITED ACCESS UNDER SECTION 9122.4 (RELATING TO ORDER TO VACATE ORDER FOR LIMITED ACCESS), CRIMINAL HISTORY RECORD INFORMATION PERTAINING TO A CONVICTION OF A MISDEMEANOR OF THE SECOND DEGREE, A MISDEMEANOR OF THE THIRD DEGREE OR A MISDEMEANOR OFFENSE PUNISHABLE BY IMPRISONMENT OF NO MORE THAN TWO YEARS IF A PERSON HAS BEEN FREE FOR 10 YEARS FROM CONVICTION FOR ANY OFFENSE PUNISHABLE BY IMPRISONMENT OF ONE OR MORE YEARS AND IF [COMPLETION OF EACH COURT-ORDERED FINANCIAL OBLIGATION OF THE SENTENCE] PAYMENT OF ALL COURT- ORDERED RESTITUTION AND THE FEE PREVIOUSLY AUTHORIZED TO CARRY OUT THE LIMITED ACCESS AND CLEAN SLATE LIMITED ACCESS PROVISIONS HAS OCCURRED.

* * * (3) CRIMINAL HISTORY RECORD INFORMATION PERTAINING TO A CONVICTION FOR A SUMMARY OFFENSE WHEN 10 YEARS HAVE ELAPSED SINCE ENTRY OF THE JUDGMENT OF CONVICTION AND [COMPLETION OF ALL COURT-ORDERED FINANCIAL OBLIGATIONS OF THE SENTENCE] PAYMENT OF ALL COURT-ORDERED RESTITUTION AND THE FEE PREVIOUSLY AUTHORIZED TO CARRY OUT THE LIMITED ACCESS AND CLEAN SLATE LIMITED ACCESS PROVISIONS HAS OCCURRED.

(B) PROCEDURES.-- * * * (2) THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS 20190HB0440P3004 - 5 - SHALL TRANSMIT TO THE PENNSYLVANIA STATE POLICE REPOSITORY:

(I) THE RECORD OF CHARGES SUBJECT TO LIMITED ACCESS UNDER SUBSECTION (A)(2) WITHIN 30 DAYS AFTER ENTRY OF THE DISPOSITION AND PAYMENT OF [EACH COURT-ORDERED OBLIGATION] ANY ORDERED RESTITUTION.

* * * SECTION 3.

SECTION 9122.5 OF TITLE 18 IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 9122.5.

EFFECTS OF EXPUNGED RECORDS AND RECORDS SUBJECT TO LIMITED ACCESS.

* * * (C) USE FOR SENTENCING.--NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A RECORD SUBJECT TO LIMITED ACCESS UNDER SECTION 9122.1 OR 9122.2 SHALL REMAIN PART OF A PERSON'S CRIMINAL HISTORY RECORD INFORMATION AND SHALL BE DISCLOSED TO A COURT FOR ANY RELEVANT PURPOSE IN ACCORDANCE WITH LAW, INCLUDING SENTENCING.

SECTION 4.

SECTION 4132 OF TITLE 42 IS AMENDED TO READ:

§ 4132.

ATTACHMENT AND SUMMARY PUNISHMENT FOR CONTEMPTS.

THE POWER OF THE SEVERAL COURTS OF THIS COMMONWEALTH TO ISSUE ATTACHMENTS AND TO IMPOSE SUMMARY PUNISHMENTS FOR CONTEMPTS OF COURT SHALL BE RESTRICTED TO THE FOLLOWING CASES:

(1) THE OFFICIAL MISCONDUCT OF THE OFFICERS OF SUCH COURTS RESPECTIVELY.

(1.1) THE WILLFUL FAILURE OF THE OFFICERS OF SUCH COURTS TO DISCLOSE A PERSON'S COMPLETE CRIMINAL HISTORY RECORD INFORMATION WHEN REQUESTED.

(2) DISOBEDIENCE OR NEGLECT BY OFFICERS, PARTIES, JURORS OR WITNESSES OF OR TO THE LAWFUL PROCESS OF THE COURT.

(3) THE MISBEHAVIOR OF ANY PERSON IN THE PRESENCE OF THE 20190HB0440P3004 - 6 - COURT, THEREBY OBSTRUCTING THE ADMINISTRATION OF JUSTICE.

SECTION 5.