reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 76 - Computer Offenses › Section 7626 - Application for order to remove or disable items

§ 7626. Application for order to remove or disable items.
An application for an order of authorization to remove or disable items residing on or accessible through an Internet service provider's service shall be made to the court of common pleas having jurisdiction in writing upon the personal oath or affirmation of the Attorney General or a district attorney of the county wherein the items have been discovered and, if available, shall contain all of the following information:
(1) A statement of the authority of the applicant to make the application.
(2) A statement of the identity of the investigative or law enforcement officer that has, in the official scope of that officer's duties, discovered the child pornography items.
(3) A statement by the investigative or law enforcement officer who has knowledge of relevant information justifying the application.
(4) The Uniform Resource Locator providing access to the items.
(5) The identity of the Internet service provider used by the law enforcement officer.
(6) A showing that there is probable cause to believe that the items constitute a violation of section 6312 (relating to sexual abuse of children).
(7) A proposed order of authorization for consideration by the judge.
(8) Contact information for the Office of Attorney General, including the name, address and telephone number of any deputy or agent authorized by the Attorney General to submit notification.
(9) Additional testimony or documentary evidence in support of the application as the judge may require.
Cross References.
Section 7626 is referred to in section 7628 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 76 - Computer Offenses › Section 7627 - Order to remove or disable certain items from Internet service provider's service

§ 7627. Order to remove or disable certain items from Internet service provider's service.
Upon consideration of an application, the court may enter an order, including an ex parte order as requested, advising the Attorney General or a district attorney that the items constitute probable cause evidence of a violation of section 6312 (relating to sexual abuse of children) and that such items shall be removed or disabled from the Internet service provider's service. The court may include such other information in the order as the court deems relevant and necessary.
Cross References.
Section 7627 is referred to in section 7628 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 76 - Computer Offenses › Section 7628 - Notification procedure

§ 7628. Notification procedure.
(a) Duty of Attorney General.--
The Attorney General shall have exclusive jurisdiction to notify Internet service providers under this subchapter. The Attorney General shall initiate notification under this subchapter if requested in writing by a district attorney who has provided the Attorney General with a copy of an application made under section 7626 (relating to application to remove or disable items) and a copy of the order issued under section 7627 (relating to order to remove or disable certain items from Internet service provider's service) or upon the issuance of an order based upon an application filed by the Attorney General.
(b) Timely notification.--
For purposes of this section, an Internet service provider or the person designated by the Internet service provider as provided for in section 7629 (relating to designated agent) shall be notified in writing by the Attorney General within three business days of the Attorney General's receipt of an order.
(c) Contents.--
The notice shall include the following information:
(1) A copy of the application made under section 7626.
(2) A copy of the court order issued under section 7627.
(3) Notification that the Internet service provider must remove or disable the items residing on or accessible through its service within five business days of the date of receipt of the notification.
(4) Contact information for the Office of Attorney General, including the name, address and telephone number of any deputy or agent authorized by the Attorney General to submit notification pursuant to this subsection.
Cross References.
Section 7628 is referred to in sections 7622, 7629 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 76 - Computer Offenses › Section 7629 - Designated agent

§ 7629. Designated agent.
An Internet service provider may designate an agent to receive notification provided under section 7628 (relating to notification procedure).
Cross References.
Section 7629 is referred to in section 7628 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 76 - Computer Offenses › Section 7630 - Report to General Assembly

§ 7630. Report to General Assembly.
The Attorney General shall make an annual report to the chairman and minority chairman of the Judiciary Committee of the Senate and to the chairman and minority chairman of the Judiciary Committee of the House of Representatives providing information on the number of notifications issued and the prosecutions made under this subchapter and making any recommendations for amendatory language.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 76 - Computer Offenses › Section 7641 - Computer-assisted remote harvesting of animals

§ 7641. Computer-assisted remote harvesting of animals.
(a) Offense defined.--
A person who engages in computer-assisted remote harvesting of an animal or provides or operates a facility for another person to engage in computer-assisted remote harvesting of an animal commits a misdemeanor of the third degree.
(b) Definitions.--
As used in this section, "computer-assisted remote harvesting of an animal" means the use of a computer or software to control remotely the aiming and discharge of any implement that allows a person who is not physically present at the location of that implement to harvest an animal located in this Commonwealth. The term does not include such use at an establishment as defined under section 2 of the act of July 9, 1968 (P.L.304, No.151), known as the Pennsylvania Meat and Poultry Hygiene Law of 1968.
(Nov. 1, 2005, P.L.329, No.63, eff. 60 days)
2005 Amendment.
Act 63 added section 7641.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 76 - Computer Offenses › Section 7661 - Unlawful transmission of electronic mail

§ 7661. Unlawful transmission of electronic mail.
(a) Offense defined.--
A person commits the offense of unlawful transmission of electronic mail if he:
(1) Uses a computer or computer network without authority and with the intent to falsify or forge electronic mail transmission information or other routine information in any manner in connection with the transmission of unsolicited electronic mail through or into the computer network of an electronic mail service provider, Internet service provider or its subscribers.
(2) Sells, gives or otherwise distributes or possesses with the intent to sell, give or distribute computer software which:
(i) is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
(ii) has only limited commercially significant purpose or use other than to facilitate or to enable the falsification of electronic mail transmission information or other routing information; or
(iii) is marketed by that person or another person acting in concert with that person with that person's knowledge for the use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
(b) Grading.--
(1) Except as provided in paragraphs (2) and (3), unlawful transmission of electronic mail is a misdemeanor of the third degree punishable by a fine of not more than $2,500.
(2) If there is damage to the property of another valued at $2,500 or more caused by that person's reckless disregard for the consequences of his act in violation of this section, unlawful transmission of electronic mail is a misdemeanor of the first degree punishable by a fine of not more than $10,000.
(3) If there is damage to the property of another valued at $2,500 or more caused by that person's malicious act in violation of this section, unlawful transmission of electronic mail is a felony of the third degree punishable by a fine of not more than $15,000.
(c) Rights preserved.--
Nothing in this section shall be construed to:
(1) Establish any liability by reason of terms or conditions adopted by or technical measures implemented by an electronic mail service provider or Internet service provider doing business in this Commonwealth to prevent the transmission of unsolicited electronic mail in violation of this section.
(2) Interfere with or prohibit terms or conditions in a contract or license related to computers, computer data, computer networks, computer operations, computer programs, computer services or computer software.
(d) Definitions.--
As used in this section, the term "electronic mail" shall include facsimiles and wireless advertisements in addition to other electronic mail.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 77 - Vehicle Chop Shop and Illegally Obtained and Altered Property › Section 7701 - Definitions

§ 7701. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Chop shop."
A building, lot or other premises where one or more persons engage in altering, destroying, disassembling, dismantling, reassembling, storing or possessing a vehicle or vehicle part known to be illegally obtained by theft, fraud or conspiracy to defraud in order to either:
(1) alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate or remove the identification, including, but not limited to, the vehicle identification number of the vehicle or vehicle part, in order to misrepresent the identity of the vehicle or vehicle part or to prevent the identification of the vehicle or vehicle part; or
(2) sell or dispose of the vehicle or vehicle part.
"Person."
A natural person, firm, copartnership, association or cooperation.
"Semitrailer."
A trailer so constructed that some part of its weight rests upon or is carried by the towing vehicle.
"Trailer."
A vehicle designed to be towed by a motor vehicle.
"Vehicle."
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.
"Vehicle identification number."
A combination of numerals or letters, or both, which a manufacturer of a vehicle assigns to a vehicle for identification purposes or, in the absence of a manufacturer assigned number, which the Department of Transportation assigns to a vehicle for identification purposes.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 77 - Vehicle Chop Shop and Illegally Obtained and Altered Property › Section 7702 - Owning, operating or conducting a chop shop

§ 7702. Owning, operating or conducting a chop shop.
Any person who knowingly:
(1) owns, operates or conducts a chop shop; or
(2) transports, sells, transfers, purchases or receives any vehicle or vehicle part that was illegally obtained either to or from a chop shop
commits a felony of the second degree and, upon conviction, shall be sentenced to imprisonment for not more than ten years or a fine of not more than $100,000, or both.
Cross References.
Section 7702 is referred to in sections 7705, 7706 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 77 - Vehicle Chop Shop and Illegally Obtained and Altered Property › Section 7703 - Alteration or destruction of vehicle identification number

§ 7703. Alteration or destruction of vehicle identification number.
Any person who alters, counterfeits, defaces, destroys, disguises, falsifies, forges, obliterates or removes a vehicle identification number with the intent to conceal or misrepresent the identity or prevent the identification of a vehicle or vehicle part commits a felony of the third degree and, upon conviction, shall be sentenced to imprisonment for not more than seven years or a fine of not more than $50,000, or both.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 77 - Vehicle Chop Shop and Illegally Obtained and Altered Property › Section 7704 - Disposition of vehicle or vehicle part with altered vehicle identification number

§ 7704. Disposition of vehicle or vehicle part with altered vehicle identification number.
Any person who purchases, receives, disposes, sells, transfers or possesses a vehicle or vehicle part with knowledge that the vehicle identification number of the vehicle or vehicle part has been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated or removed and with the intent to conceal or misrepresent the identity or prevent the identification of a vehicle or vehicle part commits a felony of the third degree and, upon conviction, shall be sentenced to imprisonment for not more than seven years or a fine of not more than $50,000, or both.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 77 - Vehicle Chop Shop and Illegally Obtained and Altered Property › Section 7705 - Exceptions

§ 7705. Exceptions.
(a) Scrap processor.--
The provisions of section 7702 (relating to owning, operating or conducting a chop shop) shall not apply to a scrap processor who, in the normal legal course of business and in good faith, processes a vehicle or vehicle part by crushing, compacting or other similar methods, provided that any vehicle identification number is not removed from the vehicle or vehicle part prior to or during any such processing.
(b) Repair of vehicle.--
The provisions of section 7702 shall not be construed to prohibit the removal of a vehicle identification number plate from a vehicle part that is damaged when:
(1) The removal is necessary for proper repair or matching identification of a replacement vehicle part.
(2) The proper matching vehicle identification number plate is immediately and properly secured to the repaired or replacement part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 77 - Vehicle Chop Shop and Illegally Obtained and Altered Property › Section 7706 - Presumptions

§ 7706. Presumptions.
(a) Vehicles.--
Any person or persons who transport, sell, transfer, purchase, possess or receive any vehicle or vehicle part upon which the vehicle identification number has been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated or removed or who fails to keep, possess or produce the records required to be kept, possessed or produced for the vehicle or vehicle part under 75 Pa.C.S. § 6308 (relating to investigation by police officers) shall be prima facie evidence under section 7702 (relating to owning, operating or conducting a chop shop) of that person's or persons' knowledge that the vehicle or vehicle part was illegally obtained.
(b) Police report.--
A police report which indicates that a vehicle or vehicle part was reported to police to be in a stolen status at the time it was possessed shall be prima facie evidence that the vehicle or vehicle part was possessed without permission of the owner.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 77 - Vehicle Chop Shop and Illegally Obtained and Altered Property › Section 7707 - Loss of property rights to Commonwealth

§ 7707. Loss of property rights to Commonwealth.
(a) Forfeitures generally.--
The following shall be subject to forfeiture to the Commonwealth, and no property right shall exist in them:
(1) Any tool, implement or instrumentality, including, but not limited to, a vehicle or vehicle part used or possessed in connection with any violation of this chapter.
(2) All materials, products and equipment of any kind which are used or intended for use in violation of this chapter.
(3) All books, records, microfilm, tapes and data which are used or intended for use in violation of this chapter.
(4) All money, negotiable instruments, securities or other things of value used or intended to be used to facilitate any violation of this chapter and all proceeds traceable to any transactions in violation of this chapter.
(5) All real property used or intended to be used to facilitate any violation of this chapter, including structures or other improvements thereon and including any right, title and interest in the whole or any lot or tract of land and any appurtenances or improvements which are used or intended to be used in any manner or part to commit or to facilitate the commission of a violation of this chapter.
(a.1) Conduct of forfeiture.--
Forfeiture of property shall be authorized for a violation of this chapter and conducted in accordance with 42 Pa.C.S. §§ 5803 (relating to asset forfeiture), 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive seizures) and 5808 (relating to exceptions).
(b) Exceptions.--
(Deleted by amendment).
(c) Process and seizure.--
(Deleted by amendment).
(d) Seizure without process.--
(Deleted by amendment).
(e) Custody of property.--
(Deleted by amendment).
(f) Use of property held in custody.--
(Deleted by amendment).
(g) Use of cash, property or proceeds of property.--
(Deleted by amendment).
(h) Distribution of property among law enforcement authorities.--
(Deleted by amendment).
(i) Annual audit of forfeited property.--
(Deleted by amendment).
(j) Annual report; confidential information regarding property.--
(Deleted by amendment).
(k) Proceeds and appropriations.--
(Deleted by amendment).
(June 29, 2017, P.L.247, No.13, eff. July 1, 2017)
Cross References.
Section 7707 is referred to in section 5803 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 77 - Vehicle Chop Shop and Illegally Obtained and Altered Property › Section 7708 - Procedure with respect to seized property subject to liens and rights of lienholders (Repealed)

§ 7708. Procedure with respect to seized property subject to liens and rights of lienholders (Repealed).
2017 Repeal.
Section 7708 was repealed June 29, 2017, P.L.247, No.13, effective July 1, 2017.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Extra - Chapter Notes

Enactment.
Chapter 91 was added July 16, 1979, P.L.116, No.47, effective January 1, 1980.
Cross References.
Chapter 91 is referred to in section 6109 of this title; sections 1202, 1317.2, 1317.3,
            1517, 1801, 3509, 3904 of Title 4 (Amusements); section 3505 of Title 5 (Athletics
            and Sports); sections 8616, 8660 of Title 20 (Decedents, Estates and Fiduciaries);
            sections 3705, 3714 of Title 22 (Detectives and Private Police); section 6344 of Title
            23 (Domestic Relations); section 925 of Title 34 (Game); section 7713 of Title 35
            (Health and Safety); sections 1904, 6309, 9799.27, 9799.28, 9799.62, 9799.63, 9799.68
            of Title 42 (Judiciary and Judicial Procedure); section 702 of Title 54 (Names); section
            327 of Title 57 (Notaries Public).
Cross References.
Subchapter B is referred to in section 9104 of this title.
Cross References.
Subchapter D is referred to in section 9104 of this title.
Cross References.
Subchapter F is referred to in section 9104 of this title.
Enactment.
Subchapter F.1 was added November 3, 2022, P.L.1979, No.134, effective in 180 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9104 - Scope

§ 9104. Scope.
(a) General rule.--
Except for the provisions of Subchapter B (relating to completeness and accuracy), Subchapter D (relating to security) and Subchapter F (relating to individual right of access and review), nothing in this chapter shall be construed to apply to:
(1) Original records of entry compiled chronologically, including, but not limited to, police blotters and press releases that contain criminal history record information and are disseminated contemporaneous with the incident.
(2) Any documents, records or indices prepared or maintained by or filed in any court of this Commonwealth, including but not limited to the minor judiciary.
(3) Posters, announcements, or lists for identifying or apprehending fugitives or wanted persons.
(4) Announcements of executive clemency.
(b) Court dockets, police blotters and press releases.--
Court dockets, police blotters and press releases and information contained therein shall, for the purpose of this chapter, be considered public records.
(c) Substitutes for court dockets.--
Where court dockets are not maintained any reasonable substitute containing that information traditionally available in court dockets shall, for the purpose of this chapter, be considered public records.
(d) Certain disclosures authorized.--
Nothing in this chapter shall prohibit a criminal justice agency from disclosing an individual's prior criminal activity to an individual or agency if the information disclosed is based on records set forth in subsection (a).
(e) Noncriminal justice agencies.--
Information collected by noncriminal justice agencies and individuals from the sources identified in this section shall not be considered criminal history record information.
(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982, P.L.476, No.138, eff. 180 days)
1982 Amendment.
Act 138 amended subsecs. (a) and (b).
1979 Amendment.
Act 127 deleted subsec. (d) and relettered subsec. (e) to (d) and subsec. (f) to (e).
Cross References.
Section 9104 is referred to in sections 9102, 9122 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9105 - Other criminal justice information

§ 9105. Other criminal justice information.
Nothing in this chapter shall be construed to apply to information concerning juveniles, except as provided in section 9123 (relating to juvenile records), unless they have been adjudicated as adults, nor shall it apply to intelligence information, investigative information, treatment information, including medical and psychiatric information, caution indicator information, modus operandi information, wanted persons information, stolen property information, missing persons information, employment history information, personal history information, nor presentence investigation information. Criminal history record information maintained as a part of these records shall not be disseminated unless in compliance with the provisions of this chapter.
Cross References.
Section 9105 is referred to in section 9123 of this title; section 6309 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9111 - Duties of criminal justice agencies

§ 9111. Duties of criminal justice agencies.
It shall be the duty of every criminal justice agency within the Commonwealth to maintain complete and accurate criminal history record information and to report such information at such times and in such manner as required by the provisions of this chapter or other applicable statutes.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9112 - Mandatory fingerprinting

§ 9112. Mandatory fingerprinting.
(a) General rule.--
Fingerprints of all persons arrested for a felony, misdemeanor or summary offense which becomes a misdemeanor on a second arrest after conviction of that summary offense, shall be taken by the arresting authority, and within 48 hours of the arrest, shall be forwarded to, and in a manner and such a form as provided by, the central repository.
(b) Other cases.--
(1) Where private complaints for a felony or misdemeanor result in a conviction, the court of proper jurisdiction shall order the defendant to submit for fingerprinting by the municipal police of the jurisdiction in which the offense was allegedly committed or in the absence of a police department, the State Police. Fingerprints so obtained shall, within 48 hours, be forwarded to the central repository in a manner and in such form as may be provided by the central repository.
(2) Where defendants named in police complaints are proceeded against by summons, or for offenses under section 3929 (relating to retail theft), the court of proper jurisdiction shall order the defendant to submit within five days of such order for fingerprinting by the municipal police of the jurisdiction in which the offense allegedly was committed or, in the absence of a police department, the State Police. Fingerprints so obtained shall, within 48 hours, be forwarded to the central repository in a manner and in such form as may be provided by the central repository.
(c) Transmittal of information.--
The central repository shall transmit the criminal history record information to the criminal justice agency which submitted a complete, accurate and classifiable fingerprint card.
(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982, P.L.476, No.138, eff. 180 days)
Cross References.
Section 9112 is referred to in section 6309 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9113 - Disposition reporting by criminal justice agencies

§ 9113. Disposition reporting by criminal justice agencies.
(a) Reports of dispositions required.--
All criminal justice agencies, including but not limited to, courts, county, regional and State correctional institutions and parole and probation agencies, shall collect and submit reports of dispositions occurring within their respective agencies for criminal history record information, within 90 days of the date of such disposition to the central repository as provided for in this section.
(b) Courts.--
Courts shall collect and submit criminal court dispositions as required by the Administrative Office of Pennsylvania Courts.
(c) Correctional institutions.--
County, regional and State correctional institutions shall collect and submit information regarding the admission, release and length of sentence of individuals sentenced to local and county institutions as required by the Bureau of Correction.
(d) Probation and parole offices.--
County probation and parole offices shall collect and submit information relating to the length of time and charges for which an individual is placed under and released from the jurisdiction of such agency as required by the Pennsylvania Board of Probation and Parole.
(e) State agencies.--
The Administrative Office of Pennsylvania Courts, the Bureau of Correction, the Pennsylvania Board of Probation and Parole and the Pennsylvania Board of Pardons shall collect and submit to the central repository such information necessary to maintain complete and accurate criminal history record information. Each State agency listed in this subsection shall submit to the central repository any reports of dispositions occurring within their respective agencies and such information reported from county and local criminal justice agencies.
References in Text.
The Bureau of Correction, referred to in subsecs. (c) and (e), is now the Department of Corrections.
Cross References.
Section 9113 is referred to in section 6309 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9114 - Correction of inaccurate information

§ 9114. Correction of inaccurate information.
Within 15 days of the detection of inaccurate data in a criminal history record, regardless of the manner of discovery, the criminal justice agency which reported the information shall comply with the following procedures to effect correction:
(1) Correct its own records.
(2) Notify all recipients, including the central repository, of the inaccurate data and the required correction.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9122.4 - Order to vacate order for limited access

§ 9122.4. Order to vacate order for limited access.
(a) General rule.--
Upon petition of the prosecuting attorney to the court where a conviction occurred, and with notice to the defendant and opportunity to be heard, the court shall vacate an order for limited access granted under section 9122.2 (relating to clean slate limited access) if the court determines that the order was erroneously entered and not in accordance with section 9122.2.
(b) Conviction.--
Upon conviction of a misdemeanor or felony offense and motion of the prosecuting attorney, the court shall enter an order vacating any prior order for limited access pertaining to a record of the defendant, except under section 9122.2(a)(2).
(c) Transmission to repository.--
An order under subsection (a) or (b) shall be transmitted to the central repository of the Pennsylvania State Police.
(June 28, 2018, P.L.402, No.56, eff. 365 days)
2018 Amendment.
Act 56 added section 9122.4. See the preamble to Act 56 in the appendix to this title for special provisions relating to findings and declarations.
Cross References.
Section 9122.4 is referred to in section 9122.2 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9122.6 - Employer immunity from liability

§ 9122.6. Employer immunity from liability.
(a) General rule.--
An employer who employs or otherwise engages an individual whose criminal history record has been expunged or to which limited access has been applied under section 9122.1 (relating to petition for limited access) or 9122.2 (relating to clean slate limited access) shall be immune from liability for any claim arising out of the misconduct of the individual, if the misconduct relates to the portion of the criminal history record that has been expunged or provided limited access.
(b) Voluntary disclosure.--
An employer to whom an individual voluntarily discloses the individual's criminal history record information shall be immune from liability for any claim arising under section 9122.5(a.1) (relating to effects of expunged records and records subject to limited access) related to the employer's otherwise lawful use or consideration of the criminal history record information in connection with any employment decision.
(June 28, 2018, P.L.402, No.56, eff. 365 days; Dec. 14, 2023, P.L.334, No.36, eff. 60 days)
2018 Amendment.
See the preamble to Act 56 in the appendix to this title for special provisions relating to findings and declarations.
Cross References.
Section 9122.6 is referred to in section 9121 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9125 - Use of records for employment

§ 9125. Use of records for employment.
(a) General rule.--
Whenever an employer is in receipt of information which is part of an employment applicant's criminal history record information file, it may use that information for the purpose of deciding whether or not to hire the applicant, only in accordance with this section.
(b) Use of information.--
Felony and misdemeanor convictions may be considered by the employer only to the extent to which they relate to the applicant's suitability for employment in the position for which he has applied.
(c) Notice.--
The employer shall notify in writing the applicant if the decision not to hire the applicant is based in whole or in part on criminal history record information.
(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982, P.L.476, No.138, eff. 180 days)
1982 Amendment.
Act 138 amended subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9131 - Security requirements for repositories

§ 9131. Security requirements for repositories.
Every criminal justice agency collecting, storing or disseminating criminal history record information shall ensure the confidentiality and security of criminal history record information by providing that wherever such information is maintained, a criminal justice agency must:
(1) Institute procedures to reasonably protect any repository from theft, fire, sabotage, flood, wind or other natural or man-made disasters.
(2) Select, supervise and train all personnel authorized to have access to criminal history record information.
(3) Ensure that, where computerized data processing is employed, the equipment utilized for maintaining criminal history record information is solely dedicated to purposes related to the administration of criminal justice, or, if the equipment is not used solely for the administration of criminal justice, the criminal justice agency shall be accorded equal management participation in computer operations used to maintain the criminal history record information.
(June 11, 1982, P.L.476, No.138, eff. 180 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9141 - Audits

§ 9141. Audits.
(a) Audit required.--
(1) The Attorney General shall conduct annual audits of the central repository and of a representative sample of all repositories. The Office of Attorney General shall conduct a review of State criminal justice agencies' automated policies and procedures established pursuant to section 9106 (relating to information in central repository or automated systems) to ensure that the provisions of this chapter are upheld within two years of the effective date of this act.
(2) The Pennsylvania State Police shall conduct an annual audit of at least 5% of all municipal police department plans, policies or procedures which are implemented pursuant to section 9106(c) to ensure that the provisions of this chapter are upheld. The first such audit shall be conducted within two years of the effective date of this act. A copy of the audit shall be submitted to the Attorney General.
(b) Access to records.--
Persons conducting the audit shall be provided access to all records, reports and listings required to conduct an audit of criminal history record information, and all persons with access to such information or authorized to receive such information shall cooperate with and provide information requested.
(c) Contents of audit.--
The audit shall contain a report of deficiencies and recommendations for the correction of such deficiencies. Upon the completion of every audit, the audited agency shall carry out the recommendations within a reasonable period of time unless the audit report is appealed to the Attorney General and the appeal is upheld.
(d) Modification of recommendations.--
The Attorney General shall have the power to modify the corrective measures recommended by the audit.
(Dec. 19, 1990, P.L.1332, No.207, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9143 - Regulations

§ 9143. Regulations.
It shall be the duty and responsibility of the Attorney General, in consultation with the Pennsylvania State Police, to adopt rules and regulations pursuant to this act. The Office of Attorney General, in consultation with the Pennsylvania State Police, shall have the power and authority to promulgate, adopt, publish and use guidelines for the implementation of this act for a period of one year immediately following the effective date of this section pending adoption of final rules and regulations.
(Dec. 19, 1990, P.L.1332, No.207, eff. imd.)
1990 Amendment.
Act 207 added section 9143.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9151 - Right to access and review

§ 9151. Right to access and review.
(a) General rule.--
Any individual or his legal representative has the right to review, challenge, correct and appeal the accuracy and completeness of his criminal history record information.
(b) Prisoners.--
Persons incarcerated in correctional facilities and institutions may authorize a correctional employee to obtain a copy of their criminal history record information for the purpose of review, challenge and appeal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9152 - Procedure

§ 9152. Procedure.
(a) Rules and regulations.--
The Attorney General in cooperation with appropriate criminal justice agencies shall promulgate rules and regulations to implement this section and shall establish reasonable fees.
(b) Requests for information.--
Any individual requesting to review his or her own criminal history record information shall submit proper identification to the criminal justice agency which maintains his or her record. Proper identification shall be determined by the officials of the repository where the request is made. If criminal history record information exists the individual may review a copy of such information without undue delay for the purpose of review and challenge.
(c) Challenge of accuracy.--
The individual may challenge the accuracy of his or her criminal history record information by specifying which portion of the record is incorrect and what the correct version should be. Failure to challenge any portion of the record in existence at that time will place the burden of proving the inaccuracy of any part subsequently challenged upon the individual. Information subsequently added to such record shall also be subject to review, challenge, correction or appeal.
(d) Review of challenge.--
All criminal justice agencies shall have 60 days to conduct a review of any challenge and shall have the burden of proving the accuracy of the record. The decision on the challenge shall include all information, including, but not limited to, the jurisdiction and docket number of any relevant court decision which formed a basis for the decision. If the challenge is deemed valid, the appropriate officials must ensure that:
(1) The criminal history record information is corrected.
(2) A certified and corrected copy of the criminal history record information is provided to the individual.
(3) Prior erroneous criminal history record information disseminated to criminal justice agencies shall be destroyed or returned and replaced with corrected information.
(4) The individual is supplied with the names of those noncriminal justice agencies and individuals which have received erroneous criminal history record information.
(e) Appeals.--
(1) If the challenge is ruled invalid, an individual has the right to appeal the decision to the Attorney General within 30 days of notification of the decision by the criminal justice agency.
(2) The Attorney General shall conduct a hearing de novo in accordance with the Administrative Agency Law. The burden of proof shall be upon the party bearing the burden of proof on the challenge.
(3) The decision of the Attorney General may be appealed to the Commonwealth Court by an aggrieved individual.
(Oct. 17, 2008, P.L.1628, No.131, eff. imd.)
2008 Amendment.
Act 131 amended subsecs. (d) and (e).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9153 - Individual rights on access and review

§ 9153. Individual rights on access and review.
Any individual exercising his or her right to access and review under the provisions of this subchapter shall be informed when criminal history record information is made available that he or she is under no obligation to divulge such information to any person or agency.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9158 - Definitions

§ 9158. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Child abuse."
As defined in 23 Pa.C.S. § 6303(b.1) (relating to definitions).
"Crime victim."
As defined as "direct victim" in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.
"Domestic violence."
An offense under section 2701 (relating to simple assault), 2702 (relating to aggravated assault), 2709.1 (relating to stalking) or 2718 (relating to strangulation) perpetrated against a family or household member, as defined in 23 Pa.C.S. § 6102 (relating to definitions).
"Records information officer."
The head of the criminal justice agency or a designee.
"Request for dissemination."
A request under section 9158.2 (relating to access).
"Requesting party."
A crime victim or a defendant in a civil action in which a crime victim is a party.
"Sexual abuse."
Conduct which occurs in this Commonwealth and would constitute an offense under any of the following provisions:
Section 3011(a)(1) or (2) or (b) (relating to trafficking in individuals).
Section 3012 (relating to involuntary servitude) as it relates to sexual servitude.
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 4302 (relating to incest).
Section 6312 (relating to sexual abuse of children).
Section 6320 (relating to sexual exploitation of children).
"Third-party victim."
A crime victim other than the crime victim making a request for dissemination and other than the crime victim who is the plaintiff in the underlying civil action.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9158.1 - Right to access

§ 9158.1. Right to access.
A requesting party or a requesting party's legal representative may obtain criminal history investigative information under this subchapter for use in or investigation of an actual or potential civil action in this Commonwealth relating to that criminal history investigative information.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9158.2 - Access

§ 9158.2. Access.
(a) General rule.--
(1) A requesting party may request the dissemination of criminal history investigative information that is directly related to a civil action pending in a court in this Commonwealth.
(2) A crime victim or the crime victim's representative may request the dissemination of criminal history investigative information that is material and necessary to the investigation or preparation of a civil action in this Commonwealth.
(b) Request.--
A request for dissemination shall include an unsworn statement by the requesting party or the requesting party's legal representative, made subject to the penalties of section 4904 (relating to unsworn falsification to authorities), that the requested information is directly related to a civil action pending in a court in this Commonwealth or, if the requesting party is a crime victim or the crime victim's legal representative, material and necessary to the investigation or preparation of a civil action in this Commonwealth. A request for dissemination shall identify or describe the information sought with sufficient specificity to enable the criminal justice agency to ascertain which information is being requested.
(c) Service.--
A request for dissemination shall be served on the records information officer. Service shall be effective upon receipt of the request by the records information officer or head of the criminal justice agency via personal service or certified mail with receipt.
(d) Dissemination.--
Subject to section 9158.3 (relating to denial), a criminal justice agency shall disseminate criminal history investigative information in response to a request for dissemination within 60 days of receipt of the request for dissemination or by the date returnable on the request for dissemination, whichever is later. The criminal justice agency may impose reasonable fees for costs incurred to comply with the request.
(e) Receipt of information.--
Dissemination of information under this section may be made to the requesting party or the requesting party's legal representative, or the attorney for the requesting party or the requesting party's legal representative, as directed by the request for information. Criminal history investigative dissemination obtained under this subchapter shall be discoverable in a civil action directly related to the crime, unless otherwise nondiscoverable or privileged from discovery.
(f) Subpoenas.--
A criminal justice agency may, in its sole discretion, respond to a subpoena in a pending civil action seeking disclosure of criminal history investigative information as a request for dissemination under this subchapter. Nothing under this subchapter shall relieve a criminal justice agency of also responding to a subpoena as otherwise required by law or court rule.
Cross References.
Section 9158.2 is referred to in section 9158 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9158.3 - Denial

§ 9158.3. Denial.
(a) Grounds.--
A criminal justice agency shall deny a request for dissemination if the criminal justice agency determines:
(1) That, absent reasonable redactions, the dissemination of the requested information:
(i) endangers a person or public safety;
(ii) adversely affects an investigation or ongoing prosecution; or
(iii) relates to law enforcement's use of confidential informants or discloses investigative techniques and procedures.
(2) Either that:
(i) The criminal history investigative information is not:
(A) directly relating to a civil action pending in a court in this Commonwealth; or
(B) material and necessary to the investigation or preparation of a civil action in this Commonwealth.
(ii) Dissemination of the requested information would identify a third-party victim of child abuse, domestic violence or sexual abuse, unless the criminal justice agency determines that reasonable redaction of the information will prevent identification of the third-party victim.
(b) Service of denial.--
The criminal justice agency shall serve a denial in writing to the requesting party within 60 days of receipt of the request for dissemination or by the date returnable on the request for dissemination, whichever is later, identifying the grounds for denial.
Cross References.
Section 9158.3 is referred to in sections 9158.2, 9158.4 of this title.