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PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2016 | 21
LEGISLATIVE REPORT FOR DECEMBER 2016
are present. Further provides for the
preservation and production of any
audio or audiovisual recordings made
under these exceptions. Effective in 60
days. (Prior Printer Number: 1205)
(PN 1205) Amends Title 18 (Crimes
and Offenses) to allow law enforcement
officers to use body-worn cameras. Also
allows law enforcement officers to en-
ter a private residence with an activated
body-worn camera. Adds language clar-
ifying that officers may record inter-
views in police facilities with suspects or
witnesses. Effective in 60 days. THIS
BILL PASSED IN THE SENATE 45-5
AND WAS REFERRED TO THE
HOUSE JUDICIARY WHERE NO
FURTHER ACTION OCCURRED
BEFORE THE END OF THE SES-
SION.
THE ACTS LISTED BELOW BE-
CAME LAW IN 2016, HOWEVER
THIS IS NOT A COMPREHEN-
SIVE LIST OF THOSE ACTS, ONLY
THOSE PRIMARILY EFFECTING
LAW ENFORCEMENT.
ACT 5 – SB 166 – EXPUNGEMENTS
Amends Title 18 (Crimes and Offenses)
adding a new section, 9122.1 permit-
ting a court to enter an order for lim-
ited access regarding criminal history
records for convictions and misdemean-
ors of the second degree or third degree,
or an ungraded defense that carries no
more than two years in prison. Further
provides for an individual to be eligible
for an order of limited access, the con-
victed individual shall have to be free
from arrest from arrest or prosecution
for ten years following final release
from confinement or supervision. Also
provides when a petition is filed a court
is required to notify a district attorney
who may file objections within 30 days,
if no objection is received a court may
grant the petition without hearing if all
the requirements of the statute are met.
The central repository, upon notice or
order form the court, is required to no-
tify all criminal justice agencies, which
have received criminal history records or
information related to the conviction.
Also provides limited access shall not
be permitted where an individual has a
prior conviction for an offense punish-
able by more than two years or four or
more convictions for crimes punishable
for more than one year, and shall not
be available for certain other specified
offenses. Criminal history subject to an
order can only be released to a criminal
justice agency a state licensing agency
for use as authorized in Section 9124
of the Crimes Code. Prohibits anyone
who is not entitled to disclosure of a
record from requiring or requesting dis-
closure of the record from the individu-
al who has been the subject of an order
for limited access. Provides for a $132
fee upon filing a petition which shall
be divided among the Administrative
Office of the Pennsylvania Courts, the
clerk of courts, the Pennsylvania State
Police (PSP), and the district attorney
of the county.