2822 LEGISLATIVE JOURNAL-HOUSE September 13, ,I:,.;-: rc, I~~v?' " tor gtncr31 rt,vt.nur purl,
STATEMENT ON LEGISLATION LEGISLATIVE JC <strong>The</strong> SPEAKER. <strong>The</strong> Chair recognizes the gentleman from Montgomery, Mr. McClatchy. For what purpose does the gen- tleman rise? Mr. McCLATCHY. Mr. Speaker, just a short statement. I have in preparation in the Legisla~ive Reference Bureau a hill that is drafted along the lines <strong>of</strong> Proposition 12, which we all know about. That will he coming down shortly, and I would like to hold it open for a little while for asmany people as possi- ble to sponsor it. If you would like to sponsor the bill, please call my secretary at her <strong>of</strong>fice and she will he glad to add your name. <strong>The</strong>re have been some slight changes, and I think it makes it a little hit more powerful. But it is Proposition 12 and it is being put in at the request <strong>of</strong> Kulp and Graham. So if anyone wants to sponsor it, again, please call my <strong>of</strong>fice. Thank you. Mr. Speaker. CALENDAR BILLS ON SECOND CONSIDERATION <strong>The</strong> House considered for the second time and agreed to the following hills, which were then ordered transcribed for third consideration: HB 2565, PN 3578; SB 1053, PN 1237; SB 1481, PN 2106; HB 1022, PN 3560; SB 679, PN 2101; SB 691, PN 735; HB 2559, PN 3575; SB 1416, PN 1787; SB 1008, PN 2103; HB 2505, PN 3570; HB 2675, PN 3601; and HB 2740, PN 3676. CALENDAR BILL ON FINAL PASSAGE POSTPONED Agreeable to order, <strong>The</strong> bill having been called up from the postponed calendar by Mr. MANDERINO, the House resumed consideration on final passage <strong>of</strong> HB 2095, PN 3490, entitled: An Act relating to criminal history record information; pro- viding for the protection <strong>of</strong> individual right to privacy ' " and providing penalties for violations <strong>of</strong> this act. <strong>The</strong> SPEAKER. This hill has been considered on three differ- ent days and agreed to and is now on final passage. <strong>The</strong> question is, shall the hill pass finally? HB 2095 RETURNED TO THIRD CONSIDERATION <strong>The</strong> SPEAKER. <strong>The</strong> Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that HB 2095 be re- turned to third consideration. On the question, Will the House agree to the motion? Motion was agreed to. On the question recurring, Will the House agree to the hill as amended on third con- sideration? Mr. HELFRICK <strong>of</strong>fered the following amendments: Amend Table <strong>of</strong> Contents, page 2, by inserting between lines 6 and 7 Section 304. Juvenile records. Amend Sec. 105, page 7, line 1, by inserting after "juveniles" , except as provided in section 304, ~ Amend Bill, page 15,.hy inserting between lines 24 and25 Section 304. Juvenile records. (a) Notwithstanding the provisions <strong>of</strong> section 105 and except upon cause shown, expungement <strong>of</strong> records <strong>of</strong> luvenile delin- quency cases wherever kept or retained shall occur when the court uvon its motion or uoon the motion <strong>of</strong> a child or the par- ent> r;'uilrdlarl fllld.. 11, ;, t.onlpl;l~nt 1-. fllrrl u hlch I, no: cutrstanll.~lrl~ tlon wh~h c8r tht. p1.11- I f11t.d s,., rcwlt uf ., c ~lll~pl~fi~nt I> ~llsnnhsrd hy rhc court; (2) three years have elapsed since the final discharge <strong>of</strong> the person from commitment, placement, rohation or any other disposition and referral and since such !ma1 discharge, the person has not been convicted <strong>of</strong> a felony, misdenleanor or adjudicated delinquent and no proceeding is pendmg seeking such conviction or adjudication; or 13) the ~ ~ individual - - is 21 vears <strong>of</strong> aee or older and a court ~ ~ ordprs the exnunpement. ..-... ..~. . ~ - r - ~ - m ~ ~ ~ ~ - ~ - ~ (h) <strong>The</strong> court shall give notice <strong>of</strong> the applications for the ex- pungement <strong>of</strong> juvenile records to the prosecuting attorney. (c) All records <strong>of</strong> children alleged to he or adjudicated de- r en dent, may he expunged upon court order after the child is 21 years <strong>of</strong> age or older On the question, Will the House agree to the amendments? <strong>The</strong> SPEAKER. <strong>The</strong> Chair recognizes the gentleman from Northumberland, Mr. Helfrick. Mr. HELFRICK. Thank you, Mr. Speaker. What my amendment does is to Sve a young person the op portunity to wipe the slate clean <strong>of</strong> his criminal record for a crime or crimes that he has committed as a juvenile. I believe to carry a criminal record for the rest <strong>of</strong> one's life for a mistake made as a youth is a much harsher penalty than is necessary. I believe that the lack <strong>of</strong> opportunities that are caused to a young person because <strong>of</strong> a criminal record can force him hack into a life <strong>of</strong> crime. Rehabilitation is certainly more important than punishment. I would ask all <strong>of</strong> you to support my amendment. Thank you very much. On the question recurring, Will the House agree to the amendments? <strong>The</strong> following roll call was recorded: Anderson Amstrang Arthurs Barber Bel<strong>of</strong>f Bennett Berh Berson Bittinger Brandt Brown Bmnner Burd Burns Caltagirane Caputo Cassidy Cessar Cianciulli Cimini Coh~n Cole Gallen Gamble Garzia Gatski Geisler George, C. George, M. Giammarco Gillette Gaebel Goodman Greenfield Greenleaf Grieco Harper Hasay Hayes, D. S. Hayes, S. E. Helfrick Hoeffel Honaman Hutchinson, A. Manderino Manmiller McCaU McClatchy McIntyre McLane Mebus Meluskey Milanovich Miller Milliron Moehlmann Morris Mowery Mrkonic Mullen, M. P. Musto Novak Noye O'Brien, B. O'ConneU O'Keefe Scheaffer Schmitt Schweder Scirica Seltzer Shupnik Sirianni Smith, E. Smith. L. Spencer Spitz Stairs Stapleton Stewart Stuban Sweet Taddonio Taylor, E. Thomas Trello Vdicenti Wagner
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