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Brunner Goebel Milliran Spitz Burd Goodman Moehlmann Stairs Burns Greenfield Morris Stapleton Caltngirone Greenleaf Mawery Stewart LEGISLATIVE JOURNAL-HOUSE September 13, The SPEAKER. The Chair at this time is pleased to turn over the gavel to the gentleman. Mr. Wansacz, to preside tempo- rarily. Caputo Grieeo Mrkonic Stuban Cassidy Halverson Mullen. M. P. Sweet I THE SPEAKER PRO TEMPORE (JOHN WANSAU) Cessar Hamilton Musto Taddonio IN THE CHAIR Cimini Hasay Novak Taylor. E. Cohen Hayes, D. S. Noye Taylor. F. Cole Hayes, S. E. O'Brien. B. Tenaglio Cowell Helfrick O'Brien, D. Trello Davies Hwffel O'ConneU Valicentl DeMedio Honaman O'DonneU Wagner DeVerter Hutchinson. A. O'Keefe Wansacz DeWeese Hutchinson. W. Pancoast Wargo DiCarlo ltkin Parker Wass Dietz Katz Peterson Weidner Dininni Kelly Petrarea Wenger Dombrowski Kernick Piccola Wiggins Donatucci Klingaman Pievsky Wilson Dorr Knepper Pitts Wilt Doyle Kolter Polite Wise Duffy Kowalyshyn Pott Wright. D. Dumas Kukovich Pratt Wright, J. L, Enelehart Lashinger Prendersast Yahner ~ e e Laughlin Fischer. R. R. Lehr Fisher. D. M. Letterrnan Flaherty Levi Faster. A. Lincoln Foster, W. Livengood Freind Logue Fryer Lynch Gallagher Mackowski Pyles Yohn Quest Zeller Rappaport Zitterman Ravenstahl Zord Renwick Zwikl Ritter Ruggiero Irvis, Ryan Speaker Beloff Harper Levin White Borski Johnson Oliver Zearfoss Cianciulli Jones Richardson NOT VOTING-11 Gray Miscevich Rieger Vmon HaskeU Reed Scanlon Williams MeGinnis Rhodes Thomas The question was determined in the affirmative, and the amendments were agreed to. MR. WANSACZ REQUESTED TO PRESIDE The SPEAKER. The Chair, at this time, invites the gentleman from Lackawanna, Mr. John Wansacz, to preside tempo- rarily as the Speaker of the House. Will the gentleman please come to the podium? On the question recurring, Will the House agree to the bill as amended on third con- sideration? Mr. BENNETT offered the following amendment: iven to any employer unless the prospective employee shall ave given written consent to the inquiry. On the question, Will the House agree to the amendment? The SPEAKER pro tempore. The Chair recognizes the gentleman from Mercer, Mr. Bennett, on the amendment. Mr. BENNETT. Thank you, Mr. Speaker. The amendment offered by Mr. Englehart very simply states that a prospective employer may ask the prospective employe to check on his background, and the amendment says that the employe must sign in writing that he authorizes the investigation of his background, Apparently the amendment is agreed to, and I ask for its ac. ceptance. On the question recurring, Will the House agree to the amendment? The follou ring roll call was recorded: Anderson Armstrong Arthurs Barber Beloff Bennett Berlin Berson Bittinger Bittle Brsndt Brown Brunner Burd Burns Caltagirone Caputo Cassidy Cessar Cianciulli Cimini Cohen Cole Cowell Davies DeMedio DeVerter DeWeese DiCarlo Dietz Dininni Dombrowski Donatucci Dorr Doyle Duffy Dumas Englehart Fee Fischer. R. R. Fisher, D. M. Flaherty Foster, A. Foster. W. Freind Fryer Gallagher YEAS-186 Gallen Manderina Gamble Manmiller Garria McCall Gatski McClatchy Geesey Mclntyre Geisler McLane George, C. Mebus George, M. Meluskey Gismmarco Milanovieh Gillette Miller Gleeson Milliron Goadman Moehlmann Greenfield Morris Greenleaf Mowery Grieco Mrkonic Halverson Mullen. M. P. Hamilton Mush Harper Novak Hasay Noye Hayes, D. S. O'Brien, B. Hayes, S. E. O'Brien. D. Helfrick O'CanneU Hoeffel O'DonneU Hanaman O'Keefe Hutchinson, A. Oliver Hutchinsan. W. Pancoast Itkin Parker Katz Peterson Kelly Petrarea Kernick Piecola Klingaman Pievsky Knepper Pitts Kolter Polite Kowalyshyn ~ott Kukovich Pratt Lashinger Prendergast Laughlin Pyles Lehr Quest Letterma. Rappaport Levi Ravenstahl Levin Renwick Lincoln Rhodes Livengood Richardson Loye Rieger Lynch Ritter Mackowski Ruggier0 Madigan Ryan w Salvatore Scanlon Scheaffer Schmitt Schweder Scirica Seltzer Shupnik * Sirianni Smith, E. Smith, L. Spencer Spitz Stnirs Stapleton Stewart Stuban Sweet Taddonio Taylor. E. Taylor. F. Tenaglio Thomas TreUo Valicenti Wagner Wansacz Wargo Wass Weidner Wenger Wiggins Wilson Wilt Wise Wright, D. Wrieht. J. L. Irvis, Speaker
NAYS--3 Goebel Jones White NOT VOTING-9 Borski Johnson Miscevich Vroon Gray McGinnis Reed Williams Haskell The question was determined in the affirmative, and the amendment was agreed to. LEGISLATIVE JOURNAL-HOUSE On the question recurring, Will the House agree to the bill as amended on thud con- sideration? Bill as amended was agreed to. The SPEAKER pro tempore. This hill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? The Chair recognizes the gentleman from Berks, Mr. Davies. Mr. DAVIES. Mr. Speaker, again I would address the maker or sponsor of the hill on the question that I was trying to pnr- sue with Mr. Miller and his amendment and I would address it thus: Does this in any way guarantee that in the process there will be a notation in the records that if there is a conviction, and this depository has that, that there are guarantees that if it is under appeal to an appellate court or it is under appeal from the state courts into the Federal courts, where there is a question still to he resolved on the matter, that there will he this notation placed therein and that a guarantee, of course, that the information will he updated and made readily available when and if there are reversals by those courts in these particular cases? Mr. BERSON. If I understand your question correctly, this bill does attempt to insure the completeness and the accuracy of records to be kept by criminal justice agencies in this state and it is part of the completeness and accuracy of criminaljus- tice records. Obviously, the status of convictions, appeals, de- terminations of appeals are parts of a criminal justice record, and if this bill functions properly, all of that kind of information should be properly recorded in the record. This hill is de- signed todo that. We have no present law now that deals with that subject, un- fortunately. Mr. DAVIES. All right. Now let us say it supposedly goes to the Supreme Court of the United States, as an example, will the matter of the record then, when they find in reversal and the conviction is reversed, will the prior conviction then disappear or will there be a notation as to why a reversal was made for some, let us say, technical point of evidence or violation in the proceeding of arrest, or will the entire record then he com- pletely or simply wiped clean as far as the Commonwealth's system of records will reflect? What is the disposition then of the record if this would occur? Mr. BERSON. It would be my understanding that if a conviction is appealed, in the example that you gave, to the United States Supreme Court, and the conviction is reversed, the record should reflect the fact that the conviction is no longer a 1 conviction but that it has been reversed. However, under this bill, the record remains. The record is not obliterated. The origi- nal arrest is still in the record. It is still there, and the disposition of the arrest, to wit, a conviction reversed on appeal, will still be there. The man may then want to petition the court and ask that the record be expunged because he has, in effect, been acquitted, hut that is up to the court to decide ! whether they willexpunge that record. As the hill stands, there is no expungement in such a situation; the arrest record is there, the conviction record and the record on appeal. But it probably will not go into the technical details of why the conviction was reversed on appeal. You have got to manage the paperwork in some fashion. Mr. DAVIES. All right, thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair recognizes the gentleman from Philadelphia, Mr. O'Donnell. Mr. O'DONNELL. I would like to interrogate the sponsor, please. The SPEAKER pro tempore. Will Mr. Berson consent to in- terrogation? Mr. O'DONNELL. Mr. Speaker, I want to make sure that I am reading this bill right. In section 702, under the duties of the privacy in the security council, that appears to he a very, very broad mandate especially in subsections 1 and 10, wherein the council has a mandate to establish rules and regulations for criminal history, record information, security completeness, accuracy, etcetera, and then, in subsection 10, carry out all other powers, duties, responsibilities given to it by this act. That is a fairly broad mandate, is it not? Mr. BERSON. There are powers and duties conferred upon it by the act. Mr. O'DONNELL. In subsection 201, the first duty of criminal justice agencies, as outlined there, is that every criminal justice agency will be required to maintain, in effect, such information as is required by the privacy and security council under the mandate in chapter 7. Is that correct? Mr. BERSON. That is correct. We are trying to insure a uniform system and a complete and accurate system. Records that are incomplete or inaccurate are just absolutely worthless. Mr. O'DONNELL. One effect of this bill would be to create the privacy and security council and to place in their hands control over criminal history record information, except for the limits in this bill. Mr. BERSON. "Control over" are the maec words. I do not know what you mean by that. There are certain delineated r e sponsihilities in the act that the privacy and security council has, one of which is to insure that records are kept in a uniform way and that they are complete and that they areaccurate. Mr. O'DONNELL. Let me ask you another question. Mr. BERSON. Sure. Mr. O'DONNELL. Does the public have access to criminal history record information under this bill? Mr. BERSON. The public at large? No. Mr. O'DONNELL. So under the amendments that have been adopted by the House-- Mr. BERSON. Let me say this: The public has the traditional access that it has now,.
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