2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 91 - Criminal History Record Information
9102 - Definitions.

     § 9102.  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:
        "Administration of criminal justice."  The activities
     directly concerned with the prevention, control or reduction of
     crime, the apprehension, detention, pretrial release, post-trial
     release, prosecution, adjudication, correctional supervision or
     rehabilitation of accused persons or criminal offenders;
     criminal identification activities; or the collection, storage
     dissemination or usage of criminal history record information.
        "Audit."  The process of reviewing compliance with applicable
     Federal and State laws and regulations related to the privacy
     and security of criminal history record information.
        "Automated systems."  A computer or other internally
     programmed device capable of automatically accepting and
     processing data, including computer programs, data communication
     links, input and output data and data storage devices.
        "Central repository."  The central location for the
     collection, compilation, maintenance and dissemination of
     criminal history record information by the Pennsylvania State
     Police.
        "Criminal history record information."  Information collected
     by criminal justice agencies concerning individuals, and arising
     from the initiation of a criminal proceeding, consisting of
     identifiable descriptions, dates and notations of arrests,
     indictments, informations or other formal criminal charges and
     any dispositions arising therefrom. The term does not include
     intelligence information, investigative information or treatment
     information, including medical and psychological information, or
     information and records specified in section 9104 (relating to
     scope).
        "Criminal justice agency."  Any court, including the minor
     judiciary, with criminal jurisdiction or any other governmental
     agency, or subunit thereof, created by statute or by the State
     or Federal constitutions, specifically authorized to perform as
     its principal function the administration of criminal justice,
     and which allocates a substantial portion of its annual budget
     to such function. Criminal justice agencies include, but are not
     limited to: organized State and municipal police departments,
     local detention facilities, county, regional and State
     correctional facilities, probation agencies, district or
     prosecuting attorneys, parole boards, pardon boards, the
     facilities and administrative offices of the Department of
     Public Welfare that provide care, guidance and control to
     adjudicated delinquents, and such agencies or subunits thereof,
     as are declared by the Attorney General to be criminal justice
     agencies as determined by a review of applicable statutes and
     the State and Federal Constitutions or both.
        "Disposition."  Information indicating that criminal
     proceedings have been concluded, including information
     disclosing that police have elected not to refer a matter for
     prosecution, that a prosecuting authority has elected not to
     commence criminal proceedings or that a grand jury has failed to
     indict and disclosing the nature of the termination of the
     proceedings; or information disclosing that proceedings have
     been indefinitely postponed and also disclosing the reason for
     such postponement. Dispositions of criminal proceedings in the
     Commonwealth shall include, but not be limited to, acquittal,
     acquittal by reason of insanity, pretrial probation or
     diversion, charge dismissed, guilty plea, nolle prosequi, no
     information filed, nolo contendere plea, convicted, abatement,
     discharge under rules of the Pennsylvania Rules of Criminal
     Procedure, demurrer sustained, pardoned, sentence commuted,
     mistrial-defendant discharged, discharge from probation or
     parole or correctional supervision.
        "Dissemination."  The oral or written transmission or
     disclosure of criminal history record information to individuals
     or agencies other than the criminal justice agency which
     maintains the information.
        "Expunge."
            (1)  To remove information so that there is no trace or
        indication that such information existed;
            (2)  to eliminate all identifiers which may be used to
        trace the identity of an individual, allowing remaining data
        to be used for statistical purposes; or
            (3)  maintenance of certain information required or
        authorized under the provisions of section 9122(c) (relating
        to expungement), when an individual has successfully
        completed the conditions of any pretrial or posttrial
        diversion or probation program.
        "Intelligence information."  Information concerning the
     habits, practices, characteristics, possessions, associations or
     financial status of any individual compiled in an effort to
     anticipate, prevent, monitor, investigate or prosecute criminal
     activity. Notwithstanding the definition of "treatment
     information" contained in this section, intelligence information
     may include information on prescribing, dispensing, selling,
     obtaining or using a controlled substance as defined in the act
     of April 14, 1972 (P.L.233, No.64), known as The Controlled
     Substance, Drug, Device and Cosmetic Act.
        "Investigative information."  Information assembled as a
     result of the performance of any inquiry, formal or informal,
     into a criminal incident or an allegation of criminal wrongdoing
     and may include modus operandi information.
        "Police blotter."  A chronological listing of arrests,
     usually documented contemporaneous with the incident, which may
     include, but is not limited to, the name and address of the
     individual charged and the alleged offenses.
        "Repository."  Any location in which criminal history record
     information is collected, compiled, maintained and disseminated
     by a criminal justice agency.
        "Treatment information."  Information concerning medical,
     psychiatric, psychological or other rehabilitative treatment
     provided, suggested or prescribed for any individual charged
     with or convicted of a crime.
     (Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982,
     P.L.476, No.138, eff. 180 days; Dec. 19, 1990, P.L.1332, No.207,
     eff. imd.; Nov. 29, 2004, P.L.1349, No.173, eff. 60 days)

        2004 Amendment.  Act 173 amended the def. of "criminal
     justice agency."
        1990 Amendment.  Act 207 amended the defs. of "intelligence
     information" and "treatment information."
        1982 Amendment.  Act 138 amended the defs. of "criminal
     justice agency," "expunge" and "intelligence information" and
     added the def. of "police blotter."
        1979 Amendment.  Act 127 amended the def. of "criminal
     history record information," added the defs. of "automated
     systems," "intelligence information," "investigative
     information" and "treatment information" and deleted the def. of
     "secondary dissemination."
        Cross References.  Section 9102 is referred to in section
     6309 of Title 42 (Judiciary and Judicial Procedure); section
     2303 of Title 44 (Law and Justice); section 2162 of Title 53
     (Municipalities Generally).