PRINTER'S NO. 460
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.477
Session of
2025
INTRODUCED BY McNEILL, CEPEDA-FREYTIZ, BURGOS, HILL-EVANS,
GIRAL, KHAN, PROBST, PIELLI, RIVERA, SANCHEZ, NEILSON,
SCHLOSSBERG, OTTEN, KRUPA, BOROWSKI AND HADDOCK,
FEBRUARY 4, 2025
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 4, 2025
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in nomination of candidates, providing for
background checks for candidates for school district office.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding a
section to read:
Section 910.1. Background Checks for Candidates for School
District Office.--(a) At the time of filing a candidate's
nomination petition and a candidate's affidavit, each candidate
for any school district office shall file the following with the
Department of State:
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22 (1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
history record information), a report of criminal history record
information from the Pennsylvania State Police or a statement
from the Pennsylvania State Police that the State Police central
repository contains no criminal history information relating to
that candidate. The criminal history record information shall be
limited to that which is disseminated under 18 Pa.C.S. § 9121(b)
(2) (relating to general regulations).
(2) A certification from the Department of Human Services as
to whether the candidate is named in the Statewide database as
the alleged perpetrator in a pending child abuse investigation
or as the perpetrator of a founded report or an indicated
report.
(3) A report of Federal criminal history record information.
The candidate shall submit a full set of fingerprints to the
Pennsylvania State Police for the purpose of a record check, and
the Pennsylvania State Police or its authorized agent shall
submit the fingerprints to the Federal Bureau of Investigation
for the purpose of verifying the identity of the candidate and
obtaining a current record of any criminal arrests and
convictions.
(b) A candidate for any school district office shall be
deemed ineligible for office if:
(1) The Department of Human Services verifies that the
candidate is named in the Statewide database as the perpetrator
of a founded report committed within the five-year period
immediately preceding verification pursuant to this section.
(2) The candidate's criminal history record information
indicates that the candidate has been convicted of any of the
following offenses or an equivalent crime under Federal law or
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30 the law of another state:
(i) 18 Pa.C.S. Ch. 25 (relating to criminal homicide).
(ii) 18 Pa.C.S. § 2702 (relating to aggravated assault).
(iii) 18 Pa.C.S. § 2709.1 (relating to stalking).
(iv) 18 Pa.C.S. § 2718 (relating to strangulation).
(v) 18 Pa.C.S. § 2901 (relating to kidnapping).
(vi) 18 Pa.C.S. § 2902 (relating to unlawful restraint).
(vii) 18 Pa.C.S. § 3121 (relating to rape).
(viii) 18 Pa.C.S. § 3122.1 (relating to statutory sexual
assault).
(ix) 18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
(x) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(xi) 18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(xii) 18 Pa.C.S. § 3126 (relating to indecent assault).
(xiii) 18 Pa.C.S. § 3127 (relating to indecent exposure).
(xiv) 18 Pa.C.S. § 3301 (relating to arson and related
offenses).
(xv) 18 Pa.C.S. § 4302 (relating to incest).
(xvi) 18 Pa.C.S. § 4303 (relating to concealing death of
child).
(xvii) 18 Pa.C.S. § 4304 (relating to endangering welfare of
children).
(xviii) 18 Pa.C.S. § 4305 (relating to dealing in infant
children).
(xix) A felony offense under 18 Pa.C.S. § 5902(b) (relating
to prostitution and related offenses).
(xx) 18 Pa.C.S. § 5903(c) or (d) (relating to obscene and
other sexual materials and performances).
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30 (xxi) 18 Pa.C.S. § 6301 (relating to corruption of minors).
(xxii) 18 Pa.C.S. § 6312 (relating to sexual abuse of
children).
(xxiii) The attempt, solicitation or conspiracy to commit an
offense under this paragraph.
(3) The candidate's criminal history record information
indicates that the candidate has been convicted of a felony
offense under the act of April 14, 1972 (P.L.233, No.64), known
as "The Controlled Substance, Drug, Device and Cosmetic Act,"
committed within the five-year period immediately preceding
verification under this section.
(4) The candidate's criminal history record information
indicates that the candidate has been convicted of an offense
under 18 U.S.C. § 2261 (relating to interstate domestic
violence) or 2262 (relating to interstate violation of
protection order).
(5) The candidate's name appears on the National Crime
Information Center National Sex Offender Registry or on a
state's sex offender registry.
(6) The candidate's name appears on a Statewide database or
its equivalent as a perpetrator of child abuse.
(c) A candidate for any school district office deemed
ineligible for office under this section shall not appear on a
ballot for school district office in any election.
(d) The Department of State shall promulgate rules and
regulations necessary to carry out this section.
Section 2. The addition of section 910.1 of the act shall
apply to elections held 180 days after the effective date of
this section.
Section 3. This act shall take effect immediately.
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