PRIOR PRINTER'S NO. 2159 PRINTER'S NO. 2402
No. 1734 Session of 1987
INTRODUCED BY DeWEESE, MOEHLMANN, HECKLER, BLAUM, KOSINSKI,
HAGARTY, McHALE, CALTAGIRONE, MAIALE, KUKOVICH, BALDWIN AND
JOSEPHS, SEPTEMBER 28, 1987
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 28, 1987
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 access to and disclosure of certain confidential information.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 8721, 8722 and 8724 of Title 42 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 8721. Definitions.
9 The following words and phrases when used in this subchapter
10 shall have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 "Confidential information." Any records, files, data or
13 information, withheld as confidential, whether pursuant to
14 statute or otherwise, by any Commonwealth agency from the
15 Attorney General, a district attorney, the Pennsylvania Crime
16 Commission, the State Ethics Commission or a committee or
17 subcommittee of either House of the General Assembly having
1 subpoena power to investigate criminal activity. The term shall
2 not include personal income tax information or the investigative
3 or intelligence files of the State Police, the Attorney General
4 or the Pennsylvania Crime Commission.
5 "Crime Commission." The Pennsylvania Crime Commission
6 existing under the act of October 4, 1978 (P.L.876, No.169),
7 known as the "Pennsylvania Crime Commission Act."
8 "State Ethics Commission." The State Ethics Commission
9 existing under the act of October 4, 1978 (P.L.883, No.170),
10 referred to as the Public Official and Employee Ethics Law.
11 § 8722. Petition for access to confidential information.
12 The Attorney General, a district attorney, the Executive
13 Director of the Crime Commission acting pursuant to a resolution
14 of the Crime Commission, the Executive Director of the State
15 Ethics Commission acting pursuant to a resolution of the Ethics
16 Commission or a committee or subcommittee of either House of the
17 General Assembly having subpoena power to investigate criminal
18 activity, may ex parte petition any judge of the Commonwealth
19 Court for an order providing access to confidential information.
20 § 8724. Disclosure of confidential information.
21 (a) General rule.--Disclosure of confidential information
22 shall be limited as follows:
23 (1) disclosure by the Commonwealth agency holding such
24 information shall be limited to persons personally and
25 directly engaged in the ongoing investigation by the
26 petitioner under section 8723 (relating to grounds for
27 access); and
28 (2) disclosure by the petitioner:
29 (i) in the case of the Attorney General or a
30 district attorney, shall be limited to judicial or
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1 administrative proceedings;
2 (ii) in the case of the Crime Commission, shall be
3 limited to official reports; [and]
4 (iii) in the case of the State Ethics Commission,
5 shall be limited to administrative proceedings AND <--
6 ORDERS; and
7 (iv) in the case of a committee or subcommittee of
8 either House of the General Assembly, shall be limited to
9 regular meetings of the committee or subcommittee or
10 debate on the floor.
11 (b) Contents of order.--Commonwealth Court orders entered
12 under section 8723 shall specifically limit the disclosure of
13 confidential information as provided in subsection (a).
14 Section 2. This act shall take effect immediately.
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