PRINTER'S NO. 3414
No. 2390 Session of 2006
INTRODUCED BY GRELL, SHAPIRO, BEBKO-JONES, BELARDI, BEYER, BOYD,
CALTAGIRONE, COHEN, CORNELL, CRAHALLA, FREEMAN, GEIST,
HARHAI, HARPER, HERMAN, JAMES, M. KELLER, KILLION, KOTIK,
LEACH, MANN, S. MILLER, MUNDY, MYERS, O'NEILL, PARKER,
PISTELLA, PYLE, QUIGLEY, RAPP, REED, ROSS, RUBLEY, SAINATO,
SCHRODER, SIPTROTH, SONNEY, E. Z. TAYLOR, J. TAYLOR, THOMAS,
TIGUE, TRUE, TURZAI, WATERS, WATSON, WOJNAROSKI AND
YOUNGBLOOD, JANUARY 25, 2006
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 25, 2006
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
2 Relations) of the Pennsylvania Consolidated Statutes, further
3 providing for the disclosure of certain criminal history
4 record information and certain information related to abuse
5 to the Domestic Violence Fatality Review Board and to any
6 domestic violence fatality review team; establishing the
7 Domestic Violence Fatality Review Program, the Domestic
8 Violence Fatality Review Board and domestic violence fatality
9 review teams and providing for their powers and duties and
10 fixing penalties for certain violations related to the
11 Domestic Violence Fatality Review Program.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 9104(d) of Title 18 of the Pennsylvania
15 Consolidated Statutes is amended to read:
16 § 9104. Scope.
17 * * *
18 (d) Certain disclosures authorized.--
19 (1) Nothing in this chapter shall prohibit a criminal
1 justice agency from disclosing an individual's prior criminal
2 activity to an individual or agency if the information
3 disclosed is based on records set forth in subsection (a).
4 (2) Nothing in this chapter shall prohibit a criminal
5 justice agency from disclosing criminal history record
6 information and intelligence information, investigative
7 information, treatment information, including medical and
8 psychological information, caution indicator information,
9 modus operandi information, missing persons information,
10 employment history information, personal history information
11 or presentence investigative information to members of a
12 Domestic Violence Fatality Review Board established under 23
13 Pa.C.S. Ch. 68 (relating to Domestic Violence Fatality Review
14 Program) and authorized under that chapter to investigate and
15 analyze domestic violence-related fatalities.
16 * * *
17 Section 2. Section 9121(b.1) of Title 18 is amended to read:
18 § 9121. General regulations.
19 * * *
20 (b.1) Exception.--Subsection (b)(1) and (2) shall not apply:
21 (1) If the request is made by a county children and
22 youth agency or the Department of Public Welfare in the
23 performance of duties relating to children and youth under
24 the act of June 24, 1937 (P.L.2017, No.396), known as the
25 County Institution District Law, section 2168 of the act of
26 August 9, 1955 (P.L.323, No.130), known as The County Code,
27 the act of June 13, 1967 (P.L.31, No.21), known as the Public
28 Welfare Code, 23 Pa.C.S. Ch. 63 (relating to child protective
29 services) or 42 Pa.C.S. Ch. 63 (relating to juvenile
30 matters).
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1 (2) If the request is made by a domestic violence
2 fatality review team or the Domestic Violence Fatality Review
3 Board established under 23 Pa.C.S. Ch. 68 and authorized
4 under that chapter to investigate and analyze domestic
5 violence-related fatalities.
6 * * *
7 Section 3. Section 6340(a) of Title 23 is amended by adding
8 a paragraph to read:
9 § 6340. Release of information in confidential reports.
10 (a) General rule.--Reports specified in section 6339
11 (relating to confidentiality of reports) shall only be made
12 available to:
13 * * *
14 (10.1) Members of a domestic violence fatality review
15 team and members of the Domestic Violence Fatality Review
16 Board established under Ch. 68 (relating to Domestic Violence
17 Fatality Review Program) and authorized under that chapter to
18 investigate and analyze domestic violence-related fatalities.
19 * * *
20 Section 4. Title 23 is amended by adding a chapter to read:
21 CHAPTER 68
22 DOMESTIC VIOLENCE FATALITY REVIEW PROGRAM
23 Sec.
24 6801. Short title of chapter.
25 6802. Definitions.
26 6803. Domestic Violence Fatality Review Program.
27 6804. Domestic violence fatality review teams.
28 6805. Domestic Violence Fatality Review Board.
29 6806. Access to records.
30 6807. Confidentiality.
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1 6808. Penalties.
2 § 6801. Short title of chapter.
3 This chapter shall be known and may be cited as the Domestic
4 Violence Fatality Review Act.
5 § 6802. Definitions.
6 The following words and phrases when used in this chapter
7 shall have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Domestic Violence Fatality Review Board" or "board." A
10 multidisciplinary, Statewide panel that advises domestic
11 violence fatality review teams and recommends Statewide
12 improvements in domestic violence investigation, intervention
13 and prevention efforts.
14 "Domestic violence fatality review team" or "review team." A
15 multidisciplinary team that reviews domestic violence-related
16 fatalities in a local jurisdiction.
17 "Domestic violence-related fatality." A death resulting from
18 or relating to an act of abuse as defined in section 6102
19 (relating to definitions), including the fatality of a victim,
20 perpetrator, family member, partner or bystander.
21 § 6803. Domestic Violence Fatality Review Program.
22 (a) Establishment.--The Office of Attorney General and a
23 domestic violence center as defined in section 2333(e) of the
24 act of April 9, 1929 (P.L.177, No.175), known as The
25 Administrative Code of 1929, shall establish a program to be
26 known as the Domestic Violence Fatality Review Program. This
27 program shall establish a Domestic Violence Fatality Review
28 Board and domestic violence fatality review teams with the
29 purpose of investigating domestic violence-related fatalities
30 and identifying gaps in systemic responses to domestic violence,
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1 as well as recommending improvements in domestic violence
2 investigations, interventions and prevention efforts throughout
3 this Commonwealth.
4 (b) Administration.--The Office of Attorney General and a
5 domestic violence center as defined in section 2333(e) of the
6 act of April 9, 1929 (P.L.177, No.175), known as The
7 Administrative Code of 1929, shall coordinate the activities of
8 the board and shall be jointly responsible for the provision of
9 standard protocols, training and technical assistance to review
10 teams.
11 (c) Case selection.--Review teams and the board shall only
12 review domestic violence-related fatalities in which:
13 (1) no criminal charges have been filed against a
14 perpetrator associated with a domestic violence-related
15 fatality and the chief law enforcement officer of the
16 jurisdiction indicates that no criminal charges will be
17 filed; or
18 (2) all criminal legal proceedings associated with a
19 domestic violence-related fatality have been closed.
20 § 6804. Domestic violence fatality review teams.
21 (a) General rule.--It shall be the duty of a domestic
22 violence fatality review team to do all of the following:
23 (1) Gather information regarding the events leading to
24 and facts surrounding incidences of domestic violence-related
25 fatalities.
26 (2) Analyze information gathered regarding domestic
27 violence-related fatalities.
28 (3) Identify trends, patterns and risk factors resulting
29 from domestic violence-related fatality investigations.
30 (4) Examine and assess service delivery related to
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1 domestic violence.
2 (5) Provide aggregated fatality review reports to the
3 board pursuant to section 6805 (relating to Domestic Violence
4 Fatality Review Board).
5 (b) Protocols.--Review teams shall establish a protocol for
6 the investigation of domestic violence-related fatalities in
7 consultation with the board pursuant to section 6805(b).
8 (c) Location.--A review team may be established in any
9 jurisdiction or combination of jurisdictions.
10 (d) Membership.--Membership of a review team may include
11 court personnel, law enforcement, medical professionals, victim
12 advocates and any other individual or entity that the review
13 team deems appropriate for the conduct of the review.
14 (e) Additional duties.--In furtherance of the purposes of
15 this section, review teams may recommend any or all of the
16 following:
17 (1) Changes in legislation, regulations, policies,
18 budgets, treatment and service standards that may facilitate
19 the reduction of domestic violence-related fatalities.
20 (2) Prevention and intervention strategies.
21 (3) Public awareness strategies.
22 (4) Strategies for enhanced interagency coordination.
23 § 6805. Domestic Violence Fatality Review Board.
24 (a) Powers and duties.--The Domestic Violence Fatality
25 Review Board shall do all of the following:
26 (1) Advise and consult with review teams.
27 (2) Provide education and technical assistance to review
28 teams.
29 (3) Develop minimum data collection guidelines for
30 review teams.
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1 (4) Receive summary fatality review reports from review
2 teams.
3 (5) Analyze data from the reports of review teams to
4 identify Statewide trends and patterns associated with
5 domestic violence-related fatalities.
6 (6) Recommend changes to domestic violence prevention,
7 intervention and investigation efforts and monitor the
8 implementation of these recommendations.
9 (7) Prepare an annual report of findings,
10 recommendations and steps taken to implement recommendations
11 subject to the following requirements:
12 (i) The annual report shall not contain information
13 identifying any victim or alleged perpetrator of domestic
14 violence or their family members.
15 (ii) The annual report shall be submitted to the
16 public and the Governor on September 1 of each year and
17 shall be presented at a joint meeting of the Judiciary
18 Committee of the Senate and the Judiciary Committee of
19 the House of Representatives at a public hearing.
20 (b) Membership.--At a minimum, the board shall be comprised
21 of a designee from:
22 (1) The Office of Attorney General.
23 (2) A domestic violence center as defined in section
24 2333(e) of the act of April 9, 1929 (P.L.177, No.175), known
25 as The Administrative Code of 1929, to be chosen by a
26 majority vote of the board from a list of at least three
27 centers provided by the Pennsylvania Coalition Against
28 Domestic Violence.
29 (3) Two local domestic violence programs as defined in
30 section 2333(e) of The Administrative Code of 1929 to be
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1 chosen by a majority vote of the board from a list of at
2 least six programs provided by the Pennsylvania Coalition
3 Against Domestic Violence.
4 (4) The Office of Physician General.
5 (5) The Office of Victim Advocate.
6 (6) The Pennsylvania Board of Probation and Parole.
7 (7) The Pennsylvania State Police.
8 (8) The Administrative Office of Pennsylvania Courts.
9 (9) Three community members impacted by domestic
10 violence or a domestic violence-related fatality to be chosen
11 by a majority vote of the board from a list of at least nine
12 community members provided by the Pennsylvania Coalition
13 Against Domestic Violence.
14 (10) The Pennsylvania Commission on Crime and
15 Delinquency.
16 (11) An eligible legal services provider as defined in
17 42 Pa.C.S. section 4903 (relating to definitions).
18 (12) The State association of sheriffs authorized by the
19 act of June 14, 1923 (P.L.774, No.305), entitled "An act
20 authorizing the sheriffs of the several counties of this
21 Commonwealth to organize themselves into a State Association,
22 for the purpose of holding annual meetings, to secure more
23 uniformity and cooperation in the conduct of their offices,
24 and providing for the payment of certain expenses in
25 connection with such meetings by the various counties."
26 (13) A rape crisis center, as defined in section 2333(e)
27 of The Administrative Code of 1929, to be selected by a
28 majority vote of the board.
29 (14) The State association for district attorneys as
30 provided in section 440 of the act of August 9, 1955
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1 (P.L.323, No.130), known as The County Code, to be selected
2 by a majority vote of the board.
3 (15) Two members of the Senate appointed by the
4 President pro tempore, one from the majority party and one
5 from the minority party.
6 (16) Two members of the House of Representatives
7 appointed by the Speaker, one from the majority party and one
8 from the minority party.
9 (17) Any other person that the board by a majority vote
10 deems appropriate.
11 (c) Initial board organization.--The initial organization of
12 the board shall consist of the designees under subsection
13 (b)(1), (4), (5), (6), (7), (8), (10), (11), (12), (15) and
14 (16). After these members are organized into the board, that
15 board shall act to name designees to the board under subsection
16 (b)(2), (3), (9), (13), (14) and (17). Thereafter the board
17 shall conduct its normal business.
18 § 6806. Access to records.
19 (a) General rule.--Review teams and the board shall have
20 access to and may review the following records to the extent
21 permitted by law or court rule:
22 (1) Guardian ad litem reports, parenting evaluations and
23 victim impact statements.
24 (2) Media accounts.
25 (3) Protection from abuse documents, transcripts,
26 violations and other materials as produced by the courts and
27 law enforcement officials.
28 (4) Criminal history record information.
29 (5) Law enforcement incident documentation from closed
30 cases, such as incident reports, dispatch records, victim,
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1 witness and suspect reports.
2 (6) Medical examiners' and coroners' reports.
3 (7) Records of court proceedings.
4 (8) Documents, reports and evaluations prepared in
5 conjunction with court proceedings pursuant to general or
6 local court rules.
7 (9) Probation and parole information.
8 (10) Reports to animal control.
9 (11) Presentence interviews and reports, and any
10 recommendations made regarding bail and release on own
11 recognizance.
12 (12) Investigative reports from the Office of Children,
13 Youth and Families.
14 (13) Statements from witnesses, friends, family and
15 employers of the victim and perpetrator.
16 (14) Any other information determined to be relevant to
17 the review that will not jeopardize an ongoing investigation
18 or prosecution.
19 (b) Court order.--In the event that the custodian of the
20 records, pursuant to subsection (a), refuses a request for
21 records by a review team or the board, the court shall issue an
22 order directing the custodian of the records to comply with the
23 request.
24 (c) Confidentiality of information.--Review teams and the
25 board shall maintain the confidentiality of such information to
26 the extent required by any applicable law.
27 (d) Immunity.--An entity, individual or institution that in
28 good faith provides information or records to a review team or
29 the board is immune from civil or criminal liability that might
30 otherwise be imposed as a result of providing these records or
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1 information.
2 § 6807. Confidentiality.
3 (a) Signed confidentiality agreement.--Each member of a
4 review team and the board and any person appearing before them
5 shall be required to sign a confidentiality agreement created by
6 the board in order to maintain the confidentiality of the
7 proceedings.
8 (b) Confidentiality of proceedings, deliberations and
9 opinions.--The proceedings, deliberations and opinions of the
10 review teams and the board and their members are privileged and
11 confidential, except as otherwise provided by this chapter.
12 Information known to or opinions held by members of a review
13 team or the board and any person who presents information to a
14 review team or the board shall not be subject to discovery,
15 subpoena or introduction into evidence in any civil or criminal
16 action, except as otherwise provided in this chapter.
17 (c) Confidentiality of records.--The records of a review
18 team and the board are privileged and confidential, except as
19 otherwise provided by this chapter. Records of a review team and
20 the board shall not be subject to discovery, subpoena or
21 introduction into evidence in any civil or criminal action,
22 except as otherwise provided in this chapter.
23 (1) All records brought to a review team by a person or
24 agency remain the property of that person or agency. These
25 records shall be maintained by the person or agency to which
26 the records belong.
27 (2) All records produced by a review team are the
28 property of that review team. These records, including the
29 names of victims, alleged perpetrators and family members, as
30 well as documents relating to the proceedings, opinions and
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1 deliberations of a review team and the board shall be kept
2 confidential and shall not be subject to the provisions of
3 section 2 of the act of June 21, 1957 (P.L.390, No. 212),
4 referred to as the Right-to-Know Law.
5 (3) All records produced by the board are the property
6 of the board. These records, including the names of victims,
7 alleged perpetrators and family members, as well as documents
8 relating to the proceedings, opinions and deliberations of a
9 review team or the board shall be kept confidential and shall
10 not be subject to the provisions of section 2 of the Right-
11 to-Know Law.
12 (4) Release of aggregated statistics, scenarios, annual
13 reports, recommendations and other nonidentifying information
14 by a review team or the board shall not constitute a breach
15 of confidentiality as outlined in this section.
16 (d) Discovery.--Nothing in this section shall be construed
17 to restrict or limit the right to discover or use in any civil
18 or criminal action any evidence that is discoverable independent
19 of the proceedings of review teams or the board.
20 (e) Immunity of members.--The board and its members and any
21 review team and its members acting within the scope of this
22 program are immune from all civil liability resulting from an
23 act or omission arising out of and in the course of the board's
24 or the review team's performance of that activity, unless the
25 act or omission was the result of gross negligence, recklessness
26 or intentional misconduct. This section shall not be construed
27 to limit any other immunity provided by statute or common law.
28 § 6808. Penalties.
29 Whoever discloses, makes use of or knowingly permits the use
30 of information concerning a victim or other persons in violation
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1 of this chapter commits a summary offense.
2 Section 5. This act shall take effect July 1, 2006.
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