1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, further providing for 
<-3confidentiality issues in the areas of attorney-client 
4privilege and FOR counseling of sexually violent predators<-; 
5and making a related repeal.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

<-8Section 1. Section 9799.36 of Title 42 of the Pennsylvania
9Consolidated Statutes is amended by adding a subsection to read:

<-10Section 1. The General Assembly finds and declares as
11follows:

12(1) Confidentiality represents a serious issue in the
13administration of justice.

14(2) The issue under paragraph (1) affects:

15(i) legal representation;

16(ii) criminal investigation; and

17(iii) the authority of the Attorney General.

18(3) The purpose of this act is to address the areas

1under paragraph (2).

2(4) The amendment of 42 Pa.C.S. §§ 5916 and 5928 shall
3not be construed to be an expansion of the applicability of
4the act of October 15, 1980 (P.L.950, No.164), known as the 
5Commonwealth Attorneys Act.

6Section 2. Sections 5916 and 5928 of Title 42 of the 
7Pennsylvania Consolidated Statutes are amended to read:

8§ 5916. Confidential communications to and from attorney.

9[In] (a) Privilege.--Except as set forth in subsection (b), 
10in a criminal proceeding [counsel], including a grand jury or 
11investigating grand jury proceeding and a criminal 
12investigation, the following shall apply:

13(1) Counsel shall not be competent or permitted to
14testify to confidential communications made to [him by his
15client] counsel by the counsel's client or by counsel to the 
16counsel's client, nor shall the client be compelled to
17disclose the same[, unless in either case this privilege is
18waived by the client].

19(2) Counsel shall not be competent or permitted to
20testify or to otherwise disclose material that contains the
21counsel's mental impressions, conclusions, opinions,
22memoranda, notes or summaries or legal research or theories;
23nor shall the client be compelled to disclose the same.

24(b) Exceptions.--

25(1) Subsection (a)(1) shall not apply if:

26(i) the privilege is waived by the client; or

27(ii) the communications were made for the purpose of 
28receiving or giving advice for the commission of a crime 
29or fraud.

30(2) Subsection (a)(2) shall not apply if:

1(i) the privilege is waived by the client or the
2counsel; or

3(ii) the material was prepared for the purpose of
4giving advice for the commission of a crime or fraud.

5(c) Definitions.--As used in this section, the following
6words and phrases shall have the meanings given to them in this
7subsection unless the context clearly indicates otherwise:

8"Client." Includes a government unit and each of its
9employees.

10"Counsel." Includes counsel employed by or under contract
11with a government unit.

12§ 5928. Confidential communications to and from attorney.

13[In] (a) Privilege.--Except as set forth in subsection (b), 
14in a civil matter [counsel], the following shall apply:

15(1) Counsel shall not be competent or permitted to 
16testify to confidential communications made to [him by his 
17client] counsel by the counsel's client or by counsel to the 
18counsel's client, nor shall the client be compelled to 
19disclose the same[, unless in either case this privilege is 
20waived upon the trial by the client].

21(2) Counsel shall not be competent or permitted to
22testify or to otherwise disclose material that contains the
23counsel's mental impressions, conclusions, opinions,
24memoranda, notes or summaries or legal research or theories;
25nor shall the client be compelled to disclose the same.

26(b) Exceptions.--

27(1) Subsection (a)(1) shall not apply if:

28(i) the privilege is waived by the client; or

29(ii) the communications were made for the purpose of 
30receiving or giving advice for the commission of a crime
 

1or fraud.

2(2) Subsection (a)(2) shall not apply if:

3(i) the privilege is waived by the client or the
4counsel; or

5(ii) the material was prepared for the purpose of
6giving advice for the commission of a crime or fraud.

7(c) Definitions.--As used in this section, the following
8words and phrases shall have the meanings given to them in this
9subsection unless the context clearly indicates otherwise:

10"Client." Includes a government unit and each of its
11employees.

12"Counsel." Includes counsel employed by or under contract
13with a government unit.

14Section 3. Section 9799.36 of Title 42 is amended by adding
15a subsection to read:

16§ 9799.36. Counseling of sexually violent predators.

17* * *

18(d) Notification.--A provider of counseling services under
19subsection (a) shall notify the district attorney of the county
20and the chief law enforcement officer, as defined in section 
218951 (relating to definitions), of the municipality in the
22county and municipality where the provider is located that the
23provider is counseling sexually violent predators. Notifications
24under this subsection must be submitted in writing by January 15
25of each year and shall include the address of the provider.

<-26Section 2. This act shall take effect in 60 days.

<-27Section 4. Section 208 of the act of October 15, 1980 
28(P.L.950, No.164), known as the Commonwealth Attorneys Act, is 
29repealed to the extent it is inconsistent with the amendment of 
3042 Pa.C.S. §§ 5916 and 5928.

1Section 5. This act shall take effect as follows:

2(1) The following provisions shall take effect
3immediately:

4(i) Section 1 of this act.

5(ii) This section.

6(2) The remainder of this act shall take effect in 60
7days.