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) 
<-10(c), in a criminal proceeding [counsel], including a grand jury 
11or investigating grand jury proceeding and a criminal 
12investigation, <-the following shall apply:

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

<-19(2) Counsel shall not be competent or permitted to

<-20(b) Work product.--Except as set fourth in subsection (c), 
21in a criminal proceeding, including a grand jury or 
22investigating grand jury proceeding and a criminal 
23investigation, counsel shall not be compelled to and shall not 
24be competent or permitted to testify or to otherwise disclose
25material that contains the counsel's mental impressions,
26conclusions, opinions, memoranda, notes or summaries or legal
27research or theories; nor shall the client be compelled to
28disclose the same.

<-29(b) (c) Exceptions.--

30(1) Subsection <-(a)(1) (a) shall not apply if:

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

2(ii) the communications were made for the purpose of 
3receiving or giving advice for the commission of a crime 
4or fraud.

5(2) Subsection <-(a)(2) (b) shall not apply if:

6(i) the privilege is waived by the client or the
7counsel; or

8(ii) the material was prepared for the purpose of
9giving advice for the commission of a crime or fraud.

<-10(c) (d) Definitions.--As used in this section, the following
11words and phrases shall have the meanings given to them in this
12subsection unless the context clearly indicates otherwise:

<-13"Client." Includes a government unit and each of its
14employees.

15"Counsel." Includes counsel employed by or under contract
16with a government unit.

17§ 5928. Confidential communications to and from attorney.

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

20(1) Counsel counsel shall not be <-compelled to and shall not 
21be competent or permitted to testify to confidential 
22communications made to [him by his client] counsel by the 
23counsel's client or by counsel to the counsel's client, nor 
24shall the client be compelled to disclose the same[, unless in 
25either case this privilege is waived upon the trial by the 
26client].

<-27(2) Counsel shall not be competent or permitted to

<-28(b) Work product.--Except as set forth in subsection (c), in 
29a civil matter, counsel shall not be compelled to and shall not 
30be competent or permitted to testify or to otherwise disclose

1material that contains the counsel's mental impressions,
2conclusions, opinions, memoranda, notes or summaries or legal
3research or theories; nor shall the client be compelled to
4disclose the same.

<-5(b) (c) Exceptions.--

6(1) Subsection <-(a)(1) (a) shall not apply if:

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

8(ii) the communications were made for the purpose of 
9receiving or giving advice for the commission of a crime 
10or fraud.

11(2) Subsection <-(a)(2) (b) shall not apply if:

12(i) the privilege is waived by the client or the
13counsel; or

14(ii) the material was prepared for the purpose of
15giving advice for the commission of a crime or fraud.

<-16(c) (d) Definitions.--As used in this section, the following
17words and phrases shall have the meanings given to them in this
18subsection unless the context clearly indicates otherwise:

<-19"Client." Includes a government unit and each of its
20employees.

21"Counsel." Includes counsel employed by or under contract
22with a government unit.

23Section 3. Section 9799.36 of Title 42 is amended by adding
24a subsection to read:

25§ 9799.36. Counseling of sexually violent predators.

26* * *

27(d) Notification.--A provider of counseling services under
28subsection (a) shall notify the district attorney of the county
29and the chief law enforcement officer, as defined in section 
308951 (relating to definitions), of the municipality in the

1county and municipality where the provider is located that the
2provider is counseling sexually violent predators. Notifications
3under this subsection must be submitted in writing by January 15
4of each year and shall include the address of the provider.

<-5Section 2. This act shall take effect in 60 days.

<-6Section 4. Section 208 of the act of October 15, 1980 
7(P.L.950, No.164), known as the Commonwealth Attorneys Act, is 
8repealed to the extent it is inconsistent with the amendment of 
942 Pa.C.S. §§ 5916 and 5928.

10Section <-5 4. This act shall take effect as follows:

11(1) The following provisions shall take effect
12immediately:

13(i) Section 1 of this act.

14(ii) This section.

15(2) The remainder of this act shall take effect in 60
16days.