PRINTER'S NO. 1678
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1142
Session of
2018
INTRODUCED BY BROWNE, HUGHES, MARTIN, COSTA, EICHELBERGER,
TOMLINSON, LANGERHOLC, VULAKOVICH, VOGEL, GORDNER, FONTANA,
ARGALL, SABATINA, BREWSTER, SCHWANK, RESCHENTHALER, BOSCOLA,
BLAKE, LEACH, YUDICHAK, FARNESE, HAYWOOD, TARTAGLIONE,
WILLIAMS, KILLION, RAFFERTY AND MENSCH, APRIL 20, 2018
REFERRED TO EDUCATION, APRIL 20, 2018
AN ACT
Establishing the Safe2Say Program; and providing methods of
anonymous reporting concerning unsafe activities in schools.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Safe2Say Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Attorney General." The Attorney General of the
Commonwealth.
"In camera review." An inspection of materials by the court,
in chambers, to determine what materials are discoverable.
"Law enforcement agency." The Office of Attorney General, a
district attorney's office or an agency that employs a law
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enforcement officer.
"Office." The Office of Attorney General of the
Commonwealth.
"Program." The Safe2Say Program established under section
3(a).
Section 3. Safe2Say Program.
(a) Establishment.--The Safe2Say Program is established
within the office.
(b) Administration.--The Attorney General shall administer
the program established under this act pursuant to the
requirements under subsection (c).
(c) Program requirements.--Beginning January 1, 2019, the
program shall contain all of the following procedures:
(1) For anonymous reporting concerning unsafe,
potentially harmful, dangerous, violent or criminal
activities in schools or the threat of the activities in
schools.
(2) To ensure that the identity of the individual making
a report remains unknown to any person, including law
enforcement officers and employees of the office.
(3) To ensure that information obtained from an
individual making a report who voluntarily discloses his or
her identity and verifies that he or she is willing to be
identified may be shared with law enforcement officers,
employees of the office and school officials.
(4) To ensure that if the identity of an individual
making a report becomes known through a means other than
voluntary disclosure, the identity is not further disclosed.
(5) To promptly establish procedures to forward
information received by the program to the appropriate law
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enforcement agency, school official or organization, as
determined by the office. The office may not be held liable
for investigation of a report made to the program following
confirmation of receipt of the report by the appropriate law
enforcement agency, school official or organization.
(6) To train or provide instruction to individuals,
including, but not limited to, emergency dispatch centers,
schools and school districts, on appropriate awareness and
response to the program.
(7) To provide program awareness and education materials
to participating schools and school districts.
Section 4. Confidentiality.
(a) Disclosure.--A record created or obtained through the
implementation or operation of the program shall be
confidential. A person may not disclose a record of the program.
A record may only be released as authorized under this act.
(b) Right-to-Know.--A record of the program shall not be
subject to the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
(c) Penalty.--An individual who discloses a record in
violation of this section commits a misdemeanor of the first
degree.
(d) Administration.--The office shall promulgate regulations
and adopt all guidelines necessary for the establishment of the
program and administration of this act.
Section 5. Judicial proceeding.
(a) General rule.--A person implementing, operating or
working for the program may not be compelled to produce a record
except pursuant to a court order. The motion of the Commonwealth
or a criminal defendant to the court shall be supported by an
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affidavit establishing that the material contains evidence.
(b) In camera review.--If the Commonwealth's or criminal
defendant's motion is granted under subsection (a), the court
shall conduct an ex parte in camera review of the record
produced under the motion of the Commonwealth or a criminal
defendant.
(c) Decision by court.--After a review of the record under
subsection (b), if the court determines that the record should
be released, the court may order the record to be produced to
the Commonwealth and criminal defendant pursuant to a protective
order that includes:
(1) the redaction of the identity of the individual who
made the report; and
(2) limitations, if any, on the use of the materials.
(d) Sealed record.--After a decision by the court under
subsection (c), a record not produced to the Commonwealth or a
criminal defendant shall be sealed and preserved in the judicial
record of the court and may be made available on appeal.
(e) Return of record.--After the expiration of any appeal
period, the court shall return each record to the program.
(f) Standing.--The Attorney General shall have standing in
any action to oppose the disclosure of a record in the custody
of the program.
Section 6. Annual report.
(a) General rule.--No later than August 1 of each year, the
office shall prepare and submit a report to the chairperson and
minority chairperson of the Appropriations Committee of the
Senate, the chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives, the
chairperson and minority chairperson of the Education Committee
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of the Senate and the chairperson and minority chairperson of
the Education Committee of the House of Representatives.
(b) Contents of report.--The report shall, at a minimum,
include:
(1) The number of reports received for the previous
school year.
(2) The total number of reports received since the
program began.
(3) A breakdown of the reports by type.
(4) A breakdown of the method by which the report was
received.
(5) A breakdown of the report by school district.
(6) The total cost to operate the program, including
staffing costs, administrative costs and support costs.
(7) Any other information the Attorney General deems
appropriate.
Section 7. Effective date.
This act shall take effect immediately.
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