PRIOR PRINTER'S NO. 1665 PRINTER'S NO. 1914
No. 1427 Session of 1989
INTRODUCED BY CALTAGIRONE AND MOEHLMANN, MAY 22, 1989
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 31, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for criminal history
3 record information.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9106 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 9106. Prohibited information.
9 Intelligence information, investigative information and <--
10 treatment information shall not be collected [in the central
11 repository nor] in any automated or electronic criminal justice
12 information system. This prohibition shall not preclude the
13 collection [in the central repository or] in any automated or
14 electronic criminal justice information system of names, words,
15 numbers, phrases or other similar index keys to serve as indices
16 to investigative reports. This section does not apply to the
17 Pennsylvania Crime Commission; the Pennsylvania State Police;
1 the Office of Attorney General; the Department of Corrections;
2 the Pennsylvania Board of Probation and Parole; the Board of
3 Pardons; the Pennsylvania Commission on Crime and Delinquency;
4 the Pennsylvania Commission on Sentencing; countywide prisons
5 and jails; countywide probation and parole offices; countywide
6 law enforcement agencies, including district attorneys' offices;
7 and police departments of municipalities.
8 (A) GENERAL RULE.-- <--
9 (1) INTELLIGENCE INFORMATION, INVESTIGATIVE INFORMATION
10 AND TREATMENT INFORMATION SHALL NOT BE COLLECTED IN THE
11 CENTRAL REPOSITORY [NOR IN ANY AUTOMATED OR ELECTRONIC
12 CRIMINAL JUSTICE INFORMATION SYSTEM]. THIS PROHIBITION SHALL
13 NOT PRECLUDE THE COLLECTION IN THE CENTRAL REPOSITORY [OR IN
14 ANY AUTOMATED OR ELECTRONIC CRIMINAL JUSTICE INFORMATION
15 SYSTEM] OF NAMES, WORDS, NUMBERS, PHRASES OR OTHER SIMILAR
16 INDEX KEYS TO SERVE AS INDICES TO INVESTIGATIVE REPORTS.
17 (2) INTELLIGENCE INFORMATION, INVESTIGATIVE INFORMATION
18 AND TREATMENT INFORMATION CONTAINED IN THE FILES OF ANY
19 CRIMINAL JUSTICE AGENCY MAY BE PLACED WITHIN AN AUTOMATED OR
20 ELECTRONIC CRIMINAL JUSTICE INFORMATION SYSTEM, PROVIDED THAT
21 ACCESS TO THE INTELLIGENCE INFORMATION, INVESTIGATIVE
22 INFORMATION AND TREATMENT INFORMATION CONTAINED IN THE
23 AUTOMATED OR ELECTRONIC CRIMINAL JUSTICE INFORMATION SYSTEM
24 IS RESTRICTED TO AUTHORIZED EMPLOYEES OF THAT AGENCY AND
25 CANNOT BE ACCESSED BY PERSONS OUTSIDE OF THE AGENCY.
26 (B) DISSEMINATION OF PROHIBITED INFORMATION.--
27 (1) INTELLIGENCE INFORMATION, INVESTIGATIVE INFORMATION
28 AND TREATMENT INFORMATION SHALL NOT BE DISSEMINATED TO ANY
29 DEPARTMENT, AGENCY OR INDIVIDUAL UNLESS:
30 (I) THE AGENCY REQUESTING THE INFORMATION IS A
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1 CRIMINAL JUSTICE AGENCY; OR
2 (II) THE INFORMATION IS DISSEMINATED WITH THE
3 CONSENT OF THE INDIVIDUAL ABOUT WHOM IT RELATES.
4 (2) CRIMINAL JUSTICE AGENCIES MAY REQUEST AND MAY
5 RECEIVE INTELLIGENCE INFORMATION, INVESTIGATIVE INFORMATION
6 AND TREATMENT INFORMATION ONLY IN CONNECTION WITH THE DUTIES
7 OF THE CRIMINAL JUSTICE AGENCY.
8 (C) SECURITY OF INFORMATION.--A CRIMINAL JUSTICE AGENCY OR
9 OTHER ENTITY WHICH POSSESSES INFORMATION PROTECTED BY THIS
10 SECTION, YET WHICH IS NOT THE SOURCE OF THE INFORMATION, MAY
11 MAKE USE OF OR DISCLOSE SUCH INFORMATION TO THE EXTENT THAT SUCH
12 USE OR DISCLOSURE IS APPROPRIATE TO THE PROPER PERFORMANCE OF
13 THE CRIMINAL JUSTICE AGENCY USING OR DISCLOSING THE INFORMATION,
14 OTHERWISE THE CRIMINAL JUSTICE AGENCY MAY NOT DISSEMINATE SUCH
15 INFORMATION. AGENCIES AND INDIVIDUALS RECEIVING INTELLIGENCE
16 INFORMATION, INVESTIGATIVE INFORMATION OR TREATMENT INFORMATION
17 ASSUME EQUAL RESPONSIBILITY FOR THE SECURITY OF SUCH INFORMATION
18 AS THE ORIGINATING AGENCY.
19 (D) NOTATIONS ON RECORD.--CRIMINAL JUSTICE AGENCIES
20 MAINTAINING INTELLIGENCE INFORMATION, INVESTIGATIVE INFORMATION
21 OR TREATMENT INFORMATION MUST ENTER, AS A PERMANENT PART OF AN
22 INDIVIDUAL'S INFORMATION FILE, A LISTING OF ALL PERSONS AND
23 AGENCIES TO WHOM THEY HAVE DISSEMINATED THAT PARTICULAR
24 INFORMATION, THE DATE OF DISSEMINATION AND THE PURPOSE FOR WHICH
25 THE INFORMATION WAS DISSEMINATED. THIS LISTING SHALL BE
26 MAINTAINED SEPARATE FROM THE RECORD ITSELF.
27 (E) SECURITY REQUIREMENTS.--EVERY CRIMINAL JUSTICE AGENCY
28 COLLECTING, STORING OR DISSEMINATING INTELLIGENCE INFORMATION,
29 INVESTIGATIVE INFORMATION OR TREATMENT INFORMATION SHALL ENSURE
30 THE CONFIDENTIALITY AND SECURITY OF SUCH INFORMATION BY
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1 PROVIDING THAT WHEREVER SUCH INFORMATION IS MAINTAINED, A
2 CRIMINAL JUSTICE AGENCY MUST:
3 (1) INSTITUTE PROCEDURES TO REASONABLY PROTECT ANY
4 REPOSITORY FROM THEFT, FIRE, SABOTAGE, FLOOD, WIND OR OTHER
5 NATURAL OR MANMADE DISASTERS.
6 (2) SELECT, SUPERVISE AND TRAIN ALL PERSONNEL AUTHORIZED
7 TO HAVE ACCESS TO INTELLIGENCE INFORMATION, INVESTIGATIVE
8 INFORMATION OR TREATMENT INFORMATION.
9 (3) ENSURE THAT, WHERE COMPUTERIZED DATA PROCESSING IS
10 EMPLOYED, THE EQUIPMENT UTILIZED FOR MAINTAINING INTELLIGENCE
11 INFORMATION, INVESTIGATIVE INFORMATION OR TREATMENT
12 INFORMATION IS SOLELY DEDICATED TO PURPOSES RELATED TO THE
13 ADMINISTRATION OF CRIMINAL JUSTICE, OR IF THE EQUIPMENT IS
14 NOT USED SOLELY FOR THE ADMINISTRATION OF CRIMINAL JUSTICE,
15 THE CRIMINAL JUSTICE AGENCY SHALL BE ACCORDED EQUAL
16 MANAGEMENT PARTICIPATION IN COMPUTER OPERATIONS USED TO
17 MAINTAIN THE INTELLIGENCE INFORMATION, INVESTIGATIVE
18 INFORMATION OR TREATMENT INFORMATION.
19 (F) PENALTIES.--ANY PERSON, INCLUDING ANY AGENCY OR
20 ORGANIZATION, WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL
21 BE SUBJECT TO THE ADMINISTRATIVE PENALTIES AS PROVIDED IN
22 SECTION 9181 (RELATING TO GENERAL ADMINISTRATIVE SANCTIONS) AND
23 THE CIVIL PENALTIES AS PROVIDED IN SECTION 9183 (RELATING TO
24 CIVIL ACTIONS).
25 Section 2. This act shall take effect in 60 days.
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