HOUSE AMENDED
PRIOR PRINTER'S NOS. 226, 476 PRINTER'S NO. 2119
No. 224 Session of 1977
INTRODUCED BY HILL, MURRAY, HOWARD, O'PAKE, SCANLON, ZEMPRELLI,
COPPERSMITH, HOLL AND SWEENEY, FEBRUARY 7, 1977
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 12, 1978
AN ACT
1 Granting the discretionary right to trial judges to dispose of <--
2 post trial motions in criminal cases at the rendition of the
3 verdict.
4 PROVIDING FOR THE AVAILABILITY OF OTHERWISE CONFIDENTIAL <--
5 INFORMATION FOR INVESTIGATIVE PURPOSES.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Immediately after a verdict is received, the <--
9 trial judge may require motions for a new trial, and in arrest
10 of judgment, to be presented and argued forthwith; and, in the
11 event the motions are dismissed, judgment shall thereupon be
12 entered on the verdict.
13 In any case in which motions are argued forthwith, a party
14 shall be permitted to present, on a subsequent appeal, any issue
15 or matter which was properly and timely raised during the course
16 of or prior to the trial.
17 Section 2. The trial judge may in his discretion give leave
18 for the filing of such motions within such time as he shall fix.
1 Section 3. This act shall take effect immediately.
2 SECTION 1. DEFINITIONS. <--
3 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
4 HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
5 MEANINGS GIVEN TO THEM IN THIS SECTION:
6 "CONFIDENTIAL INFORMATION." ANY RECORDS, FILES, DATA OR
7 INFORMATION, WITHHELD AS CONFIDENTIAL, WHETHER PURSUANT TO
8 STATUTE OR OTHERWISE, BY ANY DEPARTMENT, AGENCY, BUREAU, BOARD
9 OR COMMISSION FROM THE ATTORNEY GENERAL, A DISTRICT ATTORNEY,
10 THE PENNSYLVANIA CRIME COMMISSION, OR A COMMITTEE OR
11 SUBCOMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY HAVING
12 SUBPOENA POWER TO INVESTIGATE CRIMINAL ACTIVITY. THE TERM SHALL
13 NOT INCLUDE PERSONAL INCOME TAX INFORMATION, OR THE
14 INVESTIGATIVE OR INTELLIGENCE FILES OF THE STATE POLICE, THE
15 ATTORNEY GENERAL OR THE PENNSYLVANIA CRIME COMMISSION.
16 SECTION 2. PETITION.
17 THE ATTORNEY GENERAL, A DISTRICT ATTORNEY, THE EXECUTIVE
18 DIRECTOR OF THE CRIME COMMISSION ACTING PURSUANT TO A RESOLUTION
19 OF THE CRIME COMMISSION, OR A COMMITTEE OR SUBCOMMITTEE OF
20 EITHER HOUSE OF THE GENERAL ASSEMBLY HAVING SUBPOENA POWER TO
21 INVESTIGATE CRIMINAL ACTIVITY, MAY EX PARTE PETITION ANY JUDGE
22 OF THE COMMONWEALTH COURT FOR AN ORDER PROVIDING ACCESS TO
23 CONFIDENTIAL INFORMATION.
24 SECTION 3. GROUNDS FOR ORDER.
25 ANY JUDGE OF THE COMMONWEALTH COURT SHALL ENTER AN ORDER
26 PROVIDING ACCESS TO CONFIDENTIAL INFORMATION, IF ON THE BASIS OF
27 A PETITION UNDER SECTION 2 HE FINDS THAT:
28 (1) THE PETITIONER IS ENGAGED IN AN ONGOING
29 INVESTIGATION OF CRIMINAL ACTIVITY; AND
30 (2) A DEPARTMENT, AGENCY, BUREAU, BOARD OR COMMISSION
19770S0224B2119 - 2 -
1 MAY HAVE CONFIDENTIAL INFORMATION REASONABLY RELATED TO SUCH
2 AN INVESTIGATION.
3 SECTION 4. DISCLOSURE OF CONFIDENTIAL INFORMATION; CONTENTS OF
4 ORDER.
5 (A) DISCLOSURE OF CONFIDENTIAL INFORMATION SHALL BE LIMITED
6 AS FOLLOWS:
7 (1) DISCLOSURE BY THE DEPARTMENT, AGENCY, BUREAU, BOARD
8 OR COMMISSION HOLDING SUCH INFORMATION SHALL BE LIMITED TO
9 PERSONS PERSONALLY AND DIRECTLY ENGAGED IN THE ONGOING
10 INVESTIGATION BY THE PETITIONER UNDER SECTION 3; AND
11 (2) DISCLOSURE BY THE PETITIONER;
12 (I) IN THE CASE OF THE ATTORNEY GENERAL OR A
13 DISTRICT ATTORNEY, SHALL BE LIMITED TO JUDICIAL OR
14 ADMINISTRATIVE PROCEEDINGS;
15 (II) IN THE CASE OF THE PENNSYLVANIA CRIME
16 COMMISSION, SHALL BE LIMITED TO OFFICIAL REPORTS; AND
17 (III) IN THE CASE OF A COMMITTEE OR SUBCOMMITTEE OF
18 EITHER HOUSE OF THE GENERAL ASSEMBLY, SHALL BE LIMITED TO
19 REGULAR MEETINGS OF THE COMMITTEE OR SUBCOMMITTEE OR
20 DEBATE ON THE FLOOR.
21 (B) COMMONWEALTH COURT ORDERS ENTERED UNDER SECTION 3 SHALL
22 SPECIFICALLY LIMIT THE DISCLOSURE OF CONFIDENTIAL INFORMATION AS
23 PROVIDED IN SUBSECTION (A).
24 SECTION 5. CRIMINAL PENALTIES FOR IMPROPER DISCLOSURE.
25 ANY PERSON WHO DISCLOSES ANY CONFIDENTIAL INFORMATION OTHER
26 THAN AS PROVIDED IN SECTION 4 SHALL BE GUILTY OF A FELONY OF THE
27 THIRD DEGREE.
28 SECTION 6. CIVIL PENALTY.
29 ANY PERSON WHO DISCLOSES ANY CONFIDENTIAL INFORMATION OTHER
30 THAN AS PROVIDED IN SECTION 4 OR OTHERWISE AUTHORIZED BY LAW
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1 SHALL BE LIABLE TO ANY PERSON OR CORPORATION DAMAGED THEREBY, IN
2 AN ACTION FOR INVASION OF PRIVACY FOR THE FOLLOWING:
3 (1) TREBLE THE ACTUAL DAMAGES PROVED.
4 (2) SUCH REASONABLE ATTORNEY FEES AS SHALL BE APPROVED
5 BY THE TRIAL JUDGE.
6 SECTION 7. GOOD FAITH RELIANCE ON A COURT ORDER.
7 GOOD FAITH RELIANCE ON A COURT ORDER ENTERED UNDER THIS ACT
8 SHALL BE A COMPLETE DEFENSE TO ANY CRIMINAL LIABILITY UNDER
9 SECTION 5 OR CIVIL LIABILITY UNDER SECTION 6.
10 SECTION 8. REPEALER.
11 ALL ACTS OR PARTS OF ACTS ARE REPEALED INSOFAR AS THEY ARE
12 INCONSISTENT WITH THIS ACT.
13 SECTION 9. EFFECTIVE DATE.
14 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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