PRINTER'S NO. 645
No. 595 Session of 2007
INTRODUCED BY ORIE, COSTA, FONTANA, GORDNER, C. WILLIAMS, TARTAGLIONE, ERICKSON, BROWNE, RAFFERTY, LOGAN, KITCHEN AND STACK, MARCH 20, 2007
REFERRED TO JUDICIARY, MARCH 20, 2007
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
2 Relations) of the Pennsylvania Consolidated Statutes, further
3 providing for the disclosure of certain criminal history
4 record information and certain information related to abuse
5 to the Domestic Violence Fatality Review Board and to any
6 domestic violence fatality review team; establishing the
7 Domestic Violence Fatality Review Program, the Domestic
8 Violence Fatality Review Board and domestic violence fatality
9 review teams and providing for their powers and duties; and
10 fixing penalties for certain violations related to the
11 Domestic Violence Fatality Review Program.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 9104(d) and 9121(b.1) of Title 18 of the
15 Pennsylvania Consolidated Statutes are amended to read:
16 § 9104. Scope.
17 * * *
18 (d) Certain disclosures authorized.--
19 (1) Nothing in this chapter shall prohibit a criminal
20 justice agency from disclosing an individual's prior criminal
21 activity to an individual or agency if the information
22 disclosed is based on records set forth in subsection (a).
1 (2) Nothing in this chapter shall prohibit a criminal 2 justice agency from disclosing criminal history record 3 information and intelligence information, investigative 4 information, treatment information, including medical and 5 psychological information, caution indicator information, 6 modus operandi information, missing persons information, 7 employment history information, personal history information 8 or presentence investigative information to members of a 9 Domestic Violence Fatality Review Board established under 23 10 Pa.C.S. Ch. 68 (relating to Domestic Violence Fatality Review 11 Program) and authorized under that chapter to investigate and 12 analyze domestic violence-related fatalities. 13 * * * 14 § 9121. General regulations. 15 * * * 16 (b.1) Exception.--Subsection (b)(1) and (2) shall not apply 17 [if]: 18 (1) If the request is made by a county children and 19 youth agency or the Department of Public Welfare in the 20 performance of duties relating to children and youth under 21 the act of June 24, 1937 (P.L.2017, No.396), known as the 22 County Institution District Law, section 2168 of the act of 23 August 9, 1955 (P.L.323, No.130), known as The County Code, 24 the act of June 13, 1967 (P.L.31, No.21), known as the Public 25 Welfare Code, 23 Pa.C.S. Ch. 63 (relating to child protective 26 services) or 42 Pa.C.S. Ch. 63 (relating to juvenile 27 matters). 28 (2) If the request is made by a domestic violence 29 fatality review team or the Domestic Violence Fatality Review 30 Board established under 23 Pa.C.S. Ch. 68 (relating to 20070S0595B0645 - 2 -
1 Domestic Violence Fatality Review Program) and authorized 2 under that chapter to investigate and analyze domestic 3 violence-related fatalities. 4 * * * 5 Section 2. Section 6340(a) of Title 23 is amended by adding 6 a paragraph to read: 7 § 6340. Release of information in confidential reports. 8 (a) General rule.--Reports specified in section 6339 9 (relating to confidentiality of reports) shall only be made 10 available to: 11 * * * 12 (10.1) Members of a domestic violence fatality review 13 team and members of the Domestic Violence Fatality Review 14 Board established under Ch. 68 (relating to Domestic Violence 15 Fatality Review Program) and authorized under that chapter to 16 investigate and analyze domestic violence-related fatalities. 17 * * * 18 Section 3. Title 23 is amended by adding a chapter to read: 19 CHAPTER 68 20 DOMESTIC VIOLENCE FATALITY REVIEW PROGRAM 21 Sec. 22 6801. Short title of chapter. 23 6802. Definitions. 24 6803. Domestic Violence Fatality Review Program. 25 6804. Domestic violence fatality review teams. 26 6805. Domestic Violence Fatality Review Board. 27 6806. Access to records. 28 6807. Confidentiality. 29 6808. Offense. 30 § 6801. Short title of chapter. 20070S0595B0645 - 3 -
1 This chapter shall be known and may be cited as the Domestic 2 Violence Fatality Review Act. 3 § 6802. Definitions. 4 The following words and phrases when used in this chapter 5 shall have the meanings given to them in this section unless the 6 context clearly indicates otherwise: 7 "Domestic Violence Fatality Review Board" or "board." A 8 multidisciplinary, Statewide panel that advises domestic 9 violence fatality review teams and recommends Statewide 10 improvements in domestic violence investigation, intervention 11 and prevention efforts. 12 "Domestic violence fatality review team" or "review team." A 13 multidisciplinary team that reviews domestic violence-related 14 fatalities in a local jurisdiction. 15 "Domestic violence-related fatality." A death resulting from 16 or relating to an act of abuse as defined in section 6102 17 (relating to definitions), including the fatality of a victim, 18 perpetrator, family member, partner or bystander. 19 § 6803. Domestic Violence Fatality Review Program. 20 (a) Establishment.--The Office of Attorney General and a 21 domestic violence center as defined in section 2333(e) of the 22 act of April 9, 1929 (P.L.177, No.175), known as The 23 Administrative Code of 1929, shall establish a program to be 24 known as the Domestic Violence Fatality Review Program. This 25 program shall establish a Domestic Violence Fatality Review 26 Board and domestic violence fatality review teams with the 27 purpose of investigating domestic violence-related fatalities 28 and identifying gaps in systemic responses to domestic violence, 29 as well as recommending improvements in domestic violence 30 investigations, interventions and prevention efforts throughout 20070S0595B0645 - 4 -
1 this Commonwealth. 2 (b) Administration.--The Office of Attorney General and a 3 domestic violence center as defined in section 2333(e) of The 4 Administrative Code of 1929 shall coordinate the activities of 5 the board and shall be jointly responsible for the provision of 6 standard protocols, training and technical assistance to review 7 teams. 8 (c) Case selection.--Review teams and the board shall only 9 review domestic violence-related fatalities in which: 10 (1) no criminal charges have been filed against a 11 perpetrator associated with a domestic violence-related 12 fatality and the chief law enforcement officer of the 13 jurisdiction indicates that no criminal charges will be 14 filed; or 15 (2) all criminal legal proceedings associated with a 16 domestic violence-related fatality have been closed. 17 § 6804. Domestic violence fatality review teams. 18 (a) General rule.--It shall be the duty of a domestic 19 violence fatality review team to do all of the following: 20 (1) Gather information regarding the events leading to 21 and facts surrounding incidences of domestic violence-related 22 fatalities. 23 (2) Analyze information gathered regarding domestic 24 violence-related fatalities. 25 (3) Identify trends, patterns and risk factors resulting 26 from domestic violence-related fatality investigations. 27 (4) Examine and assess service delivery related to 28 domestic violence. 29 (5) Provide aggregated fatality review reports to the 30 board pursuant to section 6805 (relating to Domestic Violence 20070S0595B0645 - 5 -
1 Fatality Review Board). 2 (b) Protocols.--Review teams shall establish a protocol for 3 the investigation of domestic violence-related fatalities in 4 consultation with the board pursuant to section 6805(b). 5 (c) Location.--A review team may be established in any 6 jurisdiction or combination of jurisdictions. 7 (d) Membership.--Membership of a review team may include 8 court personnel, law enforcement, medical professionals, victim 9 advocates and any other individual or entity that the review 10 team deems appropriate for the conduct of the review. 11 (e) Additional duties.--In furtherance of the purposes of 12 this section, review teams may recommend any or all of the 13 following: 14 (1) Changes in legislation, regulations, policies, 15 budgets, treatment and service standards that may facilitate 16 the reduction of domestic violence-related fatalities. 17 (2) Prevention and intervention strategies. 18 (3) Public awareness strategies. 19 (4) Strategies for enhanced interagency coordination. 20 § 6805. Domestic Violence Fatality Review Board. 21 (a) Powers and duties.--The Domestic Violence Fatality 22 Review Board shall do all of the following: 23 (1) Advise and consult with review teams. 24 (2) Provide education and technical assistance to review 25 teams. 26 (3) Develop minimum data collection guidelines for 27 review teams. 28 (4) Receive summary fatality review reports from review 29 teams. 30 (5) Analyze data from the reports of review teams to 20070S0595B0645 - 6 -
1 identify Statewide trends and patterns associated with 2 domestic violence-related fatalities. 3 (6) Recommend changes to domestic violence prevention, 4 intervention and investigation efforts and monitor the 5 implementation of these recommendations. 6 (7) Prepare an annual report of findings, 7 recommendations and steps taken to implement recommendations 8 subject to the following requirements: 9 (i) The annual report shall not contain information 10 identifying any victim or alleged perpetrator of domestic 11 violence or their family members. 12 (ii) The annual report shall be submitted to the 13 public and the Governor on September 1 of each year and 14 shall be presented at a joint meeting of the Judiciary 15 Committee of the Senate and the Judiciary Committee of 16 the House of Representatives at a public hearing. 17 (b) Membership.--At a minimum, the board shall be comprised 18 of a designee from: 19 (1) The Office of Attorney General. 20 (2) A domestic violence center as defined in section 21 2333(e) of the act of April 9, 1929 (P.L.177, No.175), known 22 as The Administrative Code of 1929, to be chosen by a 23 majority vote of the board from a list of at least three 24 centers provided by the Pennsylvania Coalition Against 25 Domestic Violence. 26 (3) Two local domestic violence programs as defined in 27 section 2333(e) of The Administrative Code of 1929 to be 28 chosen by a majority vote of the board from a list of at 29 least six programs provided by the Pennsylvania Coalition 30 Against Domestic Violence. 20070S0595B0645 - 7 -
1 (4) The Office of Physician General. 2 (5) The Office of Victim Advocate. 3 (6) The Pennsylvania Board of Probation and Parole. 4 (7) The Pennsylvania State Police. 5 (8) The Administrative Office of Pennsylvania Courts. 6 (9) Three community members impacted by domestic 7 violence or a domestic violence-related fatality to be chosen 8 by a majority vote of the board from a list of at least nine 9 community members provided by the Pennsylvania Coalition 10 Against Domestic Violence. 11 (10) The Pennsylvania Commission on Crime and 12 Delinquency. 13 (11) An eligible legal services provider as defined in 14 42 Pa.C.S. section 4903 (relating to definitions). 15 (12) The State association of sheriffs authorized by the 16 act of June 14, 1923 (P.L.774, No.305), entitled "An act 17 authorizing the sheriffs of the several counties of this 18 Commonwealth to organize themselves into a State Association, 19 for the purpose of holding annual meetings, to secure more 20 uniformity and cooperation in the conduct of their offices, 21 and providing for the payment of certain expenses in 22 connection with such meetings by the various counties." 23 (13) A rape crisis center, as defined in section 2333(e) 24 of The Administrative Code of 1929, to be selected by a 25 majority vote of the board. 26 (14) The State association for district attorneys as 27 provided in section 440 of the act of August 9, 1955 28 (P.L.323, No.130), known as The County Code, to be selected 29 by a majority vote of the board. 30 (15) Two members of the Senate appointed by the 20070S0595B0645 - 8 -
1 President pro tempore, one from the majority party and one 2 from the minority party. 3 (16) Two members of the House of Representatives 4 appointed by the Speaker, one from the majority party and one 5 from the minority party. 6 (17) Any other person that the board by a majority vote 7 deems appropriate. 8 (c) Initial board organization.--The initial organization of 9 the board shall consist of the designees under subsection 10 (b)(1), (4), (5), (6), (7), (8), (10), (11), (12), (15) and 11 (16). After these members are organized into the board, that 12 board shall act to name designees to the board under subsection 13 (b)(2), (3), (9), (13), (14) and (17). Thereafter, the board 14 shall conduct its normal business. 15 § 6806. Access to records. 16 (a) General rule.--Review teams and the board shall have 17 access to and may review the following records to the extent 18 permitted by law or court rule: 19 (1) Guardian ad litem reports, parenting evaluations and 20 victim impact statements. 21 (2) Media accounts. 22 (3) Protection from abuse documents, transcripts, 23 violations and other materials as produced by the courts and 24 law enforcement officials. 25 (4) Criminal history record information. 26 (5) Law enforcement incident documentation from closed 27 cases, such as incident reports, dispatch records, victim, 28 witness and suspect reports. 29 (6) Medical examiners' and coroners' reports. 30 (7) Records of court proceedings. 20070S0595B0645 - 9 -
1 (8) Documents, reports and evaluations prepared in 2 conjunction with court proceedings pursuant to general or 3 local court rules. 4 (9) Probation and parole information. 5 (10) Reports to animal control. 6 (11) Presentence interviews and reports, and any 7 recommendations made regarding bail and release on own 8 recognizance. 9 (12) Investigative reports from the Office of Children, 10 Youth and Families. 11 (13) Statements from witnesses, friends, family and 12 employers of the victim and perpetrator. 13 (14) Any other information determined to be relevant to 14 the review that will not jeopardize an ongoing investigation 15 or prosecution. 16 (b) Court order.--In the event that the custodian of the 17 records, pursuant to subsection (a), refuses a request for 18 records by a review team or the board, the court shall issue an 19 order directing the custodian of the records to comply with the 20 request. 21 (c) Confidentiality of information.--Review teams and the 22 board shall maintain the confidentiality of such information to 23 the extent required by any applicable law. 24 (d) Immunity.--An entity, individual or institution that in 25 good faith provides information or records to a review team or 26 the board is immune from civil or criminal liability that might 27 otherwise be imposed as a result of providing these records or 28 information. 29 § 6807. Confidentiality. 30 (a) Signed confidentiality agreement.--Each member of a 20070S0595B0645 - 10 -
1 review team and the board and any person appearing before them 2 shall be required to sign a confidentiality agreement created by 3 the board in order to maintain the confidentiality of the 4 proceedings. 5 (b) Confidentiality of proceedings, deliberations and 6 opinions.--The proceedings, deliberations and opinions of the 7 review teams and the board and their members are privileged and 8 confidential, except as otherwise provided by this chapter. 9 Information known to or opinions held by members of a review 10 team or the board and any person who presents information to a 11 review team or the board shall not be subject to discovery, 12 subpoena or introduction into evidence in any civil or criminal 13 action, except as otherwise provided in this chapter. 14 (c) Confidentiality of records.--The records of a review 15 team and the board are privileged and confidential, except as 16 otherwise provided by this chapter. Records of a review team and 17 the board shall not be subject to discovery, subpoena or 18 introduction into evidence in any civil or criminal action, 19 except as otherwise provided in this chapter. 20 (1) All records brought to a review team by a person or 21 agency remain the property of that person or agency. These 22 records shall be maintained by the person or agency to which 23 the records belong. 24 (2) All records produced by a review team are the 25 property of that review team. These records, including the 26 names of victims, alleged perpetrators and family members, as 27 well as documents relating to the proceedings, opinions and 28 deliberations of a review team and the board shall be kept 29 confidential and shall not be subject to the provisions of 30 section 2 of the act of June 21, 1957 (P.L.390, No. 212), 20070S0595B0645 - 11 -
1 referred to as the Right-to-Know Law. 2 (3) All records produced by the board are the property 3 of the board. These records, including the names of victims, 4 alleged perpetrators and family members, as well as documents 5 relating to the proceedings, opinions and deliberations of a 6 review team or the board shall be kept confidential and shall 7 not be subject to the provisions of section 2 of the Right- 8 to-Know Law. 9 (4) Release of aggregated statistics, scenarios, annual 10 reports, recommendations and other nonidentifying information 11 by a review team or the board shall not constitute a breach 12 of confidentiality as outlined in this section. 13 (d) Discovery.--Nothing in this section shall be construed 14 to restrict or limit the right to discover or use in any civil 15 or criminal action any evidence that is discoverable independent 16 of the proceedings of review teams or the board. 17 (e) Immunity of members.--The board and its members and any 18 review team and its members acting within the scope of this 19 program are immune from all civil liability resulting from an 20 act or omission arising out of and in the course of the board's 21 or the review team's performance of that activity, unless the 22 act or omission was the result of gross negligence, recklessness 23 or intentional misconduct. This section shall not be construed 24 to limit any other immunity provided by statute or common law. 25 § 6808. Offense. 26 Whoever discloses, makes use of or knowingly permits the use 27 of information concerning a victim or other persons in violation 28 of this chapter commits a summary offense. 29 Section 4. This act shall take effect July 1, 2007. A12L18JS/20070S0595B0645 - 12 -