THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY EICHELBERGER, ERICKSON, STOUT AND WOZNIAK, JUNE 5, 2009

REFERRED TO JUDICIARY, JUNE 5, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

form of permanent recordation and for copies of destroyed

records.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 4323 and 4324 of Title 42 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 4323.  Form of permanent recordation.

[Records which are classified as records of permanent value

shall, prior to destruction or other removal from the office of

the person having custody thereof, be processed in conformity

with general rules so that they may be reproduced by any

photostatic, photographic, microphotographic, microfilm, video

tape, magnetic tape, or other mechanical process which produces

a clear, accurate and permanent copy, microcopy or reproduction

of the original, in accordance with standards not less than

those approved for permanent records by the National Bureau of

Standards.] Any photostatic, photographic, microphotographic,

microfilm, microcard, miniature photographic, optical,

electronic or other process which accurately reproduces the

original and forms a durable medium for recording, storing and

reproducing the original in accordance with standards, policies

and procedures for the creation, maintenance, transmission or

reproduction of images of records approved by the governing

authority may be utilized for reproducing records as authorized

in accordance with this subchapter. Any document within the

scope of this section and which previously has been recorded,

copied or recopied also may be reproduced by processes

authorized by this section.

§ 4324.  Copies of destroyed records.

The photostatic, photographic, microphotographic,

microfilmed, miniature photographic, optical, electronic or

otherwise reproduced copy of any record destroyed or disposed of

as authorized pursuant to this subchapter, or a certified copy

thereof, shall be admissible in evidence in any matter, and

shall have the same force and effect as though the original

record had been produced and proved. It shall be the duty of the

person who would have had custody of the original record, had it

not been destroyed pursuant to law, to prepare enlarged, typed

or photographic copies of such reproduced records whenever their

production is required.

Section 2.  This act shall take effect immediately.