THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY D. O'BRIEN, CLYMER, HARHAI, HESS, MILNE, PASHINSKI, SWANGER, VULAKOVICH AND WAGNER, APRIL 12, 2011

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in criminal history record

information, further providing for information in central

repository or automated systems.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9106(c)(1) and (d) of Title 18 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 9106.  Information in central repository or automated systems.

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(c)  Dissemination of protected information.--

(1)  Intelligence information may be placed within an

automated or electronic criminal justice information system

and disseminated or secondarily disseminated only if the

following apply:

(i)  The information is reliable as determined by an

authorized intelligence officer.

(ii)  The department, agency or individual requesting

the information is a criminal justice agency which has

policies and procedures adopted by the Office of Attorney

General in consultation with the Pennsylvania State

Police which are consistent with this act and include:

(A)  Designation of an intelligence officer or

officers by the head of the criminal justice agency

or his designee.

(B)  Adoption of administrative, technical and

physical safeguards, including audit trails, to

insure against unauthorized access and against

intentional or unintentional damages.

(C)  Labeling information to indicate levels of

sensitivity and levels of confidence in the

information.

(iii)  The information is requested in connection

with the duties of the criminal justice agency requesting

the information, and the request for information is based

upon a name, fingerprints, modus operandi, genetic

typing, voice print or other identifying characteristic.

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[(d)  Secondary dissemination prohibited.--A criminal justice

agency which possesses information protected by this section,

but which is not the source of the information, shall not

disseminate or disclose the information to another criminal

justice agency but shall refer the requesting agency to the

agency which was the source of the information. This prohibition

shall not apply if the agency receiving the information is

investigating or prosecuting a criminal incident in conjunction

with the agency possessing the information. Agencies receiving

information protected by this section assume the same level of

responsibility for the security of such information as the

agency which was the source of the information.]

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Section 2.  This act shall take effect in 60 days.