Regular Session 2017-2018 Senate Bill 1142 P.N. 1764

PRIOR PRINTER'S NO. 1678

PRINTER'S NO. 1764

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1142

Session of

2018

INTRODUCED BY BROWNE, HUGHES, MARTIN, COSTA, EICHELBERGER,

TOMLINSON, LANGERHOLC, VULAKOVICH, VOGEL, GORDNER, FONTANA,

ARGALL, SABATINA, BREWSTER, SCHWANK, RESCHENTHALER, BOSCOLA,

BLAKE, LEACH, YUDICHAK, FARNESE, HAYWOOD, TARTAGLIONE,

WILLIAMS, KILLION, RAFFERTY, MENSCH, REGAN, STEFANO AND

BARTOLOTTA, APRIL 20, 2018

AS AMENDED ON THIRD CONSIDERATION, MAY 21, 2018

AN ACT

Establishing the Safe2Say Program; and providing methods of

anonymous reporting concerning unsafe activities in schools.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Safe2Say Act.

SECTION 2. INTENT.

THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:

(1) OVER THE PAST SEVERAL YEARS, SCHOOL SHOOTINGS HAVE

BECOME MORE FREQUENT. THE RECENT SCHOOL SHOOTINGS HAVE SHOWN

THE NEED FOR ROBUST INFORMATION SHARING AND COMMUNICATION

BETWEEN SCHOOLS AND LAW ENFORCEMENT. THE COMMUNICATION IS

NECESSARY TO PREVENT SCHOOL VIOLENCE.

(2) IT IS VITAL THAT THE COMMONWEALTH TAKE AVAILABLE

MEASURES TO CREATE SAFE AND WELCOMING SCHOOL COMMUNITIES.

PROVIDING STUDENTS, TEACHERS AND COMMUNITIES WITH AN

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ANONYMOUS REPORTING MECHANISM IS A PROVEN IMPORTANT TOOL IN

CREATING SAFE AND WELCOMING SCHOOL COMMUNITIES.

(3) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE

SAFE2SAY PROGRAM BE A ONE-STOP SHOP FOR STUDENTS, TEACHERS

AND COMMUNITY MEMBERS TO REPORT BEHAVIOR PERCEIVED TO BE

THREATENING TO AN INDIVIDUAL OR A SCHOOL ENTITY. REPORTS MADE

THROUGH THE ANONYMOUS REPORTING SYSTEM WILL BE REFERRED TO

LOCAL SCHOOLS, LAW ENFORCEMENT AND/OR ORGANIZATIONS.

(4) THE INTENT OF THE GENERAL ASSEMBLY IS FOR THE

SAFE2SAY PROGRAM TO SUPPLEMENT, NOT REPLACE, 911 SERVICES.

THE SAFE2SAY PROGRAM IS INTENDED TO FACILITATE INCREASED

COMMUNICATION BETWEEN LAW ENFORCEMENT, SCHOOL DISTRICTS AND

ORGANIZATIONS.

(5) IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY THAT

THE SAFE2SAY PROGRAM BE USED AS A DISCIPLINARY TOOL FOR

SCHOOL EMPLOYEES. HOWEVER, THERE MAY BE INSTANCES WHERE

INFORMATION OBTAINED THROUGH THE PROGRAM MAY BE SHARED WITH

AND USED BY SCHOOL OFFICIALS.

(6) THE SAFE2SAY PROGRAM IS NOT MEANT TO BE A TOOL FOR

LAW ENFORCEMENT. HOWEVER, THERE MAY BE INSTANCES WHERE

INFORMATION OBTAINED THROUGH THE PROGRAM MAY BE SHARED WITH

AND USED BY LAW ENFORCEMENT.

Section 2 3. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Attorney General." The Attorney General of the

Commonwealth.

"In camera review." An inspection of materials by the court,

in chambers, to determine what materials are discoverable.

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"Law enforcement agency." The Office of Attorney General, a

district attorney's office or an agency that employs a law

enforcement officer. MAY BE PRODUCED OR OTHERWISE PROVIDED TO

ANOTHER PARTY.

"LAW ENFORCEMENT AGENCY." A POLICE DEPARTMENT OF A CITY,

BOROUGH, INCORPORATED TOWN OR TOWNSHIP, THE PENNSYLVANIA STATE

POLICE, DISTRICT ATTORNEYS' OFFICES AND THE OFFICE.

"Office." The Office of Attorney General of the

Commonwealth.

"Program." The Safe2Say Program established under section

3(a) 4(A).

"RECORD OF THE PROGRAM." A RECORD CREATED BY THE OFFICE ON A

TIP RECEIVED FROM THE PROGRAM.

"SCHOOL ENTITY." ANY SCHOOL DISTRICT, INCLUDING A CHARTER

SCHOOL OR CYBER CHARTER SCHOOL, PRIVATE SCHOOL, NONPUBLIC

SCHOOL, INTERMEDIATE UNIT OR AREA VOCATIONAL-TECHNICAL SCHOOL

OPERATING WITHIN THIS COMMONWEALTH.

Section 3 4. Safe2Say Program.

(a) Establishment.--The Safe2Say Program is established

within the office.

(b) Administration.--The Attorney General shall administer

the program established under this act pursuant to the

requirements under subsection (c).

program shall contain all of the following procedures:

(1) For TO ENSURE anonymous reporting concerning unsafe,

potentially harmful, dangerous, violent or criminal

activities in schools A SCHOOL ENTITY or the threat of the

activities in schools A SCHOOL ENTITY.

(2) TO ESTABLISH PROTOCOLS AND PROCEDURES TO PROMPTLY

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NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY VIA 911 CENTERS

WHEN THE PROGRAM RECEIVES AN ANONYMOUS REPORT OF VIOLENT OR

CRIMINAL ACTIVITIES IN A SCHOOL ENTITY THAT POSES AN

IMMEDIATE THREAT OF VIOLENCE OR CRIMINAL ACTIVITY.

(2) (3) To ensure that the identity of the individual

making a report remains unknown to any person, including law

enforcement officers and employees of the office.

(3) (4) To ensure that information obtained from an

individual making a report who voluntarily discloses his or

her identity and verifies that he or she is willing to be

identified may be shared with law enforcement officers,

employees of the office and school officials.

(4) (5) To ensure that if the identity of an individual

making a report becomes known through a means other than

voluntary disclosure, the identity is not further disclosed.

(5) (6) To promptly establish procedures to PROMPTLY

forward information received by the program to the

appropriate law enforcement agency, school official or

organization, as determined by the office. The office may not

be held liable for investigation of a report made to the

program following confirmation of receipt of the report by

the appropriate law enforcement agency, school official or

organization.

(6) (7) To train or provide instruction to individuals,

including, but not limited to, emergency dispatch centers,

schools and school districts AND SCHOOL ENTITIES, on

appropriate awareness and response to the program.

(7) (8) To provide program awareness and education

materials to participating schools and school districts

SCHOOL ENTITIES.

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(9) TO, IN CONSULTATION WITH THE DEPARTMENT OF

EDUCATION, ESTABLISH GUIDELINES SCHOOL ENTITIES MAY UTILIZE

TO RESPOND TO A REPORT RECEIVED FROM THE PROGRAM.

(10) TO WORK WITH SCHOOL ENTITIES, LOCAL LAW ENFORCEMENT

AGENCIES AND ORGANIZATIONS TO IDENTIFY EACH PERSON TO WHOM A

REPORT FROM THE PROGRAM WILL BE SENT.

(D) SCHOOL ENTITY.--EACH SCHOOL ENTITY SHALL DEVELOP

PROCEDURES FOR ASSESSING AND RESPONDING TO REPORTS RECEIVED FROM

THE PROGRAM.

Section 4. Confidentiality.

(a) Disclosure.--A record created or obtained through the

implementation or operation of the program shall be

confidential. A person may not disclose a record of the program.

A record may only be released as authorized under this act.

SECTION 5. CONFIDENTIALITY.

(A) DISCLOSURE.--A RECORD CREATED OR OBTAINED THROUGH THE

IMPLEMENTATION OR OPERATION OF THE PROGRAM SHALL BE

CONFIDENTIAL. A PERSON MAY NOT DISCLOSE A RECORD OF THE PROGRAM

EXCEPT:

(1) TO PROVIDE NOTICE TO THE APPROPRIATE LAW ENFORCEMENT

AGENCY, SCHOOL ENTITY AND ORGANIZATION IN ACCORDANCE WITH THE

PROCEDURES ESTABLISHED UNDER SECTION 4.

(2) UPON ORDER OF THE COURT AS PROVIDED IN SECTION 6.

(b) Right-to-Know.--A record of the program shall not be

subject to the act of February 14, 2008 (P.L.6, No.3), known as

the Right-to-Know Law.

violation of this section commits a misdemeanor of the first

THIRD degree.

(d) Administration.--The office shall promulgate regulations

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and adopt all guidelines necessary for the establishment of the

program and administration of this act, IN CONSULTATION WITH

STATEWIDE ORGANIZATIONS.

(E) FALSE REPORTS.--

(1) A PERSON COMMITS A MISDEMEANOR OF THE THIRD DEGREE

IF THE PERSON KNOWINGLY OR INTENTIONALLY MAKES A FALSE REPORT

TO THE PROGRAM.

(2) IF A REPORT FILED WITH THE PROGRAM IS DETERMINED TO

BE A FALSE REPORT, INFORMATION ABOUT THE SUBJECT OF THE FALSE

REPORT SHALL NOT BE MADE PART OF THE SUBJECT STUDENT'S

RECORD.

Section 5 6. Judicial proceeding.

(a) General rule.--A person implementing, operating or

working for the program may not be compelled to produce a record

except pursuant to a court order. The motion of the Commonwealth

or a criminal defendant to the court shall be supported by an

affidavit establishing that the material contains evidence.

(b) In camera review.--If UPON the Commonwealth's or

criminal defendant's motion is granted under subsection (a), the

court shall conduct an ex parte in camera review of the record

REQUESTED TO BE produced under the motion of the Commonwealth or

a criminal defendant.

subsection (b), if the court determines that the record should

be released, the court may order the record to be produced to

the Commonwealth and criminal defendant pursuant to a protective

order that includes:

(1) the redaction of the identity of the individual who

made the report; and

(2) limitations, if any, on the use of the materials.

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(d) Sealed record.--After a decision by the court under

subsection (c), a record not produced to the Commonwealth or a

criminal defendant shall be sealed and preserved in the judicial

record of the court and may be made available on appeal.

(e) Return of record.--After the expiration of any appeal

period, the court shall return each record to the program.

(f) Standing.--The Attorney General shall have standing in

any action to SUPPORT OR oppose the disclosure of a record in

the custody of the program.

Section 6 7. Annual report.

(a) General rule.--No later than August 1 of each year, the

office shall prepare and submit a report to the chairperson and

minority chairperson of the Appropriations Committee of the

Senate, the chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives, the

chairperson and minority chairperson of the Education Committee

of the Senate and the chairperson and minority chairperson of

the Education Committee of the House of Representatives.

(b) Contents of report.--The report shall, at a minimum,

include:

(1) The number of reports received for the previous

school year.

(2) The total number of reports received since the

program began.

(3) A breakdown of the reports by type.

(4) A breakdown of the method by which the report was

received.

(5) A breakdown of the report by school district ENTITY.

(6) The total cost to operate the program, including

staffing costs, administrative costs and support costs.

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(7) THE TOTAL NUMBER OF FALSE REPORTS RECEIVED.

(7) (8) Any other information the Attorney General deems

appropriate.

Section 7 8. Effective date.

This act shall take effect immediately.

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