PRINTER'S NO. 225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
254
Session of
2021
INTRODUCED BY TOOHIL, MILLARD, R. BROWN, HILL-EVANS, KINSEY,
WARREN, CIRESI, B. MILLER AND ROZZI, JANUARY 26, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in availability of
otherwise confidential information, providing for reports on
domestic violence by law enforcement agencies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 8726. Reports on domestic violence by law enforcement
agencies.
(a) Furnishing copies of reports.--Notwithstanding any other
provision of law, a law enforcement agency shall, upon request,
furnish a copy of a report on a criminal investigation into an
allegation of a domestic violence incident to any of the
following:
(1) A victim of the incident or the victim's attorney.
(2) An official from any of the following government
entities if necessary to protect a victim of domestic abuse:
(i) The Federal Government.
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(ii) A branch of the United States Armed Forces.
(iii) A Commonwealth agency.
(iv) A political subdivision in this Commonwealth.
(v) An out-of-State government agency or political
subdivision.
(b) Costs.--The following apply:
(1) Except as provided under paragraphs (2) and (3), the
cost of furnishing a copy of the report under subsection (a)
to an individual specified under subsection (a)(1) shall be
$25.
(2) If the individual requesting a copy of the report
under subsection (a) is a party to a judicial proceeding
relating to the domestic violence incident and has been
granted approval to proceed in forma pauperis, the cost of
furnishing a copy of the report under subsection (a) shall be
$0.
(3) If the individual requesting a copy of the report
under subsection (a) demonstrates to the law enforcement
agency that the individual is receiving services free-of-
charge from a nonprofit organization dedicated to helping
domestic violence victims, the cost of furnishing a copy of
the report under subsection (a) shall be $0.
(c) Inadmissible.--A copy of the report under subsection (a)
shall be inadmissible in any civil or criminal proceeding
arising out of the domestic violence incident.
(d) Refusal to furnish.--A law enforcement agency may refuse
to furnish a copy of the report under subsection (a) regarding a
domestic violence incident if there are criminal charges pending
against an individual involved in the domestic violence
incident, unless necessary to comply with the Pennsylvania Rules
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of Criminal Procedure or Federal law.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Domestic violence." An act of violence that constitutes a
crime as specified under 18 Pa.C.S. (relating to crimes and
offenses) if any of the following apply:
(1) The alleged perpetrator of the violence and the
victim are family or household members as defined in 23
Pa.C.S. § 6102 (relating to definitions).
(2) The alleged perpetrator of the violence and the
victim temporarily or permanently reside in the same
dwelling.
"Law enforcement agency." A police department of a city,
borough, incorporated town or township, the Pennsylvania State
Police, district attorneys' offices and the Office of Attorney
General.
Section 2. This act shall take effect in 60 days.
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