PRIOR PRINTER'S NO. 2936

PRINTER'S NO. 2979

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2525

Session of

2022

INTRODUCED BY KAUFER, COOK, MILLARD, DeLUCA AND MOUL,

APRIL 5, 2022

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

hereby enacts as follows:

Section 1. Chapter 91 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

Sec.

9158. Definitions.

9158.1. Right to access.

9158.2. Access.

9158.3. Denial.

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Child abuse." As defined in 23 Pa.C.S. § 6303(b.1)

(relating to definitions).

"Crime victim." As defined as "direct victim" in section 103

of the act of November 24, 1998 (P.L.882, No.111), known as the

Crime Victims Act.

"Domestic violence." An offense under section 2701 (relating

to simple assault), 2702 (relating to aggravated assault),

2709.1 (relating to stalking) or 2718 (relating to

strangulation) perpetrated against a family or household member,

(relating to access).

"REQUESTING PARTY." A CRIME VICTIM OR A DEFENDANT IN A CIVIL

ACTION IN WHICH A CRIME VICTIM IS A PARTY.

"Sexual abuse." Conduct which occurs in this Commonwealth

and would constitute an offense under any of the following

provisions:

Section 3011(a)(1) or (2) or (b) (relating to trafficking

in individuals).

Section 3012 (relating to involuntary servitude) as it

relates to sexual servitude.

intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual

assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 4302 (relating to incest).

Section 6312 (relating to sexual abuse of children).

Section 6320 (relating to sexual exploitation of

children).

§ 9158.1. Right to access.

A crime victim or the crime victim's REQUESTING PARTY OR A

history investigative information under this subchapter for use

in or investigation of an actual or potential civil action

§ 9158.2. Access.

(a) General rule.-- A crime victim may request the

dissemination of criminal history investigative information that

is:

(1) directly related to a civil action pending in a

court in this Commonwealth; or

COMMONWEALTH.

(2) A CRIME VICTIM MAY REQUEST THE DISSEMINATION OF

CRIMINAL HISTORY INVESTIGATIVE INFORMATION THAT IS MATERIAL

AND NECESSARY TO THE INVESTIGATION OR PREPARATION OF A CIVIL

ACTION.

(b) Request.--A request for dissemination shall include an

unsworn statement by the crime victim or the crime victim's

REQUESTING PARTY OR THE REQUESTING PARTY'S legal representative,

made subject to the penalties of section 4904 (relating to

unsworn falsification to authorities), that the requested

information is directly related to a civil action pending in a

describe the information sought with sufficient specificity to

enable the criminal justice agency to ascertain which

information is being requested.

(c) Service.--A request for dissemination shall be served on

the records information officer. Service shall be effective upon

head of the criminal justice agency via personal service or

certified mail with receipt.

(d) Dissemination.--Subject to section 9158.3 (relating to

denial), a criminal justice agency shall disseminate criminal

history investigative information in response to a request for

request.

(e) Receipt of information.--Dissemination of information

under this section may be made to the crime victim or the crime

victim's REQUESTING PARTY OR THE REQUESTING PARTY'S legal

representative, or the attorney for the crime victim or crime

victim's REQUESTING PARTY OR THE REQUESTING PARTY'S legal

representative, as directed by the request for information.

Criminal history investigative information DISSEMINATION

obtained by a crime victim UNDER THIS SUBCHAPTER shall be

discoverable in a civil action directly related to the crime,

unless otherwise NONDISCOVERABLE OR privileged from discovery.

under this subchapter shall relieve a criminal justice agency of

ALSO responding to a subpoena as otherwise required by law or

court rule.

(g) Civil action.--Upon written demand by a defendant in a

civil action in which the crime victim is a party, the crime

investigative information directly related to the civil action

pending in a court in this Commonwealth.

§ 9158.3. Denial.

(a) Grounds.--A criminal justice agency shall deny a request

for dissemination if the criminal justice agency determines:

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(iii) relates to law enforcement's use of

confidential informants or discloses investigative

techniques and procedures, unless reasonable redaction

will prevent the disclosure of this information.

(2) Either that:

(i) The criminal history investigative information

is not:

(A) directly relating to a civil action pending

in a court in this Commonwealth; or

(B) material and necessary to the investigation

or preparation of a civil action.

(A) reasonable redaction of the information will

prevent substantial emotional distress to the third-

party victim; or

(B) the third-party victim consents to

dissemination of the requested information.

subsection (a)(2), a criminal justice agency shall make

reasonable efforts to contact the third-party victim, describe

the request for information and request the third-party victim's

consent to dissemination of the information.

(c) Service of denial.--The criminal justice agency shall

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§ 9158.4. Judicial review.

(a) Petition for review.--Subject to subsection (c), a

requesting party may file a petition for review appealing a

denial under section 9158.3(a)(2) (relating to denial), which

shall include the following:

(1) The request for information DISSEMINATION .

(2) Proof of service of the request for information

DISSEMINATION .

(3) The denial.

(4) Other information necessary to determine whether the

criminal history investigative information should be

(c) Location of filing.--A petition for review shall be

filed before the court of common pleas in any judicial district

in which the criminal justice agency that issued the denial is

located. For a criminal justice agency with Statewide

jurisdiction, the petition for review shall be filed in

(d) Judicial review.--A denial under section 9158.3(a)(1)

shall not be subject to judicial review.

(e) Relief.--In a proceeding under this section, a court may

award declaratory and injunctive relief only. The court shall

direct a criminal justice agency to produce the requested

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construed to permit the dissemination of otherwise

NONDISCOVERABLE OR privileged information, including:

(1) Grand jury investigative materials.

(2) Medical, mental health or treatment records.

(3) Materials protected by an applicable attorney-client

or work product privilege.

(4) Materials protected by 42 Pa.C.S. Ch. 63 (relating

to juvenile matters).

(5) Materials subject to 42 Pa.C.S. Ch. 67A (relating to

recordings by law enforcement officers).

(6) Information that is otherwise prohibited or

immunity reaffirmed; specific waiver) and 42 Pa.C.S. §§ 8541

(relating to governmental immunity generally) and 8545 (relating

to official liability generally) for dissemination of CRIMINAL

HISTORY INVESTIGATIVE information under this subchapter.

(c) Use of information.--Information obtained under this

an actual or potential civil action DIRECTLY relating to that

criminal history investigative information.

(d) Violation.--Use of information obtained under this

subchapter to harass, intimidate or threaten another shall

constitute a misdemeanor of the second degree.

representative a certified copy of a full report of the

police investigation of a crime reported by a victim to an

insurance company for purposes of seeking coverage under an

applicable policy.

(1) PROHIBIT A POLICE DEPARTMENT FROM FURNISHING, UPON

REQUEST, A CERTIFIED COPY OF A FULL REPORT OF A POLICE

INVESTIGATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF

PROCESSING A CLAIM FOR COVERAGE UNDER AN APPLICABLE POLICY.

(2) Prohibit notifications authorized by the act of

November 24, 1998 (P.L.882, No.111), known as the Crime

Victims Act.

and establish reasonable fees.

(b) Supreme Court.--The Supreme Court shall promulgate rules

as necessary to implement this subchapter.

Section 2. This act shall take effect in 120 days.

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