Regular Session 2021-2022 House Bill 2525 P.N. 3286

SENATE AMENDED

PRIOR PRINTER'S NOS. 2936, 2979

PRINTER'S NO. 3286

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2525

Session of

2022

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

APRIL 5, 2022

SENATOR BAKER, JUDICIARY, IN SENATE, AS AMENDED, JUNE 21, 2022

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in criminal history record

information, providing for crime victim right of access.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 91 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER F.1

CRIME VICTIM RIGHT OF ACCESS

Sec.

9158. Definitions.

9158.1. Right to access.

9158.2. Access.

9158.3. Denial.

9158.4. Judicial review.

9158.5. Protection of information.

9158.6. Current dissemination not limited.

9158.7. Rules and regulations.

§ 9158. Definitions.

The following words and phrases when used in this subchapter

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,

as defined in 23 Pa.C.S. § 6102 (relating to definitions).

"Emotional distress." A temporary or permanent state of

mental anguish.

"Records information officer." The head of the criminal

justice agency or designee.

"Request for dissemination." A request under section 9158.2

(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.

Section 3121 (relating to rape).

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Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual

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).

"Third-party victim." A crime victim other than the crime

victim making a request for dissemination AND OTHER THAN THE

CRIME VICTIM WHO IS THE PLAINTIFF IN THE UNDERLYING CIVIL

ACTION .

§ 9158.1. Right to access.

A requesting party or a requesting party's legal

representative may obtain criminal history investigative

information under this subchapter for use in or investigation of

an actual or potential civil action IN THIS COMMONWEALTH

relating to that criminal history investigative information.

§ 9158.2. Access.

(a) General rule.--

(1) A requesting party may request the dissemination of

criminal history investigative information that is directly

related to a civil action pending in a court in this

Commonwealth.

(2) A crime victim OR THE CRIME VICTIM'S REPRESENTATIVE

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may request the dissemination of criminal history

investigative information that is material and necessary to

the investigation or preparation of a civil action IN THIS

COMMONWEALTH .

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

unsworn statement by the 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 court in this Commonwealth or , if the

requesting party is a crime victim or the crime victim's legal

representative, material and necessary to the investigation or

preparation of a civil action IN THIS COMMONWEALTH . A request

for dissemination shall identify or describe the information

sought with sufficient specificity to enable the criminal

justice agency to ascertain which information is being

requested.

the records information officer. Service shall be effective upon

receipt of the request by the records information officer or

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

dissemination within 30 60 days of receipt of the request for

dissemination or by the date returnable on the request for

dissemination, whichever is later. The criminal justice agency

may impose reasonable fees for costs incurred to comply with the

request.

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

under this section may be made to the requesting party or the

requesting party's legal representative, or the attorney for the

requesting party or the requesting party's legal representative,

as directed by the request for information. Criminal history

investigative dissemination obtained under this subchapter shall

be discoverable in a civil action directly related to the crime,

unless otherwise nondiscoverable or privileged from discovery.

(f) Subpoenas.--A criminal justice agency may, in its sole

discretion, respond to a subpoena in a pending civil action

seeking disclosure of criminal history investigative information

as a request for dissemination under this subchapter. Nothing

under this subchapter shall relieve a criminal justice agency of

also responding to a subpoena as otherwise required by law or

court rule.

§ 9158.3. Denial.

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

for dissemination if the criminal justice agency determines:

(1) That , ABSENT REASONABLE REDACTIONS, THE

dissemination of the requested information:

(i) endangers a person or public safety;

(ii) adversely affects an investigation or ongoing

prosecution; or

(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:

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(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 IN THIS

COMMONWEALTH .

(ii) Dissemination of the requested information will

cause substantial emotional distress to a third-party

victim of child abuse, domestic violence or sexual abuse,

unless:

(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.

(b) Contact and consent.--Prior to issuing a denial under

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.

IDENTIFY A THIRD-PARTY VICTIM OF CHILD ABUSE, DOMESTIC VIOLENCE

OR SEXUAL ABUSE, UNLESS THE CRIMINAL JUSTICE AGENCY DETERMINES

THAT REASONABLE REDACTION OF THE INFORMATION WILL PREVENT

IDENTIFICATION OF THE THIRD-PARTY VICTIM.

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

serve a denial in writing to the requesting party within 30 60

days of receipt of the request for dissemination or by the date

returnable on the request for dissemination, whichever is later,

identifying the grounds for denial.

§ 9158.4. Judicial review.

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

(2) Proof of service of the request for dissemination .

(3) The denial.

(4) Other information necessary to determine whether the

criminal history investigative information should be

disseminated under this subchapter.

(b) Time for petition.--A petition for review shall be filed

within 45 days of service of a denial of a request for

dissemination of information.

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

Commonwealth Court.

(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

information if the requesting party proves entitlement to access

under this subchapter by a preponderance of the evidence.

§ 9158.5. Protection of information.

(a) General rule.--Nothing under this subchapter shall be

construed to permit the dissemination of otherwise

nondiscoverable or privileged information, including:

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(1) Grand jury investigative materials.

(2) Medical, mental health or treatment records

INFORMATION .

(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

protected from disclosure or dissemination by Federal or

State law.

(B) EXEMPTION.--THE FOLLOWING PERSONAL IDENTIFICATION

INFORMATION WITH RESPECT TO AN INDIVIDUAL OTHER THAN A

REQUESTING PARTY SHALL BE EXEMPT FROM DISSEMINATION:

(1) A PERSON'S SOCIAL SECURITY NUMBER.

(2) A PERSON'S DRIVER'S LICENSE NUMBER.

(3) PERSONAL FINANCE INFORMATION.

(4) A PERSON'S HOME, CELLULAR OR PERSONAL TELEPHONE

NUMBERS.

(5) A PERSON'S E-MAIL ADDRESS, EMPLOYEE NUMBER OR OTHER

CONFIDENTIAL PERSONAL IDENTIFICATION NUMBER.

(b) (C) Protection.--A criminal justice agency shall be

subject to protection under 1 Pa.C.S. § 2310 (relating to

sovereign 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.

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subchapter shall be used only in connection with an actual or

potential civil action directly relating to that criminal

history investigative information.

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

subchapter to harass, intimidate or threaten another shall

constitute a misdemeanor of the second degree.

§ 9158.6. Current dissemination not limited.

Nothing in this chapter shall:

(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.

§ 9158.7. Rules and regulations.

(a) Attorney General.--The Attorney General, in cooperation

with appropriate criminal justice agencies, shall promulgate

rules and regulations as necessary to implement this subchapter

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 120 180 days.

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