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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | October 31, 2013 02:59 PM |
|---|---|
| From: | Representative Mark Rozzi |
| To: | All House members |
| Subject: | Access to Criminal History Records |
| In the near future, I plan to introduce legislation amending the Criminal History Record Information Act (CHRIA) by clarifying who shall have access to certain information. Under current Pennsylvania law, Borough Mayors are designated as the “Chief Law Enforcement Officer,” which grants them certain authority concerning police matters. In January of this year, the Commonwealth Court ruled in Hoffman v. Borough of Macungie that Borough Mayors may access protected information because they are members of a criminal justice agency, the Police Department, of which they maintain a supervisory status. Protected information includes intelligence, investigative materials, and medical, psychiatric, psychological or other rehabilitative treatment prescribed for any individual charged with or convicted of a crime. I find it potentially problematic that an individual, who has not received the extensive law enforcement training required by Pennsylvania law, has access to sensitive information related to ongoing criminal investigations. Therefore, I am introducing legislation that exempts individuals that have not complied with or received a waiver from the Municipal Police Officers Education and Training Commission or an equivalent from accessing protected information. If enacted, my legislation will protect the integrity of police investigations. In addition, it will ensure the proper management of confidential materials by limiting access to those who are properly trained in their compilation, maintenance, and use. Please join me in sponsoring this very important legislation. |
Introduced as HB1856