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PRIOR PRINTER'S NO. 992
PRINTER'S NO. 1565
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
824
Session of
2015
INTRODUCED BY PETRI, KORTZ AND FARRY, MARCH 24, 2015
AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,
MAY 13, 2015
AN ACT
Amending Title 2 (Administrative Law and Procedure) of the
Pennsylvania Consolidated Statutes, 35 (HEALTH AND SAFETY) OF
THE PENNSYLVANIA CONSOLIDATED STATUTES, IN MISCELLANEOUS
PROVISIONS, providing for confidentiality of personal
information of public safety officials.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 2 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 2
PUBLIC SAFETY OFFICIALS
Sec.
201. Definitions.
202. Confidentiality request.
§ 201. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth agency." As defined in 71 Pa.C.S. § 4102
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(relating to definitions).
"Public safety official." An individual referred to in 18
Pa.C.S. § 2702(c) (relating to aggravated assault), except
paragraphs (22), (26), (27), (28), (29), (30), (31), (32), (33)
and (36). The term includes any person who is determined to be a
law enforcement officer for purposes of the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law.
§ 202. Confidentiality request.
(a) Written request.--
(1) Notwithstanding any other provision of law, upon
receiving a written request from a public safety official, a
political subdivision or a Commonwealth agency may not
disclose the home address, personal telephone number or e-
mail address of the public safety official or his or her
spouse, child or parent.
(2) A written request under paragraph (1) must be signed
by the public safety official and must include the name and
address of the public safety official and the name of any
spouse, child or parent for whom confidentiality is
requested.
(b) Penalty.--
(1) Except as provided under paragraph (2), a person who
knowingly discloses information protected from disclosure
under subsection (a) commits a summary offense.
(2) A person who commits a second or subsequent
violation of this section, or a first offense if the intent
of the person was to cause substantial harm or serious
inconvenience, constitutes a misdemeanor of the third degree.
(c) Rules and regulations.-- T he Attorney General shall
promulgate rules and regulations necessary to carry out this
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section.
SECTION 1. TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A SECTION TO READ:
§ 7714. CONFIDENTIALITY REQUEST.
(A) WRITTEN REQUEST.--
(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UPON
RECEIVING A WRITTEN REQUEST FROM A PUBLIC SAFETY OFFICIAL, A
POLITICAL SUBDIVISION OR A COMMONWEALTH AGENCY MAY NOT
DISCLOSE THE HOME ADDRESS, PERSONAL TELEPHONE NUMBER OR E-
MAIL ADDRESS OF THE PUBLIC SAFETY OFFICIAL OR HIS OR HER
SPOUSE, CHILD OR PARENT.
(2) A WRITTEN REQUEST UNDER PARAGRAPH (1) MUST BE SIGNED
BY THE PUBLIC SAFETY OFFICIAL AND MUST INCLUDE THE NAME AND
ADDRESS OF THE PUBLIC SAFETY OFFICIAL AND THE NAME OF ANY
SPOUSE, CHILD OR PARENT FOR WHOM CONFIDENTIALITY IS
REQUESTED.
(B) PENALTY.--
(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), A PERSON WHO
KNOWINGLY DISCLOSES INFORMATION PROTECTED FROM DISCLOSURE
UNDER SUBSECTION (A) COMMITS A SUMMARY OFFENSE.
(2) A PERSON WHO COMMITS A SECOND OR SUBSEQUENT
VIOLATION OF THIS SECTION, OR A FIRST OFFENSE IF THE PERSON
KNOWINGLY AND WILLFULLY CAUSES SUBSTANTIAL HARM OR UNDUE
INFLUENCE OR INTIMIDATION, CONSTITUTES A MISDEMEANOR OF THE
THIRD DEGREE.
(C) RULES AND REGULATIONS.--T HE ATTORNEY GENERAL SHALL
PROMULGATE RULES AND REGULATIONS NECESSARY TO CARRY OUT THIS
SECTION.
(D) DEFINITIONS.-- THE FOLLOWING WORDS AND PHRASES WHEN USED
IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
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SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"COMMONWEALTH AGENCY." A S DEFINED IN 71 PA.C.S. § 4102
(RELATING TO DEFINITIONS).
"PUBLIC SAFETY OFFICIAL." AN INDIVIDUAL REFERRED TO IN 18
PA.C.S. § 2702(C) (RELATING TO AGGRAVATED ASSAULT), EXCEPT
PARAGRAPHS (22), (26), (27), (28), (29), (30), (31), (32), (33)
AND (36). THE TERM INCLUDES ANY PERSON WHO IS DETERMINED TO BE A
LAW ENFORCEMENT OFFICER FOR PURPOSES OF THE ACT OF FEBRUARY 14,
2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW.
Section 2. This act shall take effect in 90 days.
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