PRIOR PRINTER'S NOS. 992, 1565
PRINTER'S NO. 2678
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
824
Session of
2015
INTRODUCED BY PETRI, KORTZ, FARRY, SANTARSIERO, MICCARELLI,
DAVIS AND BRIGGS, MARCH 24, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 17, 2015
AN ACT
Amending Title 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 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
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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.
§ 7715. CONFIDENTIALITY OF PERSONAL INFORMATION FOR PUBLIC
SAFETY OFFICIALS.
(A) GENERAL RULE.--
(1) NO PERSON SHALL PUBLICLY POST, PUBLICLY DISPLAY OR
PROVIDE TO A THIRD PARTY THE HOME ADDRESS OR TELEPHONE NUMBER
OF ANY PUBLIC SAFETY OFFICIAL OR OF ANY PUBLIC SAFETY
OFFICIAL'S SPOUSE OR CHILD KNOWING THAT THE PERSON IS A
PUBLIC SAFETY OFFICIAL AND THAT A THIRD PARTY IS ONLY SEEKING
INFORMATION BECAUSE OF THE PUBLIC SAFETY OFFICIAL'S
OCCUPATION AND INTENDS TO HARM OR THREATEN TO HARM THE PUBLIC
SAFETY OFFICIAL OR THE PUBLIC SAFETY OFFICIAL'S SPOUSE OR
CHILD.
(2) NO PERSON, BUSINESS OR ASSOCIATION SHALL SOLICIT,
SELL OR TRADE ON THE INTERNET THE HOME ADDRESS OR TELEPHONE
NUMBER OF A PUBLIC SAFETY OFFICIAL WITH THE INTENT TO CAUSE
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HARM TO THE PUBLIC SAFETY OFFICIAL OR TO ANY PERSON RESIDING
AT THE PUBLIC SAFETY OFFICIAL'S HOME ADDRESS.
(B) PENALTY.--
(1) A VIOLATION OF SUBSECTION (A) IS A MISDEMEANOR OF
THE THIRD DEGREE, IF THERE IS NO BODILY INJURY OF THE PUBLIC
SAFETY OFFICIAL OR HIS SPOUSE OR CHILD.
(2) A VIOLATION OF SUBSECTION (A) THAT LEADS TO THE
BODILY INJURY OF THE PUBLIC SAFETY OFFICIAL OR HIS SPOUSE OR
CHILD IS A MISDEMEANOR OF THE FIRST DEGREE.
(C) RIGHT TO ACTION.--
(1) NOTWITHSTANDING ANY OTHER LAW, A PUBLIC SAFETY
OFFICIAL WHOSE HOME ADDRESS OR TELEPHONE NUMBER IS SOLICITED,
SOLD OR TRADED IN VIOLATION OF THIS SECTION MAY BRING AN
ACTION IN A COURT OF COMPETENT JURISDICTION.
(2) IF A JURY OR COURT FINDS THAT A VIOLATION HAS
OCCURRED, DAMAGES SHALL BE AWARDED TO THE PUBLIC SAFETY
OFFICIAL IN AN AMOUNT UP TO A MAXIMUM OF THREE TIMES THE
ACTUAL DAMAGES, BUT IN NO CASE LESS THAN TWO THOUSAND DOLLARS
($2,000).
(d) Definitions.-- The following words and phrases when used
in this section shall have the meanings given to them in this
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. THE TERM
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EXCLUDES AN INDIVIDUAL WHO IS A CANDIDATE FOR OR HOLDS AN
ELECTIVE OFFICE.
"PUBLICLY DISPLAY" AND "PUBLICLY POST." TO INTENTIONALLY
COMMUNICATE OR OTHERWISE MAKE AVAILABLE TO THE GENERAL PUBLIC,
INCLUDING ON THE INTERNET.
Section 2. This act shall take effect in 90 days.
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