PRINTER'S NO. 2670
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1903
Session of
2019
INTRODUCED BY D. MILLER, HILL-EVANS, CALTAGIRONE, FRANKEL AND
JOHNSON-HARRELL, OCTOBER 15, 2019
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 15, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in recordings by law
enforcement officers, further providing for definitions, for
scope of chapter, for requests for law enforcement audio
recordings or video recordings, for procedure and for
petition for judicial review.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 67A01 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 67A01. 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:
"Body camera." A device that is approved under 18 Pa.C.S. §
5706(b)(4) (relating to exceptions to prohibitions in
possession, sale, distribution, manufacture or advertisement of
electronic, mechanical or other devices) and affixed or
otherwise in the possession of a law enforcement officer.
* * *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Section 2. Section 67A02(a) of Title 42 is amended to read:
§ 67A02. Scope of chapter.
(a) Exemption.--The provisions of this chapter, and not the
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law, shall apply to any audio recording or video recording
made by a law enforcement agency[.] using body cameras or other
recording devices not fixed to the exterior or interior of a
building or a vehicle under circumstances within paragraph (2)
of the definition of "oral communication" in 18 Pa.C.S. § 5702
(relating to definitions).
* * *
Section 3. Section 67A03(1) and (2) of Title 42 are amended
and the section is amended by adding a paragraph to read:
§ 67A03. Requests for law enforcement audio recordings or video
recordings.
The following shall apply:
(1) An individual who requests an audio recording or
video recording made by a law enforcement agency shall,
within [60] 180 days of the date when the audio recording or
video recording was made, serve a written request to the
individual who is designated as the open-records officer for
the law enforcement agency under section 502 of the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
Law. Service is effective upon receipt of the written request
by the open-records officer from personal delivery[ or
certified mail with proof of service.], mail, e-mail,
facsimile or, to the extent provided by the rules of the law
enforcement agency, other electronic means.
(2) The request under paragraph (1) shall [specify with
particularity the incident or event that is the subject of
20190HB1903PN2670 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the audio recording or video recording, including the date,
time and location of the incident or event.] identify or
describe the records sought with sufficient specificity to
enable the law enforcement agency to ascertain which records
are being requested and shall include the name and address to
which the law enforcement agency should address a response. A
written request need not include an explanation of the
requester's reason for requesting or intended use of the
records unless otherwise required by law.
* * *
(5) The Office of Open Records shall develop a uniform
request form that shall be accepted by all law enforcement
agencies regarding a request under this section.
Section 4. Sections 67A05(a), (c) and (d) and 67A06 of Title
42 are amended to read:
§ 67A05. Procedure.
(a) Disclosure.--A law enforcement agency that receives a
request under section 67A03 (relating to requests for law
enforcement audio recordings or video recordings) for an audio
recording or video recording shall provide the audio recording
or video recording or identify in writing the basis for denying
the request within [30] five business days of receiving the
request, unless the requester and law enforcement agency agree
to a longer time period[.] or unless the open-records officer
determines that one of the factors under section 902(a) of the
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law, applies, in which case the notice provisions under
section 902(b) of the Right-to-Know Law shall govern. If an
agreement under section 67A04(b)(2) (relating to law enforcement
review) is in effect between the law enforcement agency and the
20190HB1903PN2670 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Attorney General or district attorney with jurisdiction, then an
agreement to a longer time period must be between the requester
and the Attorney General or district attorney with jurisdiction.
* * *
(c) Preservation.--A law enforcement agency that has
received a request for an audio recording or video recording
shall preserve the unaltered audio recording or video recording
that has been requested for no less than the time periods
provided in this chapter for service of and responses to written
requests for the production of the audio recording or video
recording and any period within which a petition for [judicial]
review is allowable or pending.
(d) Fees.--A law enforcement agency may establish reasonable
fees relating to the costs incurred to disclose audio recordings
or video recordings. The fees [shall be paid by the requesting
party at the time of disclosure of the audio recording or video
recording.]:
(1) shall not be greater than actual costs;
(2) shall be publicly displayed;
(3) may be required to be paid in full or in part before
disclosure of the audio recording or video recording; and
(4) shall be paid by the requester before transfer.
* * *
§ 67A06. Petition for [judicial] review.
(a) Petition.--
(1) If a request under section 67A03 (relating to
requests for law enforcement audio recordings or video
recordings) is denied, the requester may file a petition for
[judicial] review in the [court of common pleas with
jurisdiction] Office of Open Records within 30 days of the
20190HB1903PN2670 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
date of denial.
(2) The respondent to a petition filed under this
section shall be the entity that denied the request for the
audio recording or video recording under section 67A05(a)
(relating to procedure) unless the request is denied under
section 67A05(b), in which case the law enforcement agency
that created the audio recording or video recording shall be
the respondent.
(b) Duties of petitioner.--A petitioner under this section
shall have the following duties:
(1) The petitioner shall pay a filing fee of $125.
(2) If the incident or event that is the subject of the
request occurred inside a residence, the petitioner shall
certify that notice of the petition has been served or that
service was attempted on each individual who was present at
the time of the audio recording or video recording and on the
owner and occupant of the residence. Notice shall not be
required under this paragraph if the identity of an
individual present or the location is unknown and not
reasonably ascertainable by the petitioner. Service shall be
effective upon receipt from personal delivery [or certified
mail with proof of service.], mail, e-mail, facsimile or, to
the extent provided by the rules of the law enforcement
agency, other electronic means.
(3) The petitioner shall include with the petition a
copy of the written request under section 67A03 that was
served on the law enforcement agency and any written
responses to the request that were received.
(4) The petitioner shall serve the petition on the open-
records officer of the respondent within five days of the
20190HB1903PN2670 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
date that the petitioner files the petition with the [court
of common pleas with jurisdiction] Office of Open Records,
and service shall be effective upon receipt by the open-
records officer for personal delivery [or certified mail with
proof of service.], mail, e-mail, facsimile or, to the extent
provided by the rules of the law enforcement agency, other
electronic means.
(c) Intervention as matter of right.--If not a respondent, a
prosecuting attorney with jurisdiction may intervene in the
action as a matter of right.
(d) Summary dismissal.--It shall be grounds for summary
dismissal of a petition filed under this section if:
(1) the request to the law enforcement agency under
section 67A03 or the filing of the petition under subsection
(a) is untimely;
(2) the request to the law enforcement agency failed to
describe with sufficient [particularity the incident or event
that is the subject of the audio recording or video
recording, including the date, time and location of the
incident or event] specificity to enable the law enforcement
agency to ascertain which records are being requested; or
(3) the petitioner has not complied with the
requirements of subsection (b)(1), (2), (3) and (4).
(e) Approval.--[A court of common pleas with jurisdiction]
The Office of Open Records may grant a petition under this
section, in whole or in part, and order the disclosure of the
audio recording or video recording only if the [court] Office of
Open Records determines that the petitioner has established all
of the following by a preponderance of the evidence:
(1) The request was not denied under section 67A04
20190HB1903PN2670 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(relating to law enforcement review) or the request was
denied under section 67A04 and the [court of common pleas
with jurisdiction] Office of Open Records determines that the
denial was arbitrary and capricious.
(2) The public interest in disclosure of the audio
recording or video recording or the interest of the
petitioner outweighs the interests of the Commonwealth, the
law enforcement agency or an individual's interest in
nondisclosure. In making a determination under this
paragraph, the [court of common pleas] Office of Open Records
may consider the public's interest in understanding how law
enforcement officers interact with the public, the interests
of crime victims, law enforcement and others with respect to
safety and privacy and the resources available to review and
disclose the audio recording or video recording.
Section 5. This act shall take effect in 60 days.
20190HB1903PN2670 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16