24 Pa. Stat. § 13-1306-D

Current through P.A. Acts 2024-18
Section 13-1306-D - Judicial proceeding.
(a)Protection of records.--
(1) A person implementing, operating or working for the program may not be compelled to produce a record except pursuant to a court order.
(2) The commonwealth may file a motion or an application for a search warrant and an authorization with the court for release of the record. The motion or an application for a search warrant and an authorization shall be accompanied by an affidavit establishing why the record should be produced.
(3) A criminal defendant may file a motion with the court for release of the record. The motion shall be accompanied by an affidavit establishing why the record should be produced.
(4) A copy of any application or motion filed under this section shall be served on the Office of Attorney General.
(b) In camera review.-- The court may conduct an in camera review of the record requested to be produced under the motion of the commonwealth or a criminal defendant.
(c) Decision by court.-- If the court determines that the record requested under subsection (a) should be released, the court shall order the record to be produced . The court's order may require:
(1) The redaction of the identity of the individual who made the report; And
(2) Limitations, if any, on the use of the materials.
(d) Sealed record.--After a decision by the court under subsection (c), a record not produced to the Commonwealth or a criminal defendant shall be sealed and preserved in the judicial record of the court and may be made available on appeal.
(e) Return of record.--After the expiration of any appeal period, the court shall return each record to the program.
(f) Standing.--The Attorney General shall have standing in any action to support or oppose the disclosure of a record in the custody of the program.

24 P.S. § 13-1306-D

Amended by P.L. TBD 2019 No. 18, § 16, eff. 6/28/2019.
Added by P.L. TBD 2018 No. 44, § 3, eff. 6/22/2018.