PRINTER'S NO. 225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 254
Session of
2021
INTRODUCED BY TOOHIL, MILLARD, R. BROWN, HILL-EVANS, KINSEY,
WARREN, CIRESI, B. MILLER AND ROZZI, JANUARY 26, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2021
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, in availability of
3 otherwise confidential information, providing for reports on
4 domestic violence by law enforcement agencies.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 8726. Reports on domestic violence by law enforcement
10 agencies.
11 (a) Furnishing copies of reports.--Notwithstanding any other
12 provision of law, a law enforcement agency shall, upon request,
13 furnish a copy of a report on a criminal investigation into an
14 allegation of a domestic violence incident to any of the
15 following:
16 (1) A victim of the incident or the victim's attorney.
17 (2) An official from any of the following government
18 entities if necessary to protect a victim of domestic abuse:
19 (i) The Federal Government.
 1 (ii) A branch of the United States Armed Forces.
2 (iii) A Commonwealth agency.
3 (iv) A political subdivision in this Commonwealth.
4 (v) An out-of-State government agency or political
5 subdivision.
6 (b) Costs.--The following apply:
7 (1) Except as provided under paragraphs (2) and (3), the
8 cost of furnishing a copy of the report under subsection (a)
9 to an individual specified under subsection (a)(1) shall be
10 $25.
11 (2) If the individual requesting a copy of the report
12 under subsection (a) is a party to a judicial proceeding
13 relating to the domestic violence incident and has been
14 granted approval to proceed in forma pauperis, the cost of
15 furnishing a copy of the report under subsection (a) shall be
16 $0.
17 (3) If the individual requesting a copy of the report
18 under subsection (a) demonstrates to the law enforcement
19 agency that the individual is receiving services free-of-
20 charge from a nonprofit organization dedicated to helping
21 domestic violence victims, the cost of furnishing a copy of
22 the report under subsection (a) shall be $0.
23 (c) Inadmissible.--A copy of the report under subsection (a)
24 shall be inadmissible in any civil or criminal proceeding
25 arising out of the domestic violence incident.
26 (d) Refusal to furnish.--A law enforcement agency may refuse
27 to furnish a copy of the report under subsection (a) regarding a
28 domestic violence incident if there are criminal charges pending
29 against an individual involved in the domestic violence
30 incident, unless necessary to comply with the Pennsylvania Rules
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 1 of Criminal Procedure or Federal law.
2 (e) Definitions.--As used in this section, the following
3 words and phrases shall have the meanings given to them in this
4 subsection:
5 "Domestic violence." An act of violence that constitutes a
6 crime as specified under 18 Pa.C.S. (relating to crimes and
7 offenses) if any of the following apply:
8 (1) The alleged perpetrator of the violence and the
9 victim are family or household members as defined in 23
10 Pa.C.S. § 6102 (relating to definitions).
11 (2) The alleged perpetrator of the violence and the
12 victim temporarily or permanently reside in the same
13 dwelling.
14 "Law enforcement agency." A police department of a city,
15 borough, incorporated town or township, the Pennsylvania State
16 Police, district attorneys' offices and the Office of Attorney
17 General.
18 Section 2. This act shall take effect in 60 days.
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