(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.
Credits
1949, March 10, P.L. 30, No. 14, art. XIII-D, § 1306-D, added 2018, June 22, P.L. 327, No. 44, § 3, imd. effective. Amended 2019, June 28, P.L. 146, No. 18, § 16, imd. effective.
24 P.S. § 13-1306-D, PA ST 24 P.S. § 13-1306-D
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
