(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.
The Attorney General shall have standing in any action to support or oppose the disclosure of a record in the custody of the program.
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 2022 Regular Session Act 40. Some statute sections may be more current, see credits for details.