2020 Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 67A - Recordings by Law Enforcement Officers
Section 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:
"Confidential information." Any of the following:
(1) The identity of a confidential source.
(2) The identity of a suspect or witness to whom confidentiality has been assured.
(3) Information made confidential by law or court order.
"Information pertaining to an investigation." An audio recording or video recording which contains any of the following:
(1) Complaints or depictions of criminal conduct, including all actions or statements made before or after the criminal conduct that are part of or relate to the same incident or occurrence.
(2) Upon disclosure, information that would:
(i) reveal the institution, progress or result of a criminal investigation;
(ii) deprive an individual of the right to a fair trial or an impartial adjudication;
(iii) impair the ability of the Attorney General, a district attorney or a law enforcement officer to locate a defendant or codefendant;
(iv) hinder the ability of the Attorney General, a district attorney or a law enforcement officer to secure an arrest, prosecution or conviction; or
(v) endanger the life or physical safety of an individual.
(3) Upon disclosure, information that would:
(i) Reveal the institution, progress or result of an agency investigation.
(ii) Deprive a person of the right to an impartial administrative adjudication.
(iii) Constitute an unwarranted invasion of privacy.
(iv) Hinder an agency's ability to secure an administrative or civil sanction.
(v) Endanger the life or physical safety of an individual.
"Law enforcement agency." The Office of Attorney General, a district attorney's office or an agency that employs a law enforcement officer.
"Law enforcement officer." An officer of the United States, the Commonwealth or a political subdivision thereof, another state or political subdivision thereof or who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter or an equivalent crime in another jurisdiction, a sheriff or deputy sheriff and any attorney authorized by law to prosecute or participate in the prosecution of the offense.
"Victim." An individual who was subjected to an act that was committed by another individual, including a juvenile, which constitutes any of the following:
(1) An offense committed under any of the following:
(i) The act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(ii) 18 Pa.C.S. (relating to crimes and offenses).
(iii) 30 Pa.C.S. § 5502 (relating to operating watercraft under influence of alcohol or controlled substance).
(iv) 30 Pa.C.S. § 5502.1 (relating to homicide by watercraft while operating under influence).
(v) 75 Pa.C.S. § 3732 (relating to homicide by vehicle).
(vi) 75 Pa.C.S. § 3735 (relating to homicide by vehicle while driving under influence).
(vii) 75 Pa.C.S. § 3735.1 (relating to aggravated assault by vehicle while driving under the influence).
(viii) 75 Pa.C.S. § 3742 (relating to accidents involving death or personal injury).
(ix) 75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol or utilizing drugs).
(x) Any other Federal or State law.
(2) An offense similar to an offense listed under paragraph (1) committed outside of this Commonwealth.
(3) An offense which would constitute grounds for the issuance of relief under Chapter 62A (relating to protection of victims of sexual violence or intimidation) or 23 Pa.C.S. Ch. 61 (relating to protection from abuse).
(4) An offense against a resident of this Commonwealth which is an act of international terrorism.
"Victim information." Information that would disclose the identity or jeopardize the safety of a victim.
