Bill Text: PA HB1335 | 2011-2012 | Regular Session | Introduced

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Bill Title: In criminal history record information, further providing for information in central repository or automated systems.

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Introduced - Dead) 2011-04-12 - Referred to JUDICIARY [HB1335 Detail]

Download: Pennsylvania-2011-HB1335-Introduced.html

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PRINTER'S NO. 1533
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1335 Session of2011
INTRODUCED BY D. O'BRIEN, CLYMER, HARHAI, HESS, MILNE, PASHINSKI, SWANGER, VULAKOVICH AND WAGNER, APRIL 12, 2011
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 2011
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for information in central
repository or automated systems.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9106(c)(1) and (d) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 9106. Information in central repository or automated systems.
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(c) Dissemination of protected information.--
(1) Intelligence information may be placed within an
automated or electronic criminal justice information system
and disseminated or secondarily disseminated only if the
following apply:
(i) The information is reliable as determined by an
authorized intelligence officer.
(ii) The department, agency or individual requesting
the information is a criminal justice agency which has
policies and procedures adopted by the Office of Attorney
General in consultation with the Pennsylvania State
Police which are consistent with this act and include:
(A) Designation of an intelligence officer or
officers by the head of the criminal justice agency
or his designee.
(B) Adoption of administrative, technical and
physical safeguards, including audit trails, to
insure against unauthorized access and against
intentional or unintentional damages.
(C) Labeling information to indicate levels of
sensitivity and levels of confidence in the
information.
(iii) The information is requested in connection
with the duties of the criminal justice agency requesting
the information, and the request for information is based
upon a name, fingerprints, modus operandi, genetic
typing, voice print or other identifying characteristic.
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[(d) Secondary dissemination prohibited.--A criminal justice
agency which possesses information protected by this section,
but which is not the source of the information, shall not
disseminate or disclose the information to another criminal
justice agency but shall refer the requesting agency to the
agency which was the source of the information. This prohibition
shall not apply if the agency receiving the information is
investigating or prosecuting a criminal incident in conjunction
with the agency possessing the information. Agencies receiving
information protected by this section assume the same level of
responsibility for the security of such information as the
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agency which was the source of the information.]
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Section 2. This act shall take effect in 60 days.
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