PRINTER'S NO.  659

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

603

Session of

2009

  

  

INTRODUCED BY D. O'BRIEN, ADOLPH, BAKER, BARRAR, BENNINGHOFF, BRENNAN, COHEN, CREIGHTON, ELLIS, EVERETT, GIBBONS, GINGRICH, GODSHALL, GOODMAN, HALUSKA, HARKINS, HESS, KORTZ, MAHONEY, MANN, MARSICO, MELIO, MILLARD, MOUL, MURT, MUSTIO, O'NEILL, PICKETT, QUINN, READSHAW, SIPTROTH, K. SMITH, STABACK, STURLA, SWANGER, TRUE, VEREB AND VULAKOVICH, FEBRUARY 24, 2009

  

  

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 24, 2009  

  

  

  

AN ACT

  

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Amending Title 18 (Crimes and Offenses) of the Pennsylvania

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Consolidated Statutes, further providing for information in

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central repository or automated systems.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 9106(c)(1) and (d) of Title 18 of the

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Pennsylvania Consolidated Statutes are amended to read:

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§ 9106.  Information in central repository or automated systems.

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* * *

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(c)  Dissemination of protected information.--

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(1)  Intelligence information may be placed within an

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automated or electronic criminal justice information system

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and disseminated or secondarily disseminated only if the

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following apply:

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(i)  The information is reliable as determined by an

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authorized intelligence officer.

 


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(ii)  The department, agency or individual requesting

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the information is a criminal justice agency which has

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policies and procedures adopted by the Office of Attorney

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General in consultation with the Pennsylvania State

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Police which are consistent with this act and include:

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(A)  Designation of an intelligence officer or

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officers by the head of the criminal justice agency

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or his designee.

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(B)  Adoption of administrative, technical and

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physical safeguards, including audit trails, to

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insure against unauthorized access and against

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intentional or unintentional damages.

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(C)  Labeling information to indicate levels of

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sensitivity and levels of confidence in the

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information.

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(iii)  The information is requested in connection

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with the duties of the criminal justice agency requesting

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the information, and the request for information is based

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upon a name, fingerprints, modus operandi, genetic

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typing, voice print or other identifying characteristic.

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* * *

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[(d)  Secondary dissemination prohibited.--A criminal justice

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agency which possesses information protected by this section,

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but which is not the source of the information, shall not

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disseminate or disclose the information to another criminal

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justice agency but shall refer the requesting agency to the

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agency which was the source of the information. This prohibition

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shall not apply if the agency receiving the information is

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investigating or prosecuting a criminal incident in conjunction

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with the agency possessing the information. Agencies receiving

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information protected by this section assume the same level of

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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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* * *

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Section 2.  This act shall take effect in 60 days.

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