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Code · Pennsylvania · Title 18 — CRIMES AND OFFENSES · Chapter 91

§ 9158.2. Access.

431 words·~2 min read·/pa/title-18/chapter-91/9158-2·

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§ 9158.2. Access.
(a)General rule.--
(1)A requesting party may request the dissemination of criminal history investigative information that is directly related to a civil action pending in a court in this Commonwealth.
(2)A crime victim or the crime victim's representative may request the dissemination of criminal history investigative information that is material and necessary to the investigation or preparation of a civil action in this Commonwealth.
(b)Request.-- A request for dissemination shall include an unsworn statement by the requesting party or the requesting party's legal representative, made subject to the penalties of section 4904 (relating to unsworn falsification to authorities), that the requested information is directly related to a civil action pending in a court in this Commonwealth or, if the requesting party is a crime victim or the crime victim's legal representative, material and necessary to the investigation or preparation of a civil action in this Commonwealth. A request for dissemination shall identify or describe the information sought with sufficient specificity to enable the criminal justice agency to ascertain which information is being requested.
(c)Service.-- A request for dissemination shall be served on the records information officer. Service shall be effective upon receipt of the request by the records information officer or head of the criminal justice agency via personal service or certified mail with receipt.
(d)Dissemination.-- Subject to section 9158.3 (relating to denial), a criminal justice agency shall disseminate criminal history investigative information in response to a request for dissemination within 60 days of receipt of the request for dissemination or by the date returnable on the request for dissemination, whichever is later. The criminal justice agency may impose reasonable fees for costs incurred to comply with the request.
(e)Receipt of information.-- Dissemination of information under this section may be made to the requesting party or the requesting party's legal representative, or the attorney for the requesting party or the requesting party's legal representative, as directed by the request for information. Criminal history investigative dissemination obtained under this subchapter shall be discoverable in a civil action directly related to the crime, unless otherwise nondiscoverable or privileged from discovery.
(f)Subpoenas.-- A criminal justice agency may, in its sole discretion, respond to a subpoena in a pending civil action seeking disclosure of criminal history investigative information as a request for dissemination under this subchapter. Nothing under this subchapter shall relieve a criminal justice agency of also responding to a subpoena as otherwise required by law or court rule.
18c9158.2v
Cross References. Section 9158.2 is referred to in section 9158 of this title.
18c9158.3s
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