2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 67A - Recordings by Law Enforcement Officers › Section 67A01 - Definitions

§ 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."
A member of the Pennsylvania State Police, an individual employed as a police officer who holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training), a sheriff or a deputy sheriff.
"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.
(Nov. 3, 2022, P.L.1788, No.121, eff. imd.)
2022 Amendment.
Act 121 amended the def. of "law enforcement officer." See section 4 of Act 121 in the appendix to this title for special provisions relating to law enforcement certification.