Judicial proceeding

Act 14 of 1949, § 1306-D, under PUBLIC SCHOOL CODE OF 1949.

Act 14 of 1949, § 1306-D

Section 1306-D. Judicial proceeding.

(a) Protection of records.--

(1) A person implementing, operating or working for the program may not be compelled to produce a record except pursuant to a court order.

(2) The Commonwealth may file a motion or an application for a search warrant and an authorization with the court for release of the record. The motion or an application for a search warrant and an authorization shall be accompanied by an affidavit establishing why the record should be produced.

(3) A criminal defendant may file a motion with the court for release of the record. The motion shall be accompanied by an affidavit establishing why the record should be produced.

(4) A copy of any application or motion filed under this section shall be served on the Office of Attorney General.

((a) amended June 28, 2019, P.L.146, No.18)

(b) In camera review.--The court may conduct an in camera review of the record requested to be produced under the motion of the Commonwealth or a criminal defendant. ((b) amended June 28, 2019, P.L.146, No.18)

(c) Decision by court.--If the court determines that the record requested under subsection (a) should be released, the court shall order the record to be produced. The court's order may require:

(1) the redaction of the identity of the individual who made the report; and

(2) limitations, if any, on the use of the materials.

((c) amended June 28, 2019, P.L.146, No.18)

(d) Sealed record.--After a decision by the court under subsection (c), a record not produced to the Commonwealth or a criminal defendant shall be sealed and preserved in the judicial record of the court and may be made available on appeal.

(e) Return of record.--After the expiration of any appeal period, the court shall return each record to the program.

(f) Standing.--The Attorney General shall have standing in any action to support or oppose the disclosure of a record in the custody of the program.

(1306-D added June 22, 2018, P.L.327, No.44)