Pennsylvania § 9158.3 - Denial.

§ 9158.3. Denial.

(a) Grounds.--A criminal justice agency shall deny a request for dissemination if the criminal justice agency determines:

(1) That, absent reasonable redactions, the dissemination of the requested information:

(i) endangers a person or public safety;

(ii) adversely affects an investigation or ongoing prosecution; or

(iii) relates to law enforcement's use of confidential informants or discloses investigative techniques and procedures.

(2) Either that:

(i) The criminal history investigative information is not:

(A) directly relating to a civil action pending in a court in this Commonwealth; or

(B) material and necessary to the investigation or preparation of a civil action in this Commonwealth.

(ii) Dissemination of the requested information would identify a third-party victim of child abuse, domestic violence or sexual abuse, unless the criminal justice agency determines that reasonable redaction of the information will prevent identification of the third-party victim.

(b) Service of denial.--The criminal justice agency shall serve a denial in writing to the requesting party within 60 days of receipt of the request for dissemination or by the date returnable on the request for dissemination, whichever is later, identifying the grounds for denial.

Cross References. Section 9158.3 is referred to in sections 9158.2, 9158.4 of this title.