PRINTER'S NO. 2193
No. 1726 Session of 2005
INTRODUCED BY HERMAN, ROSS, GINGRICH, LESCOVITZ AND TANGRETTI, JUNE 14, 2005
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 2005
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, further providing for 3 form of permanent recordation and for copies of destroyed 4 records. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Sections 4323 and 4324 of Title 42 of the 8 Pennsylvania Consolidated Statutes are amended to read: 9 § 4323. Form of permanent recordation. 10 [Records which are classified as records of permanent value 11 shall, prior to destruction or other removal from the office of 12 the person having custody thereof, be processed in conformity 13 with general rules so that they may be reproduced by any 14 photostatic, photographic, microphotographic, microfilm, video 15 tape, magnetic tape, or other mechanical process which produces 16 a clear, accurate and permanent copy, microcopy or reproduction 17 of the original, in accordance with standards not less than 18 those approved for permanent records by the National Bureau of
1 Standards.] Any photostatic, photographic, microphotographic, 2 microfilm, microcard, miniature photographic, optical, 3 electronic or other process which accurately reproduces the 4 original and forms a durable medium for recording, storing and 5 reproducing the original in accordance with standards, policies 6 and procedures for the creation, maintenance, transmission or 7 reproduction of images of records approved by the governing 8 authority may be utilized for reproducing records as authorized 9 in accordance with this subchapter. Any document within the 10 scope of this section and which previously has been recorded, 11 copied or recopied also may be reproduced by processes 12 authorized by this section. 13 § 4324. Copies of destroyed records. 14 The photostatic, photographic, microphotographic, 15 microfilmed, miniature photographic, optical, electronic or 16 otherwise reproduced copy of any record destroyed or disposed of 17 as authorized pursuant to this subchapter, or a certified copy 18 thereof, shall be admissible in evidence in any matter, and 19 shall have the same force and effect as though the original 20 record had been produced and proved. It shall be the duty of the 21 person who would have had custody of the original record, had it 22 not been destroyed pursuant to law, to prepare enlarged, typed 23 or photographic copies of such reproduced records whenever their 24 production is required. 25 Section 2. This act shall take effect immediately. D22L42VDL/20050H1726B2193 - 2 -