PRINTER'S NO. 1258
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
996
Session of
2023
INTRODUCED BY CAPPELLETTI, HAYWOOD, FONTANA, SCHWANK, STREET,
KANE AND SAVAL, DECEMBER 8, 2023
REFERRED TO JUDICIARY, DECEMBER 8, 2023
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in actions, proceedings
and other matters generally, providing for reporting of
deaths; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 66A
REPORTING OF DEATHS
Sec.
66A01. Scope of chapter.
66A02. Definitions.
66A03. Required reporting.
66A04. Penalties.
66A05. Compliance reports.
66A06. Regulations.
66A07. Temporary regulations.
66A08. Death certificates.
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66A09. Deaths in Custody Review Panel.
§ 66A01. Scope of chapter.
This chapter relates to the mandated reporting of individuals
in custody.
§ 66A02. 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:
"Bureau." The Federal Bureau of Justice Assistance.
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Death in Custody Reporting Act." 34 U.S.C. § 60105
(relating to state information regarding individuals who die in
the custody of law enforcement).
"Individual in custody." An individual who is detained or
stopped by a police officer, engaged in an actual or perceived
pursuit by law enforcement, under arrest, in the process of
being arrested, en route to be incarcerated or incarcerated at a
municipal or county jail, State prison, State-run boot camp
prison, boot camp prison that is contracted out by the
Commonwealth, a State or local contract facility or other State
or local correctional facility. The term includes a juvenile
facility.
"Medical facility." As defined in 18 Pa.C.S. § 3203
(relating to definitions).
"Police officer." As defined in 53 Pa.C.S. § 2162 (relating
to definitions).
"Responsible individual or entity." The individual, private
entity or public entity that is responsible for an individual in
custody.
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§ 66A03. Required reporting.
In accordance with the Death in Custody Reporting Act:
(1) Each responsible individual or entity shall report a
death of an individual:
(i) while the individual is in the custody of the
responsible individual or entity on a monthly basis to
the commission; or
(ii) while the individual is on a compassionate
release, medical furlough, bail or any other release from
custody, if the death occurs:
(A) within three days of the release; and
(B) in a medical facility.
(2) The commission shall compile the reports under
paragraph (1) and submit the information to the bureau.
§ 66A04. Penalties.
The failure to report the death of an individual in custody
under this chapter shall be a misdemeanor, and an agency may be
fined up to $1,000 for each day that the death was not reported.
§ 66A05. Compliance reports.
(a) Report.--Beginning December 1, 2024, and each December 1
thereafter, the commission shall submit a compliance report to
the General Assembly including all of the following information:
(1) Compliance with the submission of reports of each
death of an individual in custody from the responsible
individual or entity to the commission.
(2) Compliance with the submission of the reports of
death of an individual in custody from the commission to the
bureau.
(b) Review.--The Office of Attorney General shall review the
following for each report submitted under subsection (a):
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(1) The accuracy of the information provided in the
report.
(2) Whether the report was submitted in accordance with
the requirements under subsection (a).
§ 66A06. Regulations.
The commission may promulgate rules and regulations to
administer and enforce this chapter.
§ 66A07. Temporary regulations.
(a) Authority.--In order to facilitate the prompt
implementation of this chapter, the commission may promulgate
temporary regulations that shall expire no later than two years
following the publication of the temporary regulations. The
commission may promulgate temporary regulations not subject to:
(1) Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(3) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(4) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(b) Expiration.--The commission's authority to adopt
temporary regulations under subsection (a) shall expire two
years after the effective date of this section. Regulations
adopted after this period shall be promulgated as provided by
law.
(c) Notice.--The commission shall transmit notice of
temporary regulations to the Legislative Reference Bureau for
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publication in the next available issue of the Pennsylvania
Bulletin.
§ 66A08. Death certificates.
Notwithstanding the provisions of Article V of the act of
June 29, 1953 (P.L.304, No.66), known as the Vital Statistics
Law of 1953, a certificate of death or fetal death shall include
a section for notation or check-off to indicate if a person or
fetus died in custody.
§ 66A09. Deaths in Custody Review Panel.
(a) Establishment.--The Deaths in Custody Review Panel is
established within the commission.
(b) Purpose.--The purpose of the panel is to review deaths
of individuals in custody and propose recommendations for the
prevention of future deaths of individuals in custody.
(c) Members.--The panel shall consist of the following
members:
(1) The Secretary of Health, or a designee.
(2) A justice of the Pennsylvania Supreme Court selected
by the Chief Justice of the Pennsylvania Supreme Court, or a
designee.
(3) A doctor of internal medicine appointed by the
Governor.
(4) Two members appointed by the President pro tempore
of the Senate as follows:
(i) One psychiatrist licensed to practice in this
Commonwealth who is not employed by a governmental
entity.
(ii) One social worker or social service provider
who previously was or is currently employed by a State
correctional institute.
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(5) Two members appointed by the Minority Leader of the
Senate as follows:
(i) One individual representative of corrections
officers.
(ii) One forensic pathologist who is certified by
the American Board of Pathology and has been practicing
in good standing for at least five years.
(6) Two members appointed by the Speaker of the House of
Representatives as follows:
(i) One attorney admitted to practice law in this
Commonwealth who specializes in prisoners' rights.
(ii) One representative from the Pennsylvania Prison
Society.
(7) Two members appointed by the Minority Leader of the
House of Representatives as follows:
(i) One emergency medical services provider who is
not employed by a governmental entity.
(ii) One health statistician who is not employed by
a governmental entity.
(d) Member terms.--Member terms shall be as follows:
(1) Except as provided under paragraph (2), a member
shall be appointed for a term of four years and shall serve
until a successor is appointed.
(2) The following shall apply to the members initially
appointed to the panel:
(i) A member initially appointed under subsection
(c)(1), (2) or (3) shall serve for a term of one year and
shall serve until a successor is appointed.
(ii) A member initially appointed under subsection
(c)(4) or (5) shall serve for a term of two years and
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shall serve until a successor is appointed.
(iii) A member initially appointed under subsection
(c) (6) or (7) shall serve a term of three years and shall
serve until a successor is appointed.
(e) Meetings.--The panel shall meet when necessary, at least
once every six months, to fulfill the duties and goals of the
panel. The initial meeting of the panel shall be held within 60
days of the effective date of this section.
(f) Duties.--
(1) The panel shall review death cases identified by the
commission from sources, including, but not limited to, the
following:
(i) Checkboxes on a decedent's death certificate.
(ii) Vital statistics linkage of individual's
custodial status with death records.
(iii) Direct referrals from health care facilities
and health care providers.
(iv) Medical examiners and coroners.
(2) In conducting a review of a death case of an
individual in custody, the panel may review the following:
(i) Medical examiner and coroner's reports or
postmortem examination records.
(ii) Death certificates and birth certificates.
(iii) Law enforcement records and interviews with
law enforcement officials , provided that the release of
the records will not jeopardize an ongoing criminal
investigation or proceeding.
(iv) Medical records from hospitals and other health
care providers.
(v) Information made available by firefighters or
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emergency services personnel.
(vi) Reports and records made available by the court
to the extent permitted by law or court rule.
(vii) Reports to animal control.
(viii) Emergency medical services records.
(ix) Department of Human Services records.
(x) Any other records necessary to conduct the
review.
(3) Data under paragraph (2) is not limited to
summaries, annual reports, abstracts or other abbreviated
documents. There shall be a presumption that data requested
by the panel shall be relevant and shall be provided to the
panel. Data may not be withheld from the panel absent a
showing of good cause.
(4) The panel shall summarize causes of death and
findings and report recommendations regarding the prevention
of deaths of individuals in custody.
(5) The panel shall submit a report consisting of
aggregated, nonindividually identifiable findings and
recommendations at least every year to the chairperson of the
Judiciary Committee of the Senate and the chairperson of the
Judiciary Committee of the House of Representatives. The
report shall include, but not be limited to:
(i) Trends in deaths of individuals in custody as
identified by the panel.
(ii) Policy recommendations.
(g) Authority to access data.--
(1) Notwithstanding any other provision of law and
consistent with the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191, 110 Stat.
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1936), health care facilities and health care providers shall
provide medical records of the deceased under review without
the authorization of a person in interest to the panel for
purposes of review under this section.
(2) Other records pertaining to the deceased under
review for the purposes of this section shall be open to
inspection as permitted by law.
(3) Licensed health care providers, health care
facilities and pharmacies shall provide reasonable access to
the panel for the purpose of reviewing medical records
associated with death cases under review by the panel.
(h) Confidentiality and protection of collected data,
proceedings and activities.--
(1) The panel shall maintain the confidentiality of any
identifying information obtained relating to the death of an
individual in custody, including the names of the deceased,
guardians, family members, caretakers and alleged or
suspected perpetrators of abuse, neglect or a criminal act.
(2) Each member of the panel and any person appearing
before the panel shall sign a confidentiality agreement
applicable to all proceedings and reviews conducted by the
panel.
(3) An individual or agency that in good faith provides
information or records to the commission shall not be subject
to civil or criminal liability as a result of providing the
information or record.
(4) The proceedings, deliberations and records of the
panel are privileged and confidential and shall not be
subject to discovery, subpoena or introduction into evidence
in a civil or criminal action.
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(5) Meetings of the panel at which a specific death is
discussed shall be closed to the public and shall not be
subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to
open meetings).
(6) Nothing in this section shall prevent the panel from
allowing the attendance of a person, including a parent, with
information relevant to a review at a panel meeting.
(7) A person who violates the provisions of this
subsection commits a misdemeanor of the third degree.
(8) Information collected under this section shall be
summarized and reported in an aggregated, nonindividually
identifiable manner.
(9) Information collected under this act shall be exempt
from the act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Panel." The Deaths in Custody Review Panel established
under subsection (a).
Section 2. This act shall take effect in 60 days.
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