On November 3, 2022, Governor Wolf signed into law Act 134 entitled “Crime Victim Right of Access”.  Effective May 2, 2023, Act 134 amends Title 18 (Crimes & Offenses) 18 Pa. C.S. §9158, adding a new subchapter to the Criminal History Record Information Act (CHRIA) which creates a procedure by which a party may request and obtain criminal history investigative information from a criminal justice agency for use in civil action.  

Materials will only be provided to a requesting party as defined in 18 Pa. C.S. §9158 or a requesting party’s attorney. A requesting party is “a crime victim or a defendant in a civil action in which a crime victim is a party.” Id. Furthermore, a “crime victim” is any individual “against whom a crime has been committed or attempted and who as a direct result of the criminal act or attempt suffers physical or mental injury, death or the loss of earnings.” 18 Pa. C.S. § 11.103.

REQUEST

All Crime Victim Right of Access Requests must include the following:

1. Crime Victim Right of Access Request Form: this form must be thoroughly and accurately completed. Attorneys should include their client’s name and information as the requesting party.  Click here to access the Crime Victim Right of Access Request Form.
   
   
2. Specific description of the information requested: all requests must describe the information sought with sufficient specificity to enable the Open Records Office to ascertain what is being requested. 18 Pa. C.S. 9158.2(b). Failure to adequately identify the information sought shall be grounds for denial. Requests must include the following: name of the victim, name of the defendant/suspected defendant, incident date, and police jurisdiction.
   
   
3. Unsworn Statement: all requests shall include an unsworn statement by the requesting party and/or the requesting party’s legal representative meeting the requirements of 18 Pa. C.S. 9158.2(b).  Click here to access the Unsworn Statement.

 The failure to comply with the foregoing may result in denial. Please be sure to retain a copy of all materials submitted; these materials will be needed in the event of any future appeal.

RESPONSE

A written response granting or denying the request will be provided within sixty (60) days of receipt of the request or by the date returnable on the request, whichever is later.

The Open Records Office may deny a request, in whole or in part, for any of the reasons provided in 18 Pa. C.S. §9158.3. Absent extenuating circumstances, all requests for information related to a pending investigation or prosecution will be denied. Where appropriate, the Radnor Township Police Department may request a protective order limiting further dissemination of the requested materials.

The information and requirements contained herein are subject to change, without notice, and will be further amended pursuant to any rules and regulations provided by the Pennsylvania Office of the Attorney General and/or the Supreme Court of Pennsylvania.