Pennsylvania HB 1397: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in preliminary provisions relating to actions, proceedings and other matters generally, providing for use of media devices.

Bill Text

PRINTER'S NO. 1591
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1397
Session of
2025
INTRODUCED BY FLICK, KHAN, WAXMAN, CIRESI, FRITZ, PICKETT,
RYNCAVAGE, REICHARD, COOPER, M. BROWN, OLSOMMER AND K.HARRIS,
MAY 5, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MAY 5, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in preliminary provisions
relating to actions, proceedings and other matters generally,
providing for use of media devices.
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 section to read:
§ 5112. Use of media devices.
(a) General rule.--Except as provided in subsection (b), a
person may use or operate a media device to capture, record,
transmit or broadcast an image, video or audio of a judicial
proceeding without the approval of the court or presiding
judicial officer.
(b) Exception.--Subsection (a) shall not apply to:
(1) A proceeding relating to sexual abuse.
(2) A proceeding relating to domestic violence.
(3) A proceeding under 23 Pa.C.S. Ch. 61 (relating to
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protection from abuse).
(4) A proceeding under Chapter 62A (relating to
protection of victims of sexual violence or intimidation).
(5) The testimony of a child witness.
(6) The testimony of a confidential informant.
(c) 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:
"Confidential informant." As defined in 18 Pa.C.S. §
3124.2(b) (relating to institutional sexual assault).
"Domestic violence." A personal injury crime perpetrated
against a family or household member.
"Family or household member." As defined in 23 Pa.C.S. §
6102 (relating to definitions).
"Personal injury crime." As defined in 23 Pa.C.S. § 3103
(relating to definitions).
"Sexual abuse." An activity prohibited under any of the
following provisions of 18 Pa.C.S. (relating to crimes and
offenses):
(1) Chapter 30 (relating to human trafficking), if the
activity involved sexual servitude, as defined in 18 Pa.C.S.
§ 3001 (relating to definitions).
(2) Chapter 31 (relating to sexual offenses).
(3) Section 4302 (relating to incest).
(4) Section 4304 (relating to endangering welfare of
children), if the activity involved sexual contact with an
individual under 18 years of age.
(5) Section 5902(b), (b.1), (d) or (e) (relating to
prostitution and related offenses).
(6) Section 6312 (relating to sexual abuse of children).
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(7) Section 6320 (relating to sexual exploitation of
children).
Section 2. This act shall take effect in 60 days.
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