Pennsylvania SB 627: 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.

Bill Text

PRINTER'S NO. 620
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 627
Session of
2025
INTRODUCED BY CAPPELLETTI, KIM, SCHWANK, SAVAL, STREET, COSTA,
KANE, MUTH AND L. WILLIAMS, APRIL 11, 2025
REFERRED TO JUDICIARY, APRIL 11, 2025
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, 2026, 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
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following for each report submitted under subsection (a):
(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 commissio