Pennsylvania Will Allow Access to Criminal Investigative Materials In Civil Cases
The Pennsylvania Governor has signed into law a new subchapter to Pennsylvania’s Criminal History Record Information Act (“CHRIA”) that implements a statutory process by which tort victims can obtain investigatory information gathered by a law enforcement agency to assist in preparing and filing a civil claim in Pennsylvania Courts. On November 3, 2022, Governor Wolf signed House Bill No. 2525 (“HB 2525”) into law. This law should allow access to people that are injured in accidents and other matters to finally access the some of the criminal investigative materials.
The new law requires any criminal history information requested to be “directly related” to a civil action pending in a Pennsylvania court, or be “material and necessary” to the investigation or preparation of a civil action to be filed in a Pennsylvania court.