05. Procedure. (a) Disclosure.-- A law enforcement agency that receives a request under section 67A03 (relating to
Pennsylvania Consolidated Statutes
Section: 67A05
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 67A05
§ 67A05. Procedure. (a) Disclosure.-- A law enforcement agency that receives a request under section 67A03 (relating to
requests for law enforcement audio recordings or video recordings) for an audio recording
or video recording shall provide the audio recording or video recording or identify
in writing the basis for denying the request within 30 days of receiving the request,
unless the requester and law enforcement agency agree to a longer time period. If
an agreement under section 67A04(b)(2) (relating to law enforcement review) is in
effect between the law enforcement agency and the Attorney General or district attorney
with jurisdiction, then an agreement to a longer time period must be between the requester
and the Attorney General or district attorney with jurisdiction. (b) Denials by operation of law.-- The request under section 67A03 shall be deemed denied by operation of law if the
law enforcement agency does not provide the audio recording or video recording to
the requester or explain why the request is denied within the time period specified
or agreed to under subsection (a). (c) Preservation.-- A law enforcement agency that has received a request for an audio recording or video
recording shall preserve the unaltered audio recording or video recording that has
been requested for no less than the time periods provided in this chapter for service
of and responses to written requests for the production of the audio recording or
video recording and any period within which a petition for judicial review is allowable
or pending. (d) Fees.-- A law enforcement agency may establish reasonable fees relating to the costs incurred
to disclose audio recordings or video recordings. The fees shall be paid by the requesting
party at the time of disclosure of the audio recording or video recording. (e) Construction.-- Nothing in this section shall be construed to prohibit a law enforcement agency from
redacting an audio recording or video recording in order to protect potential evidence
in a criminal matter, information pertaining to an investigation, confidential information
or victim information. Cross References. Section 67A05 is referred to in section 67A06 of this title.
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