Crime Victim Right of Access Request

Please carefully review these instructions prior to submitting a request pursuant to 18 Pa. C.S. § 9158 et seq.

This statutory section permits crime victims to request criminal investigative materials. Investigative 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. The requesting party must provide sufficient information to establish that they meet the statutory requirements to be entitled to these materials.

Crime Victim Right of Access Requests submitted to the Lower Paxton Township Bureau of Police 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.
  1. Specific description of the information requested: All requests must describe the information sought with sufficient specificity to enable the Bureau of Police 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. The requester must also provide sufficiently specific information so that we can identify the appropriate PD file.
    1. The Lower Paxton Township Bureau of Police will not provide notes of testimony, criminal convictions, or other public records that would be available to the public via a request with the Office of Judicial Support.
  2. 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).
  1. Attachment A: (provided by the requester) All requests must include a statement clearly demonstrating the requested information is “directly related to a civil action pending in a court of this Commonwealth” or “material and necessary to the investigation or preparation of a civil action in this Commonwealth.” 18 Pa. C.S. § 9158.2.

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 and the processing fee, or by the date returnable on the request, whichever is later.

  The Bureau of Police may deny a request, in whole or in part, for any of the reasons provided in 18 Pa. C.S.

§9158.3.

•Grand Jury investigative materials;

•Medical, mental health or treatment information;

•Materials protected by the attorney-client privilege or work-product privilege;

•Material protected by 42 Pa. C.S. Chapter 63 (relating to juvenile matters);

•Material subject to 42 Pa. C.S. Chapter 67A (relating to recordings by law enforcement officers);

•Interceptions obtained pursuant to the Wiretapping and Electronic Surveillance Act, 18 Pa C.S. Ch. 57

•Information that otherwise cannot be disclosed under federal or state law.

Absent extenuating circumstances, all requests for information related to a pending or active investigation or prosecution will be denied.

  Where appropriate, the Bureau of Police may request a protective order limiting further dissemination of the requested materials.

FEES

Pursuant to 18 Pa. C.S. §9158.2(d), the Bureau will impose reasonable fees for costs incurred to comply with requests. For any request granted, a standard processing fee will be imposed. Payment of the processing fee is required before any work is completed to fulfill the request.

In addition, the Police Department will impose additional fees as necessary to cover additional costs associated with providing the requested materials. A cost-estimate will be provided in advance, and payment is      expected before the responsive materials are released. In addition to sending the form and associated documents as outlined above, a requester must send a check made payable to “Lower Paxton Township” in        the amount of $30.00 in order to initiate the document request process. Payment should be sent to: Lower Paxton Township Bureau of Police, 425 Prince St. Harrisburg, PA 17109.

Processing Fee = $30.00

Electronic Storage devices such as DVD's or flash drives = Cost of the device

Redactions = $25.00

Process Summary

  1. Requester sends form, associated documents, and processing fee
  2. Once forms and fee are received, the Bureau begins the documented process
  3. Within 60 days, the Bureau will complete the gathering, redacting, and/or duplicating of the investigative documents and inform requester of any additional fees that are due.
  4. Once the Bureau has received any additional required fees, the documents will be release

*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 theAttorney General and/or the Pennsylvania Courts.

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