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.

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
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in preliminary provisions
 3      relating to actions, proceedings and other matters generally,
 4      providing for use of media devices.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Title 42 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 5112.    Use of media devices.
10      (a)    General rule.--Except as provided in subsection (b), a
11   person may use or operate a media device to capture, record,
12   transmit or broadcast an image, video or audio of a judicial
13   proceeding without the approval of the court or presiding
14   judicial officer.
15      (b)    Exception.--Subsection (a) shall not apply to:
16             (1)   A proceeding relating to sexual abuse.
17             (2)   A proceeding relating to domestic violence.
18             (3)   A proceeding under 23 Pa.C.S. Ch. 61 (relating to
 1      protection from abuse).
 2            (4)   A proceeding under Chapter 62A (relating to
 3      protection of victims of sexual violence or intimidation).
 4            (5)   The testimony of a child witness.
 5            (6)   The testimony of a confidential informant.
 6      (c)   Definitions.--As used in this section, the following
 7   words and phrases shall have the meanings given to them in this
 8   subsection unless the context clearly indicates otherwise:
 9      "Confidential informant."    As defined in 18 Pa.C.S. §
10   3124.2(b) (relating to institutional sexual assault).
11      "Domestic violence."    A personal injury crime perpetrated
12   against a family or household member.
13      "Family or household member."        As defined in 23 Pa.C.S. §
14   6102 (relating to definitions).
15      "Personal injury crime."    As defined in 23 Pa.C.S. § 3103
16   (relating to definitions).
17      "Sexual abuse."    An activity prohibited under any of the
18   following provisions of 18 Pa.C.S. (relating to crimes and
19   offenses):
20            (1)   Chapter 30 (relating to human trafficking), if the
21      activity involved sexual servitude, as defined in 18 Pa.C.S.
22      § 3001 (relating to definitions).
23            (2)   Chapter 31 (relating to sexual offenses).
24            (3)   Section 4302 (relating to incest).
25            (4)   Section 4304 (relating to endangering welfare of
26      children), if the activity involved sexual contact with an
27      individual under 18 years of age.
28            (5)   Section 5902(b), (b.1), (d) or (e) (relating to
29      prostitution and related offenses).
30            (6)   Section 6312 (relating to sexual abuse of children).

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1         (7)   Section 6320 (relating to sexual exploitation of
2     children).
3     Section 2.    This act shall take effect in 60 days.




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