HB 490 — An Act amending Titles 2 (Administrative Law and Procedure) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in depositions and witnesses, further providing for confidential communications to news reporters; and making editorial changes.

PRINTER'S NO.   479

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 490
                                                Session of
                                                  2025

     INTRODUCED BY WAXMAN, VENKAT, KHAN, GIRAL, SANCHEZ, PIELLI,
        HANBIDGE, HILL-EVANS, HADDOCK, SCHLOSSBERG, O'MARA, ISAACSON,
        OTTEN AND GREEN, FEBRUARY 5, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 2025


                                     AN ACT
 1   Amending Titles 2 (Administrative Law and Procedure) and 42
 2      (Judiciary and Judicial Procedure) of the Pennsylvania
 3      Consolidated Statutes, in depositions and witnesses, further
 4      providing for confidential communications to news reporters;
 5      and making editorial changes.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.     Sections 566(3) and 586(3) of Title 2 of the
 9   Pennsylvania Consolidated Statutes are amended to read:
10   § 566.   Confidential communications in presence of interpreter.
11      An interpreter appointed under this subchapter may not be
12   compelled to testify, in any judicial proceeding or
13   administrative proceeding, to statements made by the person with
14   limited English proficiency and interpreted by the interpreter
15   when the person with limited English proficiency is engaged in a
16   confidential communication as provided by any statute or general
17   rule, including, but not limited to:
18            * * *
19            (3)   42 Pa.C.S. § 5942 (relating to [confidential]
 1      communications to news reporters).
 2             * * *
 3   § 586.    Confidential communications in presence of interpreter.
 4      An interpreter appointed under this subchapter may not be
 5   compelled to testify, in any judicial proceeding or
 6   administrative proceeding, to statements made by the person who
 7   is deaf and interpreted by the interpreter when the person who
 8   is deaf is engaged in a confidential communication as provided
 9   by any statute or general rule, including, but not limited to:
10             * * *
11             (3)   42 Pa.C.S. § 5942 (relating to [confidential]
12      communications to news reporters).
13             * * *
14      Section 2.     Sections 4415(3) and 4436(3) of Title 42 are
15   amended to read:
16   § 4415.    Confidential communications in presence of interpreter.
17      An interpreter appointed under this subchapter shall not be
18   compelled to testify in any judicial proceeding or
19   administrative proceeding to any statements made by the person
20   with limited English proficiency and interpreted by the
21   interpreter when the person with limited English proficiency is
22   engaged in a confidential communication as provided by any
23   statute or general rule, including, but not limited to:
24             * * *
25             (3)   Section 5942 (relating to [confidential]
26      communications to news reporters).
27             * * *
28   § 4436.    Confidential communications in presence of interpreter.
29      An interpreter appointed under this subchapter shall not be
30   compelled to testify in any judicial proceeding or

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 1   administrative proceeding to any statements made by the person
 2   who is deaf and interpreted by the interpreter when the person
 3   who is deaf is engaged in a confidential communication as
 4   provided by any statute or general rule, including, but not
 5   limited to:
 6             * * *
 7             (3)   Section 5942 (relating to [confidential]
 8      communications to news reporters).
 9             * * *
10      Section 3.      Section 5942 heading and (a) of Title 42 is
11   amended and the section is amended by adding subsections to
12   read:
13   § 5942.    [Confidential communications] Communications to news
14                   reporters.
15      (a)    [General rule] Confidential communications to news
16   reporters.--No person engaged on, connected with, or employed by
17   any newspaper of general circulation or any press association or
18   any radio or television station, or any magazine of general
19   circulation, for the purpose of gathering, procuring, compiling,
20   editing or publishing news, shall be required to disclose the
21   source of any information procured or obtained by such person,
22   in any legal proceeding, trial or investigation before any
23   government unit.
24      * * *
25      (c)    Communications and news gathering information not
26   involving source identity.--A person engaged on, connected with
27   or employed by a newspaper of general circulation, press
28   association, radio or television station or magazine of general
29   circulation, for the purposes of gathering, procuring,
30   compiling, editing or publishing news, shall have a qualified

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 1   privilege to refuse to disclose their nonconfidential sources
 2   and materials.
 3      (d)   Court ordered disclosure.--The privilege under
 4   subsection (c) may only be overcome by order of a court in
 5   accordance with the following:
 6            (1)   A party to a matter before a court must demonstrate
 7      the following:
 8                  (i)    The party has made an effort to obtain the
 9            information from other sources.
10                  (ii)    The information is only accessible through
11            persons described in subsection (c).
12                  (iii)    The information is critical to the case.
13            (2)   A court shall order disclosure only of the portion
14      of the information sought that meets all the criteria under
15      paragraph (1) with clear and specific findings made after a
16      hearing.
17      (e)   Limitation.--The following limitations shall apply to
18   this section:
19            (1)   Any information obtained in violation of this
20      section shall be inadmissible in an action or proceeding or
21      hearing before an agency.
22            (2)   No fine or imprisonment may be imposed against a
23      person for any refusal to disclose information privileged by
24      the provisions of this section.
25            (3)   The privilege contained within this subsection shall
26      apply to a supervisory or employer third person or
27      organization having authority over the individual described
28      in subsection (c).
29      Section 4.        This act shall take effect in 60 days.



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