SB 627 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in actions, proceedings and other matters generally, providing for reporting of deaths; and imposing penalties.

PRINTER'S NO.   620

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 627
                                                Session of
                                                  2025

     INTRODUCED BY CAPPELLETTI, KIM, SCHWANK, SAVAL, STREET, COSTA,
        KANE, MUTH AND L. WILLIAMS, APRIL 11, 2025

     REFERRED TO JUDICIARY, APRIL 11, 2025


                                    AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in actions, proceedings
 3      and other matters generally, providing for reporting of
 4      deaths; and imposing penalties.
 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 chapter to read:
 9                                CHAPTER 66A
10                            REPORTING OF DEATHS
11   Sec.
12   66A01.   Scope of chapter.
13   66A02.   Definitions.
14   66A03.   Required reporting.
15   66A04.   Penalties.
16   66A05.   Compliance reports.
17   66A06.   Regulations.
18   66A07.   Temporary regulations.
19   66A08.   Death certificates.
 1   66A09.   Deaths in Custody Review Panel.
 2   § 66A01.    Scope of chapter.
 3      This chapter relates to the mandated reporting of individuals
 4   in custody.
 5   § 66A02.    Definitions.
 6      The following words and phrases when used in this chapter
 7   shall have the meanings given to them in this section unless the
 8   context clearly indicates otherwise:
 9      "Bureau."    The Federal Bureau of Justice Assistance.
10      "Commission."    The Pennsylvania Commission on Crime and
11   Delinquency.
12      "Death in Custody Reporting Act."      34 U.S.C. § 60105
13   (relating to state information regarding individuals who die in
14   the custody of law enforcement).
15      "Individual in custody."      An individual who is detained or
16   stopped by a police officer, engaged in an actual or perceived
17   pursuit by law enforcement, under arrest, in the process of
18   being arrested, en route to be incarcerated or incarcerated at a
19   municipal or county jail, State prison, State-run boot camp
20   prison, boot camp prison that is contracted out by the
21   Commonwealth, a State or local contract facility or other State
22   or local correctional facility. The term includes a juvenile
23   facility.
24      "Medical facility."      As defined in 18 Pa.C.S. § 3203
25   (relating to definitions).
26      "Police officer."       As defined in 53 Pa.C.S. § 2162 (relating
27   to definitions).
28      "Responsible individual or entity."      The individual, private
29   entity or public entity that is responsible for an individual in
30   custody.

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 1   § 66A03.    Required reporting.
 2      In accordance with the Death in Custody Reporting Act:
 3            (1)   Each responsible individual or entity shall report a
 4      death of an individual:
 5                  (i)    while the individual is in the custody of the
 6            responsible individual or entity on a monthly basis to
 7            the commission; or
 8                  (ii)    while the individual is on a compassionate
 9            release, medical furlough, bail or any other release from
10            custody, if the death occurs:
11                         (A)   within three days of the release; and
12                         (B)   in a medical facility.
13            (2)   The commission shall compile the reports under
14      paragraph (1) and submit the information to the bureau.
15   § 66A04.    Penalties.
16      The failure to report the death of an individual in custody
17   under this chapter shall be a misdemeanor, and an agency may be
18   fined up to $1,000 for each day that the death was not reported.
19   § 66A05.    Compliance reports.
20      (a)     Report.--Beginning December 1, 2026, and each December 1
21   thereafter, the commission shall submit a compliance report to
22   the General Assembly, including all of the following
23   information:
24            (1)   Compliance with the submission of reports of each
25      death of an individual in custody from the responsible
26      individual or entity to the commission.
27            (2)   Compliance with the submission of the reports of
28      death of an individual in custody from the commission to the
29      bureau.
30      (b)     Review.--The Office of Attorney General shall review the

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 1   following for each report submitted under subsection (a):
 2            (1)   The accuracy of the information provided in the
 3      report.
 4            (2)   Whether the report was submitted in accordance with
 5      the requirements under subsection (a).
 6   § 66A06.    Regulations.
 7      The commission may promulgate rules and regulations to
 8   administer and enforce this chapter.
 9   § 66A07.    Temporary regulations.
10      (a)     Authority.--In order to facilitate the prompt
11   implementation of this chapter, the commission may promulgate
12   temporary regulations that shall expire no later than two years
13   following the publication of the temporary regulations. The
14   commission may promulgate temporary regulations not subject to:
15            (1)   Section 612 of the act of April 9, 1929 (P.L.177,
16      No.175), known as The Administrative Code of 1929.
17            (2)   Sections 201, 202, 203, 204 and 205 of the act of
18      July 31, 1968 (P.L.769, No.240), referred to as the
19      Commonwealth Documents Law.
20            (3)   Sections 204(b) and 301(10) of the act of October
21      15, 1980 (P.L.950, No.164), known as the Commonwealth
22      Attorneys Act.
23            (4)   The act of June 25, 1982 (P.L.633, No.181), known as
24      the Regulatory Review Act.
25      (b)     Expiration.--The commission's authority to adopt
26   temporary regulations under subsection (a) shall expire two
27   years after the effective date of this section. Regulations
28   adopted after this period shall be promulgated as provided by
29   law.
30      (c)     Notice.--The commission shall transmit notice of

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 1   temporary regulations to the Legislative Reference Bureau for
 2   publication in the next available issue of the Pennsylvania
 3   Bulletin.
 4   § 66A08.    Death certificates.
 5      Notwithstanding the provisions of Article V of the act of
 6   June 29, 1953 (P.L.304, No.66), known as the Vital Statistics
 7   Law of 1953, a certificate of death or fetal death shall include
 8   a section for notation or check-off to indicate if a person or
 9   fetus died in custody.
10   § 66A09.    Deaths in Custody Review Panel.
11      (a)     Establishment.--The Deaths in Custody Review Panel is
12   established within the commission.
13      (b)     Purpose.--The purpose of the panel is to review deaths
14   of individuals in custody and propose recommendations for the
15   prevention of future deaths of individuals in custody.
16      (c)     Members.--The panel shall consist of the following
17   members:
18            (1)   The Secretary of Health, or a designee.
19            (2)   A justice of the Pennsylvania Supreme Court selected
20      by the Chief Justice of the Pennsylvania Supreme Court, or a
21      designee.
22            (3)   A doctor of internal medicine appointed by the
23      Governor.
24            (4)   Two members appointed by the President pro tempore
25      of the Senate as follows:
26                  (i)    One psychiatrist licensed to practice in this
27            Commonwealth who is not employed by a governmental
28            entity.
29                  (ii)    One social worker or social service provider
30            who previously was or is currently employed by a State

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 1          correctional institution.
 2          (5)   Two members appointed by the Minority Leader of the
 3    Senate as follows:
 4                (i)    One individual representative of corrections
 5          officers.
 6                (ii)    One forensic pathologist who is certified by
 7          the American Board of Pathology and has been practicing
 8          in good standing for at least five years.
 9          (6)   Two members appointed by the Speaker of the House of
10    Representatives as follows:
11                (i)    One attorney admitted to practice law in this
12          Commonwealth who specializes in prisoners' rights.
13                (ii)    One representative from the Pennsylvania Prison
14          Society.
15          (7)   Two members appointed by the Minority Leader of the
16    House of Representatives as follows:
17                (i)    One emergency medical services provider who is
18          not employed by a governmental entity.
19                (ii)    One health statistician who is not employed by
20          a governmental entity.
21    (d)   Member terms.--Member terms shall be as follows:
22          (1)   Except as provided under paragraph (2), a member
23    shall be appointed for a term of four years and shall serve
24    until a successor is appointed.
25          (2)   The following shall apply to the members initially
26    appointed to the panel:
27                (i)    A member initially appointed under subsection
28          (c)(1), (2) or (3) shall serve for a term of one year and
29          shall serve until a successor is appointed.
30                (ii)    A member initially appointed under subsection

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 1            (c)(4) or (5) shall serve for a term of two years and
 2            shall serve until a successor is appointed.
 3                  (iii)    A member initially appointed under subsection
 4            (c)(6) or (7) shall serve a term of three years and shall
 5            serve until a successor is appointed.
 6      (e)   Meetings.--The panel shall meet when necessary, at least
 7   once every six months, to fulfill the duties and goals of the
 8   panel. The initial meeting of the panel shall be held within 60
 9   days of the effective date of this section.
10      (f)   Duties.--
11            (1)   The panel shall review death cases identified by the
12      commission from sources, including, but not limited to, the
13      following:
14                  (i)    Checkboxes on a decedent's death certificate.
15                  (ii)    Vital statistics linkage of individual's
16            custodial status with death records.
17                  (iii)    Direct referrals from health care facilities
18            and health care providers.
19                  (iv)    Medical examiners and coroners.
20            (2)   In conducting a review of a death case of an
21      individual in custody, the panel may review the following:
22                  (i)    Medical examiner and coroner's reports or
23            postmortem examination records.
24                  (ii)    Death certificates and birth certificates.
25                  (iii)    Law enforcement records and interviews with
26            law enforcement officials, provided that the release of
27            the records will not jeopardize an ongoing criminal
28            investigation or proceeding.
29                  (iv)    Medical records from hospitals and other health
30            care providers.

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 1                (v)    Information made available by firefighters or
 2          emergency services personnel.
 3                (vi)    Reports and records made available by the court
 4          to the extent permitted by law or court rule.
 5                (vii)    Reports to animal control.
 6                (viii)    Emergency medical services records.
 7                (ix)    Department of Human Services records.
 8                (x)    Any other records necessary to conduct the
 9          review.
10          (3)   Data under paragraph (2) is not limited to
11    summaries, annual reports, abstracts or other abbreviated
12    documents. There shall be a presumption that data requested
13    by the panel shall be relevant and shall be provided to the
14    panel. Data may not be withheld from the panel absent a
15    showing of good cause.
16          (4)   The panel shall summarize causes of death and
17    findings and report recommendations regarding the prevention
18    of deaths of individuals in custody.
19          (5)   The panel shall submit a report consisting of
20    aggregated, nonindividually identifiable findings and
21    recommendations at least every year to the chairperson of the
22    Judiciary Committee of the Senate and the chairperson of the
23    Judiciary Committee of the House of Representatives. The
24    report shall include, but not be limited to:
25                (i)    Trends in deaths of individuals in custody as
26          identified by the panel.
27                (ii)    Policy recommendations.
28    (g)   Authority to access data.--
29          (1)   Notwithstanding any other provision of law and
30    consistent with the Health Insurance Portability and

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 1      Accountability Act of 1996 (Public Law 104-191, 110 Stat.
 2      1936), health care facilities and health care providers shall
 3      provide medical records of the deceased under review without
 4      the authorization of a person in interest to the panel for
 5      purposes of review under this section.
 6            (2)   Other records pertaining to the deceased under
 7      review for the purposes of this section shall be open to
 8      inspection as permitted by law.
 9            (3)   Licensed health care providers, health care
10      facilities and pharmacies shall provide reasonable access to
11      the panel for the purpose of reviewing medical records
12      associated with death cases under review by the panel.
13      (h)   Confidentiality and protection of collected data,
14   proceedings and activities.--
15            (1)   The panel shall maintain the confidentiality of any
16      identifying information obtained relating to the death of an
17      individual in custody, including the names of the deceased,
18      guardians, family members, caretakers and alleged or
19      suspected perpetrators of abuse, neglect or a criminal act.
20            (2)   Each member of the panel and any person appearing
21      before the panel shall sign a confidentiality agreement
22      applicable to all proceedings and reviews conducted by the
23      panel.
24            (3)   An individual or agency that in good faith provides
25      information or records to the commission shall not be subject
26      to civil or criminal liability as a result of providing the
27      information or record.
28            (4)   The proceedings, deliberations and records of the
29      panel are privileged and confidential and shall not be
30      subject to discovery, subpoena or introduction into evidence

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 1      in a civil or criminal action.
 2            (5)   Meetings of the panel at which a specific death is
 3      discussed shall be closed to the public and shall not be
 4      subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to
 5      open meetings).
 6            (6)   Nothing in this section shall prevent the panel from
 7      allowing the attendance of a person, including a parent, with
 8      information relevant to a review at a panel meeting.
 9            (7)   A person who violates the provisions of this
10      subsection commits a misdemeanor of the third degree.
11            (8)   Information collected under this section shall be
12      summarized and reported in an aggregated, nonindividually
13      identifiable manner.
14            (9)   Information collected under this act shall be exempt
15      from the act of February 14, 2008 (P.L.6, No.3), known as the
16      Right-to-Know Law.
17      (i)   Definitions.--As used in this section, the following
18   words and phrases shall have the meanings given to them in this
19   subsection unless the context clearly indicates otherwise:
20      "Panel."    The Deaths in Custody Review Panel established
21   under subsection (a).
22      Section 2.    This act shall take effect in 60 days.




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