In Re: Order Amending Rule 1512 of the Pennsylvania Rules of Appellate Procedure ( 2023 )

APPELLATE COURT PROCEDURAL RULES COMMITTEE
ADOPTION REPORT
Amendment of Pa.R.A.P. 1512
On November 6, 2023, the Supreme Court of Pennsylvania adopted amendments
to Pennsylvania Rule of Appellate Procedure 1512. The Appellate Court Procedural
Rules Committee has prepared this Adoption Report describing the rulemaking
process. An Adoption Report should not be confused with Comments to the rules. See
Pa.R.J.A. 103, cmt. The statements contained herein are those of the Committee, not
the Court.
The Criminal History Record Information Act, 18 Pa.C.S. §§ 9101 et seq., was
recently amended to allow a requesting party or their legal representative to “obtain
criminal history investigative information for use in or investigation of an actual or potential
civil action in this Commonwealth relating to that criminal history investigative
information.” 18 Pa.C.S. § 9158.1. Prior to the amendment, the Act contained strict
confidentiality provisions that did not permit the disclosure of investigative information to
the crime victim.
The Act contains provisions for the request to the criminal justice agency, service
of the request, dissemination of the information, receipt of the information, grounds for
the denial of the request, and judicial review of denials. See 18 Pa.C.S. §§ 9158.2-9158.4.
To initiate judicial review, within 45 days after service of a denial, a requesting party must
file a petition for review in the court of common pleas in any judicial district in which the
criminal justice agency that issued the denial is located. However, if the criminal justice
agency has statewide jurisdiction, the petition for review must be filed in Commonwealth
Court. 18 Pa.C.S. § 9158.4(a)-(c). Notably, only specific grounds for a denial can be
appealed. See id. §§ 9158.3(a), 9158.4(a). Section 9158.7(b) of the Act directs the
Supreme Court to promulgate rules necessary to implement the Act.
To implement the new provisions of the Act, Pa.R.A.P. 1512(b) has been amended
to include the Act’s 45-day appellate window as an exception to the default 30-day window
set forth in subdivision (a). The Comment has been revised to include a reference to 18
Pa.C.S. § 9158.3(a)(2) to remind readers that appellate review is limited to certain
grounds for a denial. Stylistic revisions to the rule text have also been made.
The Committee did not previously publish the amendments for comment because
the amendments codify the current requirements of the Act into the Rules of Appellate
Procedure.
The amendments become effective on January 1, 2024.