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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 566(3) and 586(3) of Title 2 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 566. Confidential communications in presence of interpreter.
An interpreter appointed under this subchapter may not be
compelled to testify, in any judicial proceeding or
administrative proceeding, to statements made by the person with
limited English proficiency and interpreted by the interpreter
when the person with limited English proficiency is engaged in a
confidential communication as provided by any statute or general
rule, including, but not limited to:
* * *
(3) 42 Pa.C.S. § 5942 (relating to [confidential]
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communications to news reporters).
* * *
§ 586. Confidential communications in presence of interpreter.
An interpreter appointed under this subchapter may not be
compelled to testify, in any judicial proceeding or
administrative proceeding, to statements made by the person who
is deaf and interpreted by the interpreter when the person who
is deaf is engaged in a confidential communication as provided
by any statute or general rule, including, but not limited to:
* * *
(3) 42 Pa.C.S. § 5942 (relating to [confidential]
communications to news reporters).
* * *
Section 2. Sections 4415(3) and 4436(3) of Title 42 are
amended to read:
§ 4415. Confidential communications in presence of interpreter.
An interpreter appointed under this subchapter shall not be
compelled to testify in any judicial proceeding or
administrative proceeding to any statements made by the person
with limited English proficiency and interpreted by the
interpreter when the person with limited English proficiency is
engaged in a confidential communication as provided by any
statute or general rule, including, but not limited to:
* * *
(3) Section 5942 (relating to [confidential]
communications to news reporters).
* * *
§ 4436. Confidential communications in presence of interpreter.
An interpreter appointed under this subchapter shall not be
compelled to testify in any judicial proceeding or
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administrative proceeding to any statements made by the person
who is deaf and interpreted by the interpreter when the person
who is deaf is engaged in a confidential communication as
provided by any statute or general rule, including, but not
limited to:
* * *
(3) Section 5942 (relating to [confidential]
communications to news reporters).
* * *
Section 3. Section 5942 heading and (a) of Title 42 is
amended and the section is amended by adding subsections to
read:
§ 5942. [Confidential communications] Communications to news
reporters.
(a) [General rule] Confidential communications to news
reporters.--No person engaged on, connected with, or employed by
any newspaper of general circulation or any press association or
any radio or television station, or any magazine of general
circulation, for the purpose of gathering, procuring, compiling,
editing or publishing news, shall be required to disclose the
source of any information procured or obtained by such person,
in any legal proceeding, trial or investigation before any
government unit.
* * *
(c) Communications and news gathering information not
involving source identity.--A person engaged on, connected with
or employed by a newspaper of general circulation, press
association, radio or television station or magazine of general
circulation, for the purposes of gathering, procuring,
compiling, editing or publishing news, shall have a qualified
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privilege to refuse to disclose their nonconfidential sources
and materials.
(d) Court ordered disclosure.--The privilege under
subsection (c) may only be overcome by order of a court in
accordance with the following:
(1) A party to a matter before a court must demonstrate
the following:
(i) The party has made an effort to obtain the
information from other sources.
(ii) The information is only accessible through
persons described in subsection (c).
(iii) The information is critical to the case.
(2) A court shall order disclosure only of the portion
of the information sought that meets all the criteria under
paragraph (1) with clear and specific findings made after a
hearing.
(e) Limitation.--The following limitations shall apply to
this section:
(1) Any information obtained in violation of this
section shall be inadmissible in an action or proceeding or
hearing before an agency.
(2) No fine or imprisonment may be imposed against a
person for any refusal to disclose information privileged by
the provisions of this section.
(3) The privilege contained within this subsection shall
apply to a supervisory or employer third person or
organization having authority over the individual described
in subsection (c).
Section 4. This act shall take effect in 60 days.
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