PRINTER'S NO. 3581
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2543
Session of
2024
INTRODUCED BY WAXMAN, BURGOS, HILL-EVANS, GIRAL, GUENST,
SANCHEZ, OTTEN AND BOROWSKI, SEPTEMBER 6, 2024
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 6, 2024
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
communications to [news reporters] journalists).
* * *
§ 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] journalists).
* * *
Section 2. Sections 4415(3), 4436(3) and 5942 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] journalists).
* * *
§ 4436. Confidential communications in presence of interpreter.
An interpreter appointed under this subchapter shall not be
compelled to testify in any judicial proceeding or
20240HB2543PN3581 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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] journalists).
* * *
§ 5942. Confidential communications to [news reporters]
journalists.
(a) General rule.--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,] current or former
journalist 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.]
protected information or the source of protected information in
a legal proceeding, trial or investigation before any government
unit.
(b) [Exception.] Exceptions.--
(1) The provisions of subsection (a) insofar as they
relate to radio or television stations shall not apply unless
the radio or television station maintains and keeps open for
inspection, for a period of at least one year from the date
of the actual broadcast or telecast, an exact recording,
transcription, kinescopic film or certified written
transcript of the actual broadcast or telecast.
20240HB2543PN3581 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) The provisions of subsection (a) shall not apply in
a case if a court of competent jurisdiction determines, after
providing notice and an opportunity to be heard to the
covered journalist, that the disclosure of protected
information or the source of the protected information is
reasonably likely to prevent an imminent act of violence,
bodily harm or death. After the court has determined whether
the disclosure of protected information or the source of
protected information qualifies as an exception under this
subsection, each party in the case shall have the option to
appeal this decision.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Journalist." An individual who regularly and credibly
gathers, prepares, collects, photographs, records, writes,
edits, reports, investigates or publishes news or information in
a professional, nonprofessional or freelance manner that
concerns international, national or local events or other
matters of public interest for dissemination to the public.
"Protected information." Records, contents of a
communication, documents or information that a journalist
obtains or creates as part of engaging in journalism.
Section 3. This act shall take effect in 60 days.
20240HB2543PN3581 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24