Pennsylvania Act 1990-138 — JUDICIAL CODE (42 PA.C.S.) - AMEND AFFIDAVITS OF SEARCH WARRANTS

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND AFFIDAVITS OF SEARCH WARRANTS
                 Act of Nov. 21, 1990, P.L. 558, No. 138              Cl. 42
                             Session of 1990
                               No. 1990-138

                                  AN ACT

     HB 727

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, authorizing prosecuting
        attorneys to seal affidavits setting forth probable cause for
        the issuance of a search warrant.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 42 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 8934.  Sealing of affidavits.
        Upon a sufficient showing by the attorney for the
     Commonwealth at an ex parte hearing before a common pleas court
     judge, the court shall order the district attorney to seal the
     affidavit or affidavits setting forth probable cause for the
     issuance of a search warrant until the date of common pleas
     court arraignment, unless the period is extended by the court
     for good cause shown. If the case is to be tried in the
     Philadelphia Municipal Court, the affidavit or affidavits shall
     be sealed until the time of discovery, unless the period is
     extended for good cause shown.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 21st day of November, A. D. 1990.

     ROBERT P. CASEY