4 Pa.C.S. Ch. 39

4 Pa.C.S. Ch. 39
in effect

4 Pa.C.S. § 3901 Exclusion or ejection of certain persons.

(a) General rule.--The board shall by regulation provide for the establishment of a list of persons who are to be excluded or ejected from the video gaming area of an establishment licensee. The provisions shall define the standards for exclusion and shall include standards relating to persons who are career or professional offenders as defined by regulations of the board or whose presence in a video gaming area would, in the opinion of the board, be inimical to the interest of the Commonwealth or of licensed video gaming in this Commonwealth, or both. (b) Categories to be defined.--The board shall promulgate definitions establishing categories of persons who shall be excluded or ejected pursuant to this section, including cheats and persons whose privileges for licensure, certification, permit or registration have been revoked. (c) Discrimination prohibited.--Race, color, creed, national origin or ancestry or sex shall not be a reason for placing the name of a person upon a list under this section. (d) Prevention of access.--The board shall, in consultation with terminal operator licensees and establishment licensees, develop policies and procedures to reasonably prevent persons on the list required by this section from entering a video gaming area. (e) Sanctions.--The board may impose sanctions upon an establishment licensee in accordance with this part if the establishment licensee knowingly fails to implement the policies and procedures established by the board under paragraph (d). (f) List not all-inclusive.--A list compiled by the board under this section shall not be deemed an all-inclusive list, and an establishment licensee shall keep from the video gaming area persons known to the establishment licensee to be within the classifications declared in this section and the regulations promulgated under this section whose presence in a video gaming area would be inimical to the interest of the Commonwealth or of licensed video gaming in this Commonwealth, or both, as defined in standards established by the board. (g) Notice.--If the bureau decides to place the name of a person on a list pursuant to this section, the bureau shall serve notice of the decision to the person by personal service or certified mail at the last known address of the person. The notice shall inform the person of the right to request a hearing under subsection (h). (h) Hearing.-- (1) Within 30 days after receipt of notice in accordance with subsection (g), the person named for exclusion or ejection may demand a hearing before the board, at which hearing the bureau must demonstrate that the person named for exclusion or ejection satisfies the criteria for exclusion or ejection established by this section and the board's regulations. (2) Failure of the person to demand a hearing within 30 days after service shall be deemed an admission of all matters and facts alleged in the bureau's notice and shall preclude the person from having an administrative hearing, but shall in no way affect the right to judicial review as provided in this section. (i) Review.-- (1) If, upon completion of a hearing on the notice of exclusion or ejection, the board determines that placement of the name of the person on the exclusion or ejection list is appropriate, the board shall make and enter an order to that effect. (2) The order shall be subject to review by the Commonwealth Court in accordance with the rules of court.

4 Pa.C.S. § 3902 Repeat offenders.

(a) Discretion to exclude or eject.--An establishment licensee may exclude or eject from the establishment licensee's video gaming area or premises a person who is known to it to have been convicted of a misdemeanor or felony committed in or on the premises of a licensed establishment. (b) Construction.--Nothing in this section or in any other law of this Commonwealth shall be construed to limit the right of an establishment licensee to exercise its common law right to exclude or eject permanently from its video gaming area or premises a person who: (1) disrupts the operations of its premises; (2) threatens the security of its premises or its occupants; or (3) is disorderly or intoxicated.

4 Pa.C.S. § 3903 Self-exclusion.

(a) Establishment of list.-- (1) The board shall provide by regulation for the establishment of a list of persons self-excluded from video gaming activities within specific establishment licensees or establishment licensees in geographic areas of the Commonwealth. (2) A person may request placement on the list of self-excluded persons by: (i) acknowledging in a manner to be established by the board that the person is a problem gambler; (ii) agreeing that, during any period of voluntary exclusion, the person may not collect any winnings or recover any losses resulting from any video gaming activity within establishment licensees and that person may be subject to arrest for trespass; and (iii) agreeing to another condition established by the board. (b) Regulations.--The regulations of the board shall establish: (1) Procedures for placement on and removal from the list of a self-excluded person. (2) Procedures for the transmittal to establishment licensees of identifying information concerning a self-excluded person and shall require establishment licensees to establish reasonable procedures designed at a minimum to prevent entry of a self-excluded person into the video gaming area of an establishment licensee, provided that the board may not require video gaming terminals to be equipped with identification card-reading devices or require establishment licensees to purchase identification card-reading devices. (3) Procedures for the transmittal to terminal operator licensees of identifying information concerning a self-excluded person and shall require terminal operator licensees to establish procedures to remove self-excluded persons from customer loyalty or reward card programs and targeted mailings or other forms of advertising or promotions. (c) Liability.--An establishment licensee or employee thereof shall not be liable to a self-excluded person or to another party in a judicial proceeding for harm, monetary or otherwise, which may arise as a result of: (1) the failure of the establishment licensee to withhold video gaming privileges from or restore video gaming privileges to the self-excluded person; or (2) otherwise permitting or not permitting the self-excluded person to engage in video gaming activity within the establishment licensee's premises while on the list of self-excluded persons. (d) Nondisclosure.--Notwithstanding any other law to the contrary, the board's list of self-excluded persons shall not be open to public inspection.

4 Pa.C.S. § 3904 Investigations and enforcement.

(a) Powers and duties of bureau.--The bureau shall have the following powers and duties: (1) Enforce the provisions of this part. (2) Investigate and review applicants and applications for a license or registration. The bureau shall be prohibited from disclosing any portion of a background investigation report to a member of the board prior to the submission of the bureau's final background investigation report relating to the applicant's suitability for licensure to the board. The Office of Enforcement Counsel, on behalf of the bureau, shall prepare the final background investigation report for inclusion in a final report relating to the applicant's suitability for licensure. (3) Investigate licensees, registrants and other persons regulated by the board under this part for noncriminal violations of this part, including potential violations referred to the bureau by the board or other person. (4) Monitor video gaming operations to ensure compliance with this part. (5) Inspect and examine licensed entities. Inspections may include the review and reproduction of documents or records. (6) Conduct reviews of a licensed entity as necessary to ensure compliance with this part. A review may include the review of accounting, administrative and financial records, management control systems, procedures and other records utilized by a licensed entity. (7) Refer possible criminal violations to the Pennsylvania State Police. The bureau shall not have the power of arrest. (8) Cooperate in the investigation and prosecution of criminal violations related to this part. (9) Be a criminal justice agency under 18 Pa.C.S. Ch. 91 (relating to criminal history record information). (b) Office of Enforcement Counsel.--The board's Office of Enforcement Counsel shall act as the prosecutor in all noncriminal enforcement actions initiated by the bureau under this part and shall have the following powers and duties: (1) Advise the bureau on all matters, including the granting of licenses or registrations, the conduct of background investigations, audits and inspections and the investigation of potential violations of this part. (2) File on behalf of the bureau recommendations and objections relating to the issuance of licenses and registrations. (3) Initiate, in its sole discretion, proceedings for noncriminal violations of this part by filing a complaint or other pleading with the board. (c) Powers and duties of department.-- (1) The department shall at all times have the power of access to examine and audit equipment and records relating to all aspects of the operation of video gaming terminals and redemption terminals under this part. (2) Notwithstanding the provisions of section 353(f) of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, the department shall supply the board, the bureau, the Pennsylvania State Police and the Office of Attorney General with information concerning the status of delinquent taxes owed by applicants or licensees. (d) Powers and duties of the Pennsylvania State Police.--The Pennsylvania State Police shall have the following powers and duties: (1) Promptly conduct background investigations on persons as directed by the board under this part. The Pennsylvania State Police may contract with other law enforcement annuitants to assist in the conduct of investigations under this paragraph. (2) Initiate proceedings for criminal violations of this part. (3) Provide the board with all information necessary for all actions under this part for all proceedings involving criminal enforcement of this part. (4) Inspect, when appropriate, a licensee's person and personal effects present within an establishment licensee's premises under this part while that licensee is present. (5) Enforce the criminal provisions of this part and all other criminal laws of this Commonwealth. (6) Fingerprint applicants. (7) Exchange fingerprint data with and receive national criminal history record information from the Federal Bureau of Investigation for use in background investigations performed by the bureau under this part. (8) Receive and take appropriate action on any referral from the bureau relating to criminal conduct. (9) Conduct administrative inspections on the premises of an establishment licensee at such times, under such circumstances and to such extent as the bureau determines to ensure compliance with this part and the regulations of the board and, in the course of inspections, review and make copies of all documents and records required by the inspection through onsite observation and other reasonable means to assure compliance with this part and regulations promulgated under this part. (10) Conduct audits or verification of information of video gaming terminal operations at such times, under such circumstances and to such extent as the bureau determines. This paragraph includes the review of accounting, administrative and financial records and management control systems, procedures and records utilized by a terminal operator licensee. (11) Assign members of the Pennsylvania State Police to duties of enforcement under this part. Those members shall not be counted toward the complement as provided in section 205 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. (12) Report to the General Assembly. By March 1 of each year, the Commissioner of the Pennsylvania State Police shall submit a report to the Appropriations Committee of the Senate, the Community, Economic and Recreational Development Committee of the Senate, the Appropriations Committee of the House of Representatives and the Gaming Oversight Committee of the House of Representatives. The report shall summarize all law enforcement activities at each establishment licensee during the previous calendar year and shall include all of the following: (i) The number of arrests made and citations issued at each establishment licensee and the name of the law enforcement agency making the arrests or issuing the citations. (ii) A list of specific offenses charged for each arrest made or citation issued. (iii) The number of criminal prosecutions resulting from arrests made or citations issued. (iv) The number of convictions resulting from prosecutions reported under subparagraph (iii). (13) Report violations of this part to the bureau that are found during the normal course of duties required under any law of this Commonwealth. (e) Powers and duties of Attorney General.--The Gaming Unit within the Office of Attorney General shall investigate and institute criminal proceedings as authorized under subsection (f). (f) Criminal action.-- (1) The district attorneys of the several counties shall have authority to investigate and to institute criminal proceedings for a violation of this part. (2) In addition to the authority conferred upon the Attorney General under the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and, following consultation with the appropriate district attorney, to institute criminal proceedings for a violation of this part. (3) A person charged with a violation of this part by the Attorney General shall not have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge. (g) Regulatory action.--Nothing contained in subsection (e) shall be construed to limit the existing regulatory or investigative authority of an agency or the Commonwealth whose functions relate to persons or matters within the scope of this part. (h) Inspection, seizure and warrants.-- (1) The board, the bureau, the department and the Pennsylvania State Police shall have the authority without notice and without warrant to do all of the following in the performance of their duties under this part: (i) Inspect and examine all premises where video gaming operations are conducted; where video gaming terminals, redemption terminals and associated equipment are manufactured, sold, distributed or serviced; or where records of these activities are prepared or maintained. (ii) Inspect all equipment and supplies in, about, upon or around premises referred to in subparagraph (i). (iii) Seize, summarily remove and impound equipment and supplies from premises referred to in subparagraph (i) for the purposes of examination and inspection. (iv) Inspect, examine and audit all books, records and documents pertaining to a terminal operator licensee's video gaming operation. (v) Seize, impound or assume physical control of any book, record, ledger or device related to video gaming operations or the video gaming terminals or redemption terminals. (2) The provisions of paragraph (1) shall not be construed to limit warrantless inspections except in accordance with constitutional requirements. (3) To further effectuate the purposes of this part, the bureau and the Pennsylvania State Police may obtain administrative warrants for the inspection and seizure of property possessed, controlled, bailed or otherwise held by an applicant, licensee, intermediary, subsidiary, affiliate or holding company. (i) Information sharing and enforcement referral.--With respect to the administration, supervision and enforcement of this part, the bureau, the department, the Pennsylvania State Police or the Office of Attorney General may obtain or provide pertinent information regarding applicants or licensees from or to law enforcement entities or gaming authorities of the Commonwealth and other domestic, foreign or federally approved jurisdictions, including the Federal Bureau of Investigation, and may transmit the information to each other electronically. Cross References. Section 3904 is referred to in section 3305 of this title.

4 Pa.C.S. § 3905 Prohibited acts and penalties.

(a) Criminal offenses.-- (1) The provisions of 18 Pa.C.S. § 4902 (relating to perjury), 4903 (relating to false swearing) or 4904 (relating to unsworn falsification to authorities) shall apply to a person providing information or making a statement, whether written or oral, to the board, the bureau, the department, the Pennsylvania State Police or the Office of Attorney General, as required by this part. (2) It shall be unlawful for a person to willfully: (i) fail to report, pay or truthfully account for and pay over a license fee, authorization fee, tax or assessment imposed under this part; or (ii) attempt in any manner to evade or defeat a license fee, authorization fee, tax or assessment imposed under this part. (3) It shall be unlawful for a licensed entity, gaming employee, key employee or any other person to permit a video gaming terminal to be operated, transported, repaired or opened on the premises of an establishment licensee by a person other than a person licensed or permitted by the board pursuant to this part. (4) It shall be unlawful for a licensed entity or other person to manufacture, supply or place video gaming terminals, redemption terminals or associated equipment into play or display video gaming terminals, redemption terminals or associated equipment on the premises of an establishment licensee without the authority of the board. (5) It shall be unlawful for a licensed entity or other person to manufacture, supply, operate, carry on or expose for play a video gaming terminal or associated equipment after the person's license has expired or failed to be renewed in accordance with this part. (6) It shall be unlawful for an individual while on the premises of an establishment licensee to knowingly use currency other than lawful coin or legal tender of the United States or a coin not of the same denomination as the coin intended to be used in the video gaming terminal or use a counterfeit or altered redemption tickets with the intent to cheat or defraud a terminal operator licensee or the Commonwealth or damage the video gaming terminal or redemption terminal. (7) (i) Except as set forth in subparagraph (ii), it shall be unlawful for an individual to use or possess a cheating or thieving device, counterfeit or altered billet, ticket, token or similar object accepted by a video gaming terminal or counterfeit or altered redemption ticket on the premises of an establishment licensee. (ii) An authorized employee of a licensee or an employee of the board may possess and use a cheating or thieving device, counterfeit or altered billet, ticket, token or similar object accepted by a video gaming terminal or counterfeit or altered redemption ticket in performance of the duties of employment. (8) (i) Except as set forth in subparagraph (ii), it shall be unlawful for an individual to knowingly possess or use while on the premises of an establishment licensee a key or device designed for the purpose of and suitable for opening or entering a video gaming terminal or redemption terminal that is located on the premises of the establishment licensee. (ii) An authorized employee of a licensee or a member of the board may possess and use a device referred to in subparagraph (i) in the performance of the duties of employment. (9) It shall be unlawful for a person or licensed entity to possess a device, equipment or material which the person or licensed entity knows has been manufactured, distributed, sold, tampered with or serviced in violation of this part with the intent to use the device, equipment or material as though it had been manufactured, distributed, sold, tampered with or serviced pursuant to this part. (10) It shall be unlawful for a person to sell, offer for sale, represent or pass off as lawful any device, equipment or material that the person or licensed entity knows has been manufactured, distributed, sold, tampered with or serviced in violation of this part. (11) It shall be unlawful for an individual to work or be employed in a position the duties of which would require licensing under this part without first obtaining the requisite license issued under this part. (12) It shall be unlawful for a licensed entity to employ or continue to employ an individual in a position the duties of which require a license under this part if the individual: (i) Is not licensed under this part. (ii) Is prohibited from accepting employment from a licensee. (13) It shall be unlawful for a minor to enter and remain in any video gaming area, except that an individual at least 18 years of age employed by a terminal operator licensee, a gaming service provider, an establishment licensee, the board or another regulatory or emergency response agency may enter and remain in the area while engaged in the performance of the individual's employment duties. (14) It shall be unlawful for a minor to wager, play or attempt to play a video gaming terminal or submit a redemption ticket into a redemption terminal. (15) It shall be unlawful for a terminal operator licensee to require a video gaming terminal wager to be greater than the stated minimum wager or greater than the stated maximum wager. (16) An individual who engages in conduct prohibited by 18 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) on the premises of an establishment licensee commits a nongambling offense. (17) It shall be unlawful for an individual to claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a video gaming terminal or redemption terminal with the intent to defraud, or to claim, collect or take an amount greater than the amount won, or to manipulate with the intent to cheat, a component of a video gaming terminal or redemption terminal in a manner contrary to the designed and normal operational purpose. (b) Criminal penalties and fines.-- (1) (i) A person that commits a first offense in violation of 18 Pa.C.S. § 4902, 4903 or 4904 in connection with providing information or making any statement, whether written or oral, to the board, the bureau, the department, the Pennsylvania State Police, the Office of Attorney General or a district attorney as required by this part commits an offense to be graded in accordance with the applicable section violated. A person that is convicted of a second or subsequent violation of 18 Pa.C.S. § 4902, 4903 or 4904 in connection with providing information or making any statement, whether written or oral, to the board, the bureau, the department, the Pennsylvania State Police, the Office of Attorney General or a district attorney as required by this part commits a felony of the second degree. (ii) A person that violates subsection (a)(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12) or (17) commits a misdemeanor of the first degree. A person that is convicted of a second or subsequent violation of subsection (a)(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12) or (17) commits a felony of the second degree. (2) (i) For a first violation of subsection (a)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12) or (17), a person shall be sentenced to pay a fine of: (A) not less than $75,000 nor more than $150,000 if the person is an individual or establishment licensee; (B) not less than $300,000 nor more than $600,000 if the person is a terminal operator licensee; or (C) not less than $150,000 nor more than $300,000 if the person is a licensed manufacturer or supplier. (ii) For a second or subsequent violation of subsection (a)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12) or (17), a person shall be sentenced to pay a fine of: (A) not less than $150,000 nor more than $300,000 if the person is an individual or establishment licensee; (B) not less than $600,000 nor more than $1,200,000 if the person is a terminal operator licensee; or (C) not less than $300,000 nor more than $600,000 if the person is a licensed manufacturer or supplier. (3) An individual who commits an offense in violation of subsection (a)(13) or (14) commits a nongambling summary offense and upon conviction of a first offense shall be sentenced to pay a fine of not less than $200 nor more than $1,000. An individual who is convicted of a second or subsequent offense under subsection (a)(13) or (14) shall be sentenced to pay a fine of not less than $500 nor more than $1,500. In addition to the fine imposed, an individual convicted of an offense under subsection (a)(13) or (14) may be sentenced to perform a period of community service not to exceed 40 hours. (4) An individual who commits an offense in violation of subsection (a)(16) commits a nongambling offense to be graded in accordance with 18 Pa.C.S. § 6308 and shall be subject to the same penalties imposed pursuant to 18 Pa.C.S. §§ 6308 and 6310.4 (relating to restriction of operating privileges) except that the fine imposed for a violation of subsection (a)(16) shall be not less than $350 nor more than $1,000. (c) Board-imposed administrative sanctions.-- (1) In addition to any other penalty authorized by law, the board may impose without limitation the following sanctions: (i) Revoke the license of a person convicted of a criminal offense under this part or regulations promulgated under this part or committing any other offense or violation of this part or applicable law that would otherwise disqualify the person from holding the license. (ii) Revoke the license of a person determined to have violated a provision of this part or regulations promulgated under this part that would otherwise disqualify the person from holding the license. (iii) Revoke the license of a person for willfully and knowingly violating or attempting to violate an order of the board directed to the person. (iv) Subject to subsection (g), assess administrative penalties as necessary to punish violations of this part. (v) Order restitution of money or property unlawfully obtained or retained by a licensee. (vi) Enter cease and desist orders which specify the conduct which is to be discontinued, altered or implemented by a licensee. (vii) Issue letters of reprimand or censure, which letters shall be made a permanent part of the file of the licensee so sanctioned. (2) (i) If the board refuses to issue or renew a license, suspends or revokes a license, assesses civil penalties, orders restitution, enters a cease and desist order or issues a letter of reprimand or censure, the board shall provide the applicant or licensee with written notification of its decision, including a statement of the reasons for its decision, by certified mail within five business days of the decision of the board. (ii) The applicant or licensee shall have the right to appeal the decision in accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action). (d) Aiding and abetting.--A person who aids, abets, counsels, commands, induces, procures or causes another person to violate this part shall be subject to all sanctions and penalties, both civil and criminal, provided under this part. (e) Continuing offenses.--A violation of this part that is determined to be an offense of a continuing nature shall be deemed to be a separate offense on each event or day during which the violation occurs. (f) Property subject to seizure, confiscation, destruction or forfeiture.--Any equipment, device or apparatus, money, material, gaming proceeds or substituted proceeds or real or personal property used, obtained or received or an attempt to use, obtain or receive the device, apparatus, money, material, proceeds or real or personal property in violation of this part shall be subject to seizure, confiscation, destruction or forfeiture. (g) Penalty limitation.-- (1) Administrative penalties assessed by the board on an establishment licensee shall not exceed $5,000 for each noncriminal violation of this part. (2) When imposing an administrative penalty on an establishment licensee for a noncriminal violation of this part, the board shall take into consideration the establishment licensee's annual taxable income and whether the penalty amount would cause the establishment licensee to cease non-video gaming operations. (h) Deposit of fines.--Fines imposed and collected by the board under subsection (c) shall be deposited into the General Fund. References in Text. 18 Pa.C.S. § 6310.4, referred to in subsec. (b)(4), was repealed by the act of October 24, 2018, P.L.659, No.95. Cross References. Section 3905 is referred to in sections 3906, 4302 of this title.

4 Pa.C.S. § 3906 Report of suspicious transactions.

(a) Duty.--An establishment licensee or terminal operator licensee or a person acting on behalf of an establishment licensee or terminal operator licensee shall, on a form and in a manner as required by the bureau, notify the bureau of a suspicious transaction. (b) Failure to report.-- (1) A person that is required to file a report of a suspicious transaction under this section and knowingly fails to file the report or that knowingly causes another person having that responsibility to fail to file the report commits a misdemeanor of the third degree. (2) A person required to file a report of a suspicious transaction under this section and fails to file the report or a person that causes another person required under this section to file the report to fail to file the report shall be strictly liable for the person's actions and may be subject to sanction under section 3905(c) (relating to prohibited acts and penalties). (c) Bureau.--The bureau shall maintain a record of all reports made under this section for a period of five years. The bureau shall make the reports available to any Federal or State law enforcement agency upon written request and without necessity of subpoena. (d) Notice prohibited.-- (1) A person that is required to file a report of a suspicious transaction under this section may not notify an individual suspected of committing the suspicious transaction that the transaction has been reported. (2) A person that violates this subsection commits a misdemeanor of the third degree and may be subject to sanction under section 3905(c). (e) Immunity.--A person that is required to file a report of a suspicious transaction under this section and in good faith makes the report shall not be liable in any civil action brought by a person for making the report, regardless of whether the transaction is later determined to be a suspicious transaction. (f) Sanctions.-- (1) In considering appropriate administrative sanctions against a person for violating this section, the board shall consider all of the following: (i) The risk to the public and to the integrity of gaming operations created by the conduct of the person. (ii) The seriousness of the conduct of the person and whether the conduct was purposeful and with knowledge that it was in contravention of the provisions of this part or regulations promulgated under this part. (iii) Justification or excuse for the conduct by the person. (iv) The prior history of the particular licensee or person involved with respect to video gaming terminal activity. (v) The corrective action taken by the establishment licensee or terminal operator licensee to prevent future misconduct of a like nature from occurring. (vi) In the case of a monetary penalty, the amount of the penalty in relation to the severity of the misconduct and the financial means of the licensee or person. The board may impose any schedule or terms of payment of such penalty as it may deem appropriate. (2) It shall be no defense to disciplinary action before the board that a person inadvertently, unintentionally or unknowingly violated this section. The factors enumerated under paragraph (1) shall only apply to the degree of the penalty to be imposed by the board and not to a finding of a violation itself. (g) Regulations.--The board shall promulgate regulations to effectuate the purposes of this section.

4 Pa.C.S. § 3907 Additional authority.

(a) Petition for access to agency information.-- (1) The director of the Office of Enforcement Counsel within the bureau may petition a court of record having jurisdiction over information in the possession of an agency in this Commonwealth or, if there is no such court, then the Commonwealth Court for authorization to review or obtain information in the possession of an agency in this Commonwealth by averring specific facts demonstrating that: (i) The agency has in its possession information material to a pending investigation or inquiry being conducted by the bureau pursuant to this part. (ii) Disclosure or release of the information is in the best interest of the Commonwealth. (2) The petition shall request that the court enter a rule upon the agency to show cause why the agency should not be directed to disclose to the bureau, or identified agents thereof, information in the agency's possession about any pending matter under the jurisdiction of the bureau pursuant to this part. (3) If the respondent is a local agency, a copy of a rule issued pursuant to this section shall be provided to the district attorney of the county in which the local agency is located and the Office of Attorney General. (4) Upon request of a local agency, the district attorney or the Attorney General may elect to enter an appearance to represent the local agency in the proceedings. (b) Procedure.-- (1) The filing of a petition pursuant to this section and related proceedings shall be in accordance with court rule, including issuance as of course. (2) A party to the proceeding may not disclose the filing of a petition or answer or the receipt, content or disposition of a rule or order issued pursuant to this section, without leave of court. (3) A party to the proceedings may request that the record be sealed and proceedings be closed. The court shall grant the request if it is in the best interest of a person or the Commonwealth to do so. (c) Court determination.-- (1) Following review of the record, the court shall grant the relief sought by the director of the Office of Enforcement Counsel if the court determines that: (i) The agency has in its possession information material to the investigation or inquiry. (ii) Disclosure or release of the information is in the best interest of the Commonwealth. (iii) The disclosure or release of the information is not otherwise prohibited by statute or regulation. (iv) The disclosure or release of the information would not inhibit an agency in the performance of the agency's duties. (2) If the court so determines, the court shall enter an order authorizing and directing the information be made available for review in camera. (d) Release of materials or information.-- (1) If, after an in-camera review by the court, the director of the Office of Enforcement Counsel seeks to obtain copies of materials in the agency's possession, the court may, if not otherwise prohibited by statute or regulation, enter an order that the requested materials be provided. (2) An order authorizing the release of materials or other information shall contain direction regarding the safekeeping and use of the materials or other information sufficient to satisfy the court that the materials or information will be sufficiently safeguarded. (3) In making the determination under paragraph (2) the court shall consider input of the agency in possession of the information and input from any agency with which the information originated concerning a pending investigation or ongoing matter and the safety of person and property. (e) Modification of order.-- (1) If subsequent investigation or inquiry by the bureau warrants modification of an order entered pursuant to this section, the director of the Office of Enforcement Counsel may petition to request modification of the order. (2) Upon the request, the court may modify the order at any time and in any manner it deems necessary and appropriate. (3) The agency named in the original petition shall be given notice and an opportunity to be heard. (f) Use of information or materials.--A person who, by any means authorized by this section, has obtained knowledge of information or materials solely pursuant to this section may use the information or materials in a manner consistent with any direction imposed by the court and appropriate to the proper performance of the person's duties under this part. (g) Violation.--In addition to the remedies and penalties provided in this part, a violation of the provisions of this section may be punished as contempt of court. (h) Definition.--As used in this section, the term "agency" shall mean a "Commonwealth agency" or a "local agency" as those terms are defined in section 102 of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

4 Pa.C.S. § 3908 Detention.

(a) General rule.--A peace officer who has probable cause to believe that criminal violation of this part has occurred or is occurring on or about an establishment licensee's premises and who has probable cause to believe that a specific individual has committed or is committing the criminal violation may detain the individual in a reasonable manner for a reasonable time on the premises of the establishment licensee to require the suspect to identify himself, to verify such identification or to inform a peace officer. (b) Immunity.--A peace officer shall not be subject to civil or criminal liability for detention of an individual in accordance with subsection (a).
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=04Fetched: 10/16/2026