Beginning on May 2, 2023, crime victims and/or a defendant in a civil action in which the crime victim is a party may obtain criminal investigative information for use in an existing civil action or in contemplation of a potential civil action. 18 Pa. C.S. § 9158.1. CVRA requests are not the same as a RTK request. This is a specific, limited exception to CHRIA’s strict prohibition against the dissemination of investigative information. Furthermore, the Lansdale Police Department will not accept a subpoena as a CVRA request.   18 Pa. C.S. § 9158.2(f).  

Procedure for Submitting CVRA Requests

Materials will only be provided to a crime victim, a defendant in a civil action in which a crime victim is a party, or their attorney. All requests must be submitted using the Lansdale Police CVRA Request Form (#CVRA Request Form) and comply with the requirements and procedures set forth in the attached instructions (#CVRA Instructions). The failure to comply with the foregoing may result in denial.

In sum, all Crime Victim Right of Access Requests should be submitted to the Lansdale Police Office Open Records Officer (ccschreiner@lansdalepd.gov) and must include the following:

1. Crime Victim Right of Access Request Form: this form must be thoroughly and accurately completed. Attorneys should include their client’s name and information as the requesting party.
2. Specific description of the information requested: all requests must describe the information sought with sufficient specificity to enable the Open Records Office to ascertain what is being requested. 18 Pa. C.S. 9158.2(b). Failure to adequately identify the information sought shall be grounds for denial.  Requests must include the following: name of the victim, name of the defendant/suspected defendant, incident date, and police jurisdiction.
3. Unsworn Statement: all requests shall include an unsworn statement by the requesting party and/or the requesting party’s legal representative meeting the requirements of 18 Pa. C.S. 9158.2(b).
4. Attachment A: all requests must include a statement clearly demonstrating the requested information is “directly related to a civil action pending in a court of this Commonwealth” or “material and necessary to the investigation or preparation of a civil action in this Commonwealth.” 18 Pa. C.S. § 9158.2. 

The failure to comply with the foregoing may result in denial. Please be sure to retain a copy of all materials submitted; these materials will be needed in the event of any future appeal.

Fees for CVRA Requests

Pursuant to 18 Pa. C.S. §9158.2(d), the Lansdale Police Department will impose reasonable fees for costs incurred to comply with requests. For any request granted, a standard processing fee will be imposed. Payment of the processing fee is required before any work is completed to fulfill the request. Payment is currently accepted by money order or check made out to the Lansdale Police Department.

In addition, the Lansdale Police Department will impose additional fees as necessary to cover additional costs associated with providing the requested materials. A cost-estimate will be provided in advance, and payment is expected before the responsive materials are released.

Initial Processing fee	$ 250.00
Electronic storage devices such as DVDs, flash drives, and external hard drives	Cost
Retrieval	$ 6.25/fifteen minutes
Redactions	$ 6.25/fifteen minutes
Photocopying	$ 0.25/page for black & white $ 0.50/page for color
Legal work	$ 17.50/fifteen minutes
Postage	Cost

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Appeals of a CVRA Denial

The agency may deny a request, in whole or in part, for any of the reasons provided in 18 Pa. C.S. § 9158.3. Depending on the grounds, the requesting party may have the right to appeal the agency’s denial.

Under § 9158.3(a)(1), an agency shall deny a request for dissemination if, absent reasonable redactions, dissemination would:

1. Endanger a person or public safety;
2. Adversely affect an investigation or ongoing prosecution; OR
3. Relates to law enforcement’s use of confidential informants or discloses investigative techniques or procedures

A denial on any of the above grounds is not subject to judicial review. 18 Pa. C.S. § 9158.4(d).

Under §9158.3(a)(2), an agency shall deny a request where:

1. The information sought does not meet one of the two necessary criteria—“directly related to a civil action pending in a court of this Commonwealth” or “material and necessary to the investigation or preparation of a civil action in this Commonwealth;” OR
2. Dissemination would identify a third-party victim of child abuse, domestic violence or sexual abuse.

A requesting party may appeal a denial on these grounds. A petition for judicial review must be filed within forty-five (45) days of service of the denial in the Court of Common Pleas in the judicial district where the agency is located. 18 Pa. C.S. § 9158.4.

Even where requested information is provided, personal identification information, including social security numbers, driver’s license numbers, financial information, phone numbers, and e-mail addresses, shall be exempt from dissemination and must be redacted.  In addition, nothing in this new legislation permits the disclosure of otherwise non-discoverable or privileged information.

The information and requirements contained herein are subject to change, without notice, and will be further amended pursuant to any rules and regulations provided by the Pennsylvania Office of the Attorney General and/or the Supreme Court of Pennsylvania.