44 Pa.C.S. Ch. 7

in effect

44 Pa.C.S. § 7 Pennsylvania State Police.

The Pennsylvania State Police shall promulgate, as necessary, rules, regulations or guidelines to implement this act, including providing that law enforcement agencies may not disclose to a person requesting the information the missing person's location if the missing person is not a minor and requests confidentiality and: (1) the missing person was the victim of a personal injury crime, as that term is defined in the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, committed by the person requesting the information; (2) an order has been issued under 23 Pa.C.S. Ch. 61 or 42 Pa.C.S. Ch. 62A against the person requesting the information for the protection of the missing person; (3) the missing person is enrolled in the Address Confidentiality Program administered by the Office of Victim Advocate; or (4) the missing person is under the protection of the Witness Protection Program of the United States Department of Justice or a similar program administered by a state or local government. Explanatory Note. Act 4 amended or added section 2908 of Title 18 and sections 2302, 2303, 2312, 2316.2, 2316.3, 2316.4, 2319 of Title 44.

44 Pa.C.S. § 701 Short title of chapter.

This chapter shall be known and may be cited as the Uniform Electronic Legal Material Act.

44 Pa.C.S. § 702 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Bureau." The Legislative Reference Bureau. "Electronic." Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. "Legal material." Whether or not in effect, any of the following: (1) The Constitution of the Commonwealth of Pennsylvania. (2) The Laws of Pennsylvania under 1 Pa.C.S. § 1103 (relating to preparation of statutes for printing). (3) The Pennsylvania Code and the Pennsylvania Bulletin. (4) A Commonwealth agency regulation that has or had the effect of law. (5) (Reserved). (6) Reported decisions of: (i) the Supreme Court; (ii) Superior Court; or (iii) Commonwealth Court. (7) Rules of court under 42 Pa.C.S. § 1722 (relating to adoption of administrative and procedural rules). "Official publisher." As follows: (1) For the Constitution of the Commonwealth of Pennsylvania, the bureau. (2) For the Laws of Pennsylvania under 1 Pa.C.S. § 1105 (relating to editing statutes for printing), the bureau. (3) For the Pennsylvania Code and the Pennsylvania Bulletin, the Joint Committee on Documents. (4) For a regulation published in the Pennsylvania Code, the bureau. (5) (Reserved). (6) (Reserved). (7) For a State court decision included under paragraph (6) of the definition of "legal material," the prothonotary of the applicable court. (8) For rules of court under 42 Pa.C.S. § 1722, the Administrative Office of Pennsylvania Courts. (9) (Reserved). "Publish." To display, present or release to the public, or cause to be displayed, presented or released to the public, by the official publisher. "Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. "State." A state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. (Nov. 5, 2021, P.L.427, No.82, eff. imd.) 2021 Amendment. Act 82 amended the defs. of "legal material" and "official publisher." See section 1 of Act 82 in the appendix to this title for special provisions relating to findings and declarations.

44 Pa.C.S. § 703 Applicability.

This chapter applies to all legal material in an electronic record that is designated as official under section 704 (relating to legal material in official electronic record).

44 Pa.C.S. § 704 Legal material in official electronic record.

(a) Exclusive electronic publication.--If an official publisher publishes legal material only in an electronic record, the publisher shall: (1) designate the electronic record as official; and (2) comply with sections 705 (relating to authentication of official electronic record), 707 (relating to preservation and security of legal material in official electronic record) and 708 (relating to public access to legal material in official electronic record). (b) Multiple publication.--An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the publisher complies with sections 705, 707 and 708. Cross References. Section 704 is referred to in sections 703, 705, 707 of this title.

44 Pa.C.S. § 705 Authentication of official electronic record.

An official publisher of legal material in an electronic record that is designated as official under section 704 (relating to legal material in official electronic record) shall authenticate the record. To authenticate an electronic record, the publisher must provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher. Cross References. Section 705 is referred to in sections 704, 706 of this title.

44 Pa.C.S. § 706 Effect of authentication.

(a) Pennsylvania.--Legal material in an electronic record that is authenticated under section 705 (relating to authentication of official electronic record) is presumed to be an accurate copy of the legal material. (b) Other states.--If another state has adopted a law substantially similar to this chapter, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material. (c) Contest.--A party contesting the authentication of legal material in an electronic record authenticated under section 705 has the burden of proving by a preponderance of the evidence that the record is not authentic.

44 Pa.C.S. § 707 Preservation and security of legal material in official electronic record.

(a) Duty.--An official publisher of legal material in an electronic record that is or was designated as official under section 704 (relating to legal material in official electronic record) shall provide for the preservation and security of the record in an electronic form or a form that is not electronic. (b) Requirements.--If legal material is preserved under subsection (a) in an electronic record, the official publisher shall: (1) ensure the integrity of the record; (2) provide for backup and disaster recovery of the record; and (3) ensure the continuing usability of the material. Cross References. Section 707 is referred to in sections 704, 708 of this title.

44 Pa.C.S. § 708 Public access to legal material in official electronic record.

An official publisher of legal material in an electronic record that is required to be preserved under section 707 (relating to preservation and security of legal material in official electronic record) shall ensure that the material is reasonably available for use by the public on a permanent basis. Cross References. Section 708 is referred to in section 704 of this title.

44 Pa.C.S. § 709 Standards.

In implementing this chapter, an official publisher of legal material in an electronic record shall consider: (1) standards and practices of other jurisdictions; (2) the most recent standards regarding authentication of, preservation and security of and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies; (3) the needs of users of legal material in an electronic record; (4) the views of governmental officials and entities and other interested persons; and (5) to the extent practicable, methods and technologies for the authentication of, preservation and security of and public access to, legal material which are compatible with the methods and technologies used by other official publishers in this Commonwealth and in other states that have adopted a law substantially similar to this chapter.

44 Pa.C.S. § 710 Uniformity of application and construction.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

44 Pa.C.S. § 711 Relation to Electronic Signatures in Global and National Commerce Act.

To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this chapter may supersede provisions of that act.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=44Fetched: 10/16/2026