Dush measure addresses right-to-know records destruction
HARRISBURG — Legislation sponsored by Pennsylvania Senate State Government Committee Chairman Sen. Cris Dush, R-25, to make the intentional destruction or alteration of Right-to-Know (RTK) records a third-degree felony — Senate Bill 686 — was approved 31-18 by the Pennsylvania Senate on Wednesday.
A third-degree felony in Pennsylvania can result in up to seven years of prison and a maximum $15,000 fine.
“I find it deeply troubling that Pennsylvania’s long-standing RTK law mentions no criminal offense for destroying or altering records subject to a RTK request,” Dush said. “Not surprisingly, the rule of law is entirely thwarted whenever government officials or their staff intentionally dispose or suppress records that have been requested under RTK provisions, and which the public has every right to examine.”
In addition to referencing the missing email communications from a sexual harassment investigation involving the Shapiro administration, Dush cited the Luzerne County “Kids for Cash” scandal as another prime example of why Senate Bill 686 is necessary.
“When details about the ‘Kids for Cash’ scandal began to come out and an FBI investigation was pending, government officials furiously destroyed the incriminating records,” said Dush. “Both of these well-documented incidents at the state and local level, and so many others, make it crystal clear that the non-existent penalties for destroying RTK records are not adequate to deter this type of criminal behavior.”
Senate Bill 686 was unanimously advanced 11-0 by the Senate State Government Committee on May 17.
“Those who cannot handle the truth should not get away with criminally suppressing the truth,” said Dush. “In short, the punishment for violating our commonwealth’s RTK law must fit the crime. It’s well past time in Pennsylvania to balance the scales of justice against this preposterous ‘get-out-of-jail-free-card’ for the flagrant destruction of RTK records with a maximum third-degree felony conviction.”
Senate Bill 686 now advances to the Pennsylvania House of Representatives for consideration.
