Legislation to classify the intentional destruction or alteration of Right-to-Know (RTK) records as a third-degree felony has been approved by the Pennsylvania Senate. The bill, sponsored by Senator Cris Dush, passed with a 31-18 vote.
Senator Dush expressed concern over the lack of criminal penalties for such actions under the current RTK law. “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,” he stated. He emphasized that this oversight undermines the rule of law when officials dispose of or suppress requested records.
Dush highlighted past incidents, including missing emails from a sexual harassment investigation involving the Shapiro administration and the Luzerne County “Kids for Cash” scandal, to illustrate the necessity of Senate Bill 686. “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,” he noted.
Under Pennsylvania law, a third-degree felony can lead to up to seven years in prison and a fine of up to $15,000. Dush argued that appropriate penalties are needed to prevent record destruction: “Those who cannot handle the truth should not get away with criminally suppressing the truth.”
The bill will now proceed to the Pennsylvania House of Representatives for further consideration.
