PRINTER'S NO. 727
No. 667 Session of 1987
INTRODUCED BY LETTERMAN, DAVIES, MARKOSEK, GODSHALL AND BOWLEY,
MARCH 9, 1987
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 9, 1987
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for wiretaps for
3 certain Game Code violations.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5708 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 5708. Order authorizing interception of wire or oral
9 communications.
10 (a) Authorization.--Except in cases referred to in
11 subsection (b), the Attorney General, or, during the absence or
12 incapacity of the Attorney General, a deputy attorney general
13 designated in writing by the Attorney General or the district
14 attorney or, during the absence or incapacity of the district
15 attorney, an assistant district attorney designated in writing
16 by the district attorney of the county wherein the interception
17 is to be made, may make written application to any Superior
18 Court judge for an order authorizing the interception of a wire
1 or oral communication by the investigative or law enforcement
2 officers or agency having responsibility for an investigation
3 involving suspected criminal activities when such interception
4 may provide evidence of the commission of any of the following
5 offenses, or may provide evidence aiding in the apprehension of
6 the perpetrator or perpetrators of any of the following
7 offenses:
8 (1) Under this title:
9 Section 2501 (relating to criminal homicide)
10 Section 2502 (relating to murder)
11 Section 2503 (relating to voluntary manslaughter)
12 Section 2706 (relating to terroristic threats)
13 Section 2901 (relating to kidnapping)
14 Section 3121 (relating to rape)
15 Section 3123 (relating to involuntary deviate sexual
16 intercourse)
17 Section 3301 (relating to arson and related offenses)
18 Section 3302 (relating to causing or risking
19 catastrophe)
20 Section 3502 (relating to burglary)
21 Section 3701 (relating to robbery)
22 Section 3921 (relating to theft by unlawful taking or
23 disposition)
24 Section 3922 (relating to theft by deception)
25 Section 3923 (relating to theft by extortion)
26 Section 4701 (relating to bribery in official and
27 political matters)
28 Section 4702 (relating to threats and other improper
29 influence in official and political matters)
30 Section 5513 (relating to gambling devices, gambling,
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1 etc.)
2 Section 5514 (relating to pool selling and
3 bookmaking)
4 (2) Under this title, where such offense is dangerous to
5 life, limb or property and punishable by imprisonment for
6 more than one year:
7 Section 3925 (relating to receiving stolen property)
8 Section 3926 (relating to theft of services)
9 Section 3927 (relating to theft by failure to make
10 required disposition of funds received)
11 Section 4108 (relating to commercial bribery and
12 breach of duty to act disinterestedly)
13 Section 4109 (relating to rigging publicly exhibited
14 contest)
15 Section 4902 (relating to perjury)
16 Section 4907 (relating to tampering with witnesses
17 and informants)
18 Section 4909 (relating to witness or informant taking
19 bribe)
20 Section 4911 (relating to tampering with public
21 records or information)
22 Section 5101 (relating to obstructing administration
23 of law or other governmental function)
24 Section 5504 (relating to harassment by communication
25 or address)
26 Section 5902 (relating to prostitution and related
27 offenses)
28 (3) Under the act of July 22, 1970 (P.L.513, No.178),
29 known as the "Pennsylvania Cigarette Tax Act," where such
30 offense is dangerous to life, limb or property and punishable
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1 by imprisonment for more than one year:
2 Section 902. Sales of unstamped cigarettes.
3 Section 903. Possession of unstamped cigarettes.
4 Section 904. Counterfeiting.
5 (4) Any offense set forth under section 13(a) of the act
6 of April 14, 1972 (P.L.233, No.64), known as "The Controlled
7 Substance, Drug, Device and Cosmetic Act," not including the
8 offense described in clause (31) of section 13(a).
9 (5) Any offense set forth under the act of November 15,
10 1972 (P.L.1227, No.272).
11 (6) Any offense set forth in 34 Pa.C.S. §§ 2167
12 (relating to endangered or threatened species) and 2312
13 (relating to buying and selling game).
14 [(6)] (7) Any conspiracy to commit any of the offenses
15 set forth in this section.
16 (b) Exception.--Whenever the interception of wire or oral
17 communication is to be made by an investigative officer employed
18 by the Pennsylvania Crime Commission, the application for the
19 authorizing order shall be made by the Attorney General.
20 Section 2. This act shall take effect immediately.
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