SENATE AMENDED
PRIOR PRINTER'S NOS. 2199, 4341 PRINTER'S NO. 4520
No. 1664 Session of 2007
INTRODUCED BY CALTAGIRONE, MARSICO, DALEY, HARRIS, HERSHEY,
JAMES, KORTZ, R. MILLER, MYERS, O'NEILL, PAYNE, PETRONE,
PHILLIPS, REICHLEY, J. TAYLOR, WOJNAROSKI, YOUNGBLOOD, GEIST,
THOMAS, SIPTROTH AND MARKOSEK, JULY 3, 2007
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 7, 2008
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for theft of leased
3 property; AND, IN WIRETAPPING AND ELECTRONIC SURVEILLANCE, <--
4 FURTHER PROVIDING FOR DISCLOSURE OF CONTENTS AND FOR
5 EXPIRATION OF CHAPTER.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3932(b) and (c)(2) of Title 18 of the
9 Pennsylvania Consolidated Statutes are amended to read:
10 § 3932. Theft of leased property.
11 * * *
12 (b) Definition.--As used in this section[, a]:
13 (1) A person "deals with the property as his own" if he
14 sells, secretes, destroys, converts to his own use or
15 otherwise disposes of the property.
16 (2) A "written demand to return the property is
17 delivered" when it is sent SIMULTANEOUSLY by first class <--
18 mail, evidenced by a certificate of mailing, AND BY <--
1 REGISTERED OR CERTIFIED MAIL to the address provided by the
2 lessor LESSEE. <--
3 (c) Presumption.--A person shall be prima facie presumed to
4 have intent if he:
5 * * *
6 (2) fails to return the property to its owner within
7 seven days after a written demand to return the property is
8 delivered [by registered or certified mail to the person's
9 last known address].
10 * * *
11 SECTION 2. SECTION 5742 HEADING AND (A) INTRODUCTORY <--
12 PARAGRAPH OF TITLE 18 ARE AMENDED, SUBSECTION (A) IS AMENDED BY
13 ADDING A PARAGRAPH AND THE SECTION IS AMENDED BY ADDING
14 SUBSECTIONS TO READ:
15 § 5742. DISCLOSURE OF CONTENTS AND RECORDS.
16 (A) PROHIBITIONS.--EXCEPT AS PROVIDED IN SUBSECTION (B) AND
17 (C):
18 * * *
19 (3) A PERSON OR ENTITY PROVIDING AN ELECTRONIC
20 COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE TO THE
21 PUBLIC SHALL NOT KNOWINGLY DIVULGE A RECORD OR OTHER
22 INFORMATION PERTAINING TO A SUBSCRIBER TO, OR CUSTOMER OF,
23 THE SERVICE.
24 * * *
25 (C) EXCEPTIONS FOR DISCLOSURE OF RECORDS OR OTHER
26 INFORMATION.--A PERSON OR ENTITY MAY DIVULGE A RECORD OR OTHER
27 INFORMATION PERTAINING TO A SUBSCRIBER TO, OR CUSTOMER OF, THE
28 SERVICE IF ANY OF THE FOLLOWING PARAGRAPHS APPLY:
29 (1) A RECORD OR OTHER INFORMATION MAY BE DIVULGED
30 INCIDENT TO ANY SERVICE OR OTHER BUSINESS OPERATION OR TO THE
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1 PROTECTION OF THE RIGHTS OR PROPERTY OF THE PROVIDER.
2 (2) A RECORD OR OTHER INFORMATION MAY BE DIVULGED TO ANY
3 OF THE FOLLOWING:
4 (I) AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICIAL AS
5 AUTHORIZED IN SECTION 5743.
6 (II) THE SUBSCRIBER OR CUSTOMER UPON REQUEST.
7 (III) A THIRD PARTY, UPON RECEIPT FROM THE REQUESTER
8 OF ADEQUATE PROOF OF LAWFUL CONSENT FROM THE SUBSCRIBER
9 TO, OR CUSTOMER OF, THE SERVICE TO RELEASE THE
10 INFORMATION TO THE THIRD PARTY.
11 (IV) A PARTY TO A LEGAL PROCEEDING, UPON RECEIPT
12 FROM THE PARTY OF A COURT ORDER ENTERED UNDER SUBSECTION
13 (C.1). THIS SUBPARAGRAPH DOES NOT APPLY TO AN
14 INVESTIGATIVE OR LAW ENFORCEMENT OFFICIAL AUTHORIZED
15 UNDER SECTION 5743.
16 (3) NOTWITHSTANDING PARAGRAPH (2), A RECORD OR OTHER
17 INFORMATION MAY BE DIVULGED AS AUTHORIZED BY A COMMONWEALTH
18 STATUTE OR AS AUTHORIZED BY A COMMONWEALTH REGULATORY AGENCY
19 WITH OVERSIGHT OVER THE PERSON OR ENTITY.
20 (4) SUBJECT TO PARAGRAPH (2), A RECORD OR OTHER
21 INFORMATION MAY BE DIVULGED AS AUTHORIZED BY FEDERAL LAW OR
22 AS AUTHORIZED BY A FEDERAL REGULATORY AGENCY HAVING OVERSIGHT
23 OVER THE PERSON OR ENTITY.
24 (C.1) ORDER FOR RELEASE OF RECORDS.--
25 (1) AN ORDER TO DIVULGE A RECORD OR OTHER INFORMATION
26 PERTAINING TO A SUBSCRIBER OR CUSTOMER UNDER SUBSECTION
27 (C)(2)(IV) MUST BE APPROVED BY A COURT PRESIDING OVER THE
28 PROCEEDING IN WHICH A PARTY SEEKS THE RECORD OR OTHER
29 INFORMATION.
30 (2) THE ORDER MAY BE ISSUED ONLY AFTER THE SUBSCRIBER OR
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1 CUSTOMER RECEIVED NOTICE FROM THE PARTY SEEKING THE RECORD OR
2 OTHER INFORMATION AND WAS GIVEN AN OPPORTUNITY TO BE HEARD.
3 (3) THE COURT MAY ISSUE A PRELIMINARY ORDER DIRECTING
4 THE PROVIDER TO FURNISH THE COURT WITH THE IDENTITY OF OR
5 CONTACT INFORMATION FOR THE SUBSCRIBER OR CUSTOMER IF THE
6 PARTY DOES NOT POSSESS THIS INFORMATION.
7 (4) AN ORDER FOR DISCLOSURE OF A RECORD OR OTHER
8 INFORMATION SHALL BE ISSUED ONLY IF THE PARTY SEEKING
9 DISCLOSURE DEMONSTRATES SPECIFIC AND ARTICULABLE FACTS TO
10 SHOW THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE
11 RECORD OR OTHER INFORMATION SOUGHT IS RELEVANT AND MATERIAL
12 TO THE PROCEEDING. IN MAKING ITS DETERMINATION, THE COURT
13 SHALL CONSIDER THE TOTALITY OF THE CIRCUMSTANCES, INCLUDING
14 INPUT OF THE SUBSCRIBER OR CUSTOMER, IF ANY, AND THE LIKELY
15 IMPACT OF THE PROVIDER.
16 SECTION 3. SECTIONS 5743(C)(1), 5746(A), 5761(B) AND 5781 OF
17 TITLE 18 ARE AMENDED TO READ:
18 § 5743. REQUIREMENTS FOR GOVERNMENTAL ACCESS.
19 * * *
20 (C) RECORDS CONCERNING ELECTRONIC COMMUNICATION SERVICE OR
21 REMOTE COMPUTING SERVICE.--
22 [(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), A PROVIDER OF
23 ELECTRONIC COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE
24 MAY DISCLOSE A RECORD OR OTHER INFORMATION PERTAINING TO A
25 SUBSCRIBER TO OR CUSTOMER OF THE SERVICE, NOT INCLUDING THE
26 CONTENTS OF COMMUNICATION COVERED BY SUBSECTION (A) OR (B),
27 TO ANY PERSON OTHER THAN AN INVESTIGATIVE OR LAW ENFORCEMENT
28 OFFICER.]
29 * * *
30 § 5746. COST REIMBURSEMENT.
20070H1664B4520 - 4 -
1 (A) PAYMENT.--EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
2 (C), AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER OBTAINING THE
3 CONTENTS OF COMMUNICATIONS, RECORDS OR OTHER INFORMATION UNDER
4 SECTION 5742 (RELATING TO DISCLOSURE OF CONTENTS AND RECORDS),
5 5743 (RELATING TO REQUIREMENTS FOR GOVERNMENTAL ACCESS) OR 5744
6 (RELATING TO BACKUP PRESERVATION) SHALL REIMBURSE THE PERSON OR
7 ENTITY ASSEMBLING OR PROVIDING THE INFORMATION FOR SUCH COSTS AS
8 ARE REASONABLY NECESSARY AND WHICH HAVE BEEN DIRECTLY INCURRED
9 IN SEARCHING FOR, ASSEMBLING, REPRODUCING AND OTHERWISE
10 PROVIDING THE INFORMATION. REIMBURSABLE COSTS SHALL INCLUDE ANY
11 COSTS DUE TO NECESSARY DISRUPTION OF NORMAL OPERATIONS OF ANY
12 ELECTRONIC COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE IN
13 WHICH THE INFORMATION MAY BE STORED.
14 * * *
15 § 5761. MOBILE TRACKING DEVICES.
16 * * *
17 (B) JURISDICTION.--ORDERS PERMITTED BY THIS SECTION MAY
18 AUTHORIZE THE USE OF MOBILE TRACKING DEVICES WITHIN THE
19 JURISDICTION OF THE COURT OF COMMON PLEAS, AND OUTSIDE THAT
20 JURISDICTION [BUT WITHIN THIS COMMONWEALTH], IF THE DEVICE IS
21 INSTALLED WITHIN THE JURISDICTION OF THE COURT OF COMMON PLEAS.
22 * * *
23 § 5781. EXPIRATION OF CHAPTER.
24 THIS CHAPTER EXPIRES DECEMBER 31, [2008] 2013, UNLESS
25 EXTENDED BY STATUTE.
26 Section 2. This act shall take effect in 60 days. <--
27 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
28 (1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
29 (2) THE AMENDMENT OF 18 PA.C.S. § 5781 SHALL TAKE EFFECT
30 IMMEDIATELY.
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1 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
2 DAYS.
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