1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for exceptions to
3prohibition of interception and disclosure of communications.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

<-6Section 1. Section 5704 of Title 18 of the Pennsylvania
7Consolidated Statutes is amended by adding a paragraph to read:

<-8Section 1. Section 5704(16) of Title 18 of the Pennsylvania
9Consolidated Statutes is amended and the section is amended by
10adding a paragraph to read:

11§ 5704. Exceptions to prohibition of interception and
12disclosure of communications.

13It shall not be unlawful and no prior court approval shall be
14required under this chapter for:

15* * *

<-16(16) A law enforcement officer, whether or not certified
17under section 5724 (relating to training), acting in the

1performance of his official duties to intercept and record an
2oral communication between individuals in accordance with the
3following:

4(i) At the time of the interception, the oral
5communication does not occur inside the residence of any
6of the individuals.

7(ii) At the time of the interception, the law
8enforcement officer:

9(A) is operating the visual or audible warning
10system of the law enforcement officer's vehicle
11authorized by 75 Pa.C.S. § 4571 (relating to visual
12and audible signals on emergency vehicles) or is
13clearly identifiable as a law enforcement officer;

14(B) is in close proximity to the individuals'
15oral communication;

16(C) is using an electronic, mechanical or other
17device which has been approved under section 5706(b)
18(4) (relating to exceptions to prohibitions in
19possession, sale, distribution, manufacture or
20advertisement of electronic, mechanical or other
21devices) to intercept the oral communication[, the
22recorder of which is mounted in the law enforcement
23officer's vehicle]; and

24(D) informs, as soon as reasonably practicable,
25the individuals identifiably present that he has
26intercepted and recorded the oral communication.

27(iii) As used in this paragraph, [the following
28words and phrases shall have the meanings given to them
29in this subparagraph:

30"Law enforcement officer." A] the term "law
 

1enforcement officer" means a member of the Pennsylvania
2State Police or an individual employed as a police
3officer who holds a current certificate under 53 Pa.C.S. 
4Ch. 21 Subch. D (relating to municipal police education
5and training).

6["Recorder." An electronic, mechanical or other
7device used to store an oral communication on tape or on
8some other comparable medium.]

9* * *

10(18) A person to intercept oral communications for
11disciplinary or security purposes on a school bus or school
12vehicle, as those terms are defined in 75 Pa.C.S. § 102
13(relating to definitions), if all of the following conditions
14are met:

15(i) The school board has adopted a policy that
16authorizes audio interception on school buses or school
17vehicles for disciplinary or security purposes.

18(ii) Each school year, the school board notifies
19students and their parents or guardians of the policy, by
20letter mailed to the students' home addresses.

21(iii) The school board posts a notice that students
22may be audiotaped, which notice is clearly visible on
23each school bus or school vehicle that is furnished with
24audio-recording equipment.

25This paragraph shall not apply when a school bus or school
26vehicle is used for a purpose that is not school related.

27Section 2. This act shall take effect <-immediately. as 
28follows:

29(1) The amendment of 18 Pa.C.S. § 5704(16) shall take
30effect in 60 days.

1(2) The remainder of this act shall take effect
2immediately.