1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in wiretapping and electronic
3surveillance, further providing for exceptions to prohibition
4of interception and disclosure of communications.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 5704(16) of Title 18 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 5704. Exceptions to prohibition of interception and
10disclosure of communications.

11It shall not be unlawful and no prior court approval shall be
12required under this chapter for:

13* * *

14(16) A law enforcement officer, whether or not certified
15under section 5724 (relating to training), acting in the
16performance of his official duties to intercept and record an
17oral communication between individuals in accordance with the
18following:

19(i) At the time of the interception, the oral

1communication does not occur inside the residence of any
2of the individuals.

3(ii) At the time of the interception, the law
4enforcement officer:

5(A) is operating the visual or audible warning
6system of the law enforcement officer's vehicle
7authorized by 75 Pa.C.S. § 4571 (relating to visual
8and audible signals on emergency vehicles) or is
9clearly identifiable as a law enforcement officer;

10(B) is in close proximity to the individuals'
11oral communication;

12(C) is using an electronic, mechanical or other
13device which has been approved under section 5706(b)
14(4) (relating to exceptions to prohibitions in
15possession, sale, distribution, manufacture or
16advertisement of electronic, mechanical or other
17devices) to intercept the oral communication[, the
18recorder of which is mounted in the law enforcement
19officer's vehicle]; and

20(D) informs, as soon as reasonably practicable,
21the individuals identifiably present that he has
22intercepted and recorded the oral communication.

23(iii) As used in this paragraph, [the following
24words and phrases shall have the meanings given to them
25in this subparagraph:

26"Law enforcement officer." A] the term "law 
27enforcement officer" means a member of the Pennsylvania
28State Police or an individual employed as a police
29officer who holds a current certificate under 53 Pa.C.S. 
30Ch. 21 Subch. D (relating to municipal police education

1and training).

2["Recorder." An electronic, mechanical or other
3device used to store an oral communication on tape or on
4some other comparable medium.]

5* * *

6Section 2. This act shall take effect in 60 days.