PRIOR PRINTER'S NO. 223
PRINTER'S NO. 935
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
260
Session of
2023
INTRODUCED BY ROBINSON, SCHWANK, MARTIN, STEFANO, DUSH, J. WARD,
LAUGHLIN, COSTA, REGAN AND ARGALL, JANUARY 31, 2023
SENATOR REGAN, LAW AND JUSTICE, AS AMENDED, JUNE 21, 2023
AN ACT
Amending Titles 18 (Crimes and Offenses) and 61 (Prisons and
Parole) of the Pennsylvania Consolidated Statutes, in
wiretapping and electronic surveillance, further providing
for definitions; and, in Pennsylvania Board of Probation and
Parole, providing for exception to prohibition of
interception and disclosure of communications.
AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN WIRETAPPING AND ELECTRONIC
SURVEILLANCE, FURTHER PROVIDING FOR DEFINITIONS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "oral communication" in section
5702 of Title 18 of the Pennsylvania Consolidated Statutes is
amended to read:
§ 5702. Definitions.
As used in this chapter, the following words and phrases
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Oral communication." Any oral communication uttered by a
person possessing an expectation that such communication is not
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subject to interception under circumstances justifying such
expectation. The term does not include the following:
(1) An electronic communication.
(2) A communication made in the presence of a law
enforcement officer on official duty who is in uniform or
otherwise clearly identifiable as a law enforcement officer
and who is using an electronic, mechanical or other device
which has been approved under section 5706(b)(4) (relating to
exceptions to prohibitions in possession, sale, distribution,
manufacture or advertisement of electronic, mechanical or
other devices) to intercept the communication in the course
of law enforcement duties. As used in this paragraph only,
"law enforcement officer" means a member of the Pennsylvania
State Police, an individual employed as a police officer who
holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D
(relating to municipal police education and training), a
sheriff or a deputy sheriff.
(3) A communication made in the presence of an agent
under 61 Pa.C.S. § 6183 (relating to exception to prohibition
of interception and disclosure of communications) who is on
official duty and who is using an electronic, mechanical or
other device that has been approved under section 5706(b)(4)
and who has received training on such a device in a course
approved by the Pennsylvania State Police to intercept a
wire, electronic or oral communication.
* * *
Section 2. Title 61 is amended by adding a section to read:
§ 6183. Exception to prohibition of interception and disclosure
of communications.
An agent who has received training on the use of an
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electronic, mechanical or other device that has been approved
under 18 Pa.C.S. § 5706(b)(4) (relating to exceptions to
prohibitions in possession, sale, distribution, manufacture or
advertisement of electronic, mechanical or other devices) in a
course approved by the Pennsylvania State Police shall be an
investigative or law enforcement officer as defined under 18
Pa.C.S. § 5702 (relating to definitions). The agent may wear an
electronic, mechanical or other device in the performance of
official duties.
(3) A COMMUNICATION MADE IN THE PRESENCE OF AN AGENT AS
DEFINED IN 61 PA.C.S. § 6101 (RELATING TO DEFINITIONS) WHO:
(I) IS CLEARLY IDENTIFIABLE AS BEING ON OFFICIAL
DUTY;
(II) IS USING AN ELECTRONIC, MECHANICAL OR OTHER
DEVICE THAT HAS BEEN APPROVED UNDER SECTION 5706(B)(4) TO
INTERCEPT A WIRE, ELECTRONIC OR ORAL COMMUNICATION IN THE
COURSE OF OFFICIAL DUTIES; AND
(III) HAS RECEIVED TRAINING ON THE DEVICE SPECIFIED
UNDER SUBPARAGRAPH (II).
(4) A COMMUNICATION MADE IN THE PRESENCE OF AN
INDIVIDUAL EMPLOYED BY THE BUREAU OF INVESTIGATIONS AND
INTELLIGENCE WITHIN THE DEPARTMENT OF CORRECTIONS WHO:
(I) HOLDS A POLICE OFFICER COMMISSION IN ACCORDANCE
WITH SECTION 1 OF THE ACT OF MAY 21, 1943 (P.L.469,
NO.210), ENTITLED "AN ACT PROVIDING FOR COMMISSIONING AS
POLICE OFFICERS CERTAIN EMPLOYES OF INSTITUTIONS
MAINTAINED IN WHOLE OR IN PART BY THE COMMONWEALTH;
CONFERRING UPON THEM THE POWERS OF CONSTABLES IN CERTAIN
CASES; AND IMPOSING DUTIES ON WARDENS AND KEEPERS OF
JAILS, POLICE STATIONS AND LOCK-UPS";
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(II) IS CLEARLY IDENTIFIABLE AS BEING ON OFFICIAL
DUTY;
(III) IS USING AN ELECTRONIC, MECHANICAL OR OTHER
DEVICE THAT HAS BEEN APPROVED UNDER SECTION 5706(B)(4) TO
INTERCEPT A WIRE, ELECTRONIC OR ORAL COMMUNICATION IN THE
COURSE OF OFFICIAL DUTIES; AND
(IV) HAS RECEIVED TRAINING ON THE DEVICE SPECIFIED
UNDER SUBPARAGRAPH (III).
* * *
Section 3 2. This act shall take effect in 60 days.
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