S0560B0922A01771 SFR:CDM 06/09/17 #90 A01771
AMENDMENTS TO SENATE BILL NO. 560
Sponsor: REPRESENTATIVE D. MILLER
Printer's No. 922
Amend Bill, page 2, line 17, by striking out "ON OFFICIAL
DUTY"
Amend Bill, page 3, line 21, by inserting a bracket before
"Before"
Amend Bill, page 3, line 24, by striking out the bracket
before "telephone"
Amend Bill, page 3, lines 24 through 26, by striking out "]
oral" in line 24, all of line 25 and "communication" in line 26
Amend Bill, page 3, line 27, by inserting after "divulged."
] Before the effective date of this paragraph,
all inmates of the facility shall be notified in
writing that their oral communication, electronic
communication or wire communication may be
intercepted, recorded, monitored or divulged.
Appropriate notification shall be provided
specifically to inform inmates who are visually
impaired, whose primary language is not English or
who have literacy challenges.
(A.1) Orientation for inmates of the facility
admitted after the effective date of this paragraph
shall include the notification requirements described
under clause (A).
Amend Bill, page 4, line 5, by inserting after "have"
custody of or
Amend Bill, page 4, line 15, by inserting after "Corrections"
or an agent of the Department of Corrections
Amend Bill, page 4, line 18, by inserting after "attorney"
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or permit any other person or entity to do so
Amend Bill, page 4, line 26, by inserting after "monitoring"
before commencing communication with an inmate
Amend Bill, page 4, line 27, by inserting after "promulgate"
written
Amend Bill, page 4, line 29, by inserting after "facilities."
The designation shall be in writing and available to
the public.
Amend Bill, page 5, line 13, by inserting a bracket before
"Before"
Amend Bill, page 5, line 16, by striking out the bracket
before "telephone"
Amend Bill, page 5, lines 16 through 18, by striking out "]
oral" in line 16, all of line 17 and "communications" in line 18
Amend Bill, page 5, line 19, by inserting after "divulged."
] Before the effective date of this paragraph,
all inmates of the facility shall be notified in
writing that their oral communication, electronic
communication or wire communication may be
intercepted, recorded, monitored or divulged.
Appropriate notification shall be provided
specifically to inform inmates who are visually
impaired, whose primary language is not English or
who have literacy challenges.
(A.1) Orientation for inmates of the facility
admitted after the effective date of this paragraph
shall include the notification requirements described
under clause (A).
Amend Bill, page 5, line 27, by inserting after "have"
custody of or
Amend Bill, page 6, line 7, by inserting after "facility"
or an agent of the county correctional facility
Amend Bill, page 6, line 10, by inserting after "attorney"
or permit any other person or entity to do so
Amend Bill, page 6, line 18, by inserting after "monitoring"
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before commencing communication with an inmate
Amend Bill, page 6, line 22, by inserting after "promulgate "
written
Amend Bill, page 6, line 23, by inserting after "facilities."
The designation shall be in writing and available to
the public.
Amend Bill, page 8, line 3, by inserting after "buy, "
lease and
Amend Bill, page 8, line 15, by inserting after "buy"
, lease
Amend Bill, page 8, line 18, by inserting a bracket before
"section"
Amend Bill, page 8, line 19, by inserting after "5713.1"
] 42 Pa.C.S. Ch. 67A (relating to recordings by law
enforcement officers)
Amend Bill, page 8, line 23, by inserting a bracket before
"section"
Amend Bill, page 8, line 24, by inserting after "5713.1"
] 42 Pa.C.S. Ch. 67A
Amend Bill, page 9, line 5, by inserting after "buy, "
lease,
Amend Bill, page 10, line 8, by striking out "expiration or
renewal of the"
Amend Bill, page 10, line 8, by inserting after "contract"
renewal or extension
Amend Bill, page 10, by inserting between lines 29 and 30
"Body camera." A device which is approved under section
5706(b)(4) (relating to exceptions to prohibitions in
possession, sale, distribution, manufacture or advertisement of
electronic, mechanical or other devices) and affixed or
otherwise in the possession of a law enforcement officer.
Amend Bill, page 13, lines 22 through 28, by striking out the
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period in line 22 and all of lines 23 through 28 and inserting
using body cameras or other recording devices not fixed to
the exterior or interior of a building or a vehicle under
circumstances within paragraph (2) of the definition of "oral
communication" in 18 Pa.C.S. ยง 5702 (relating to definitions).
(b) Exceptions.--Requests for an audio recording or a video
recording made by the owner or tenant of a residence where the
recording was made inside, or a request made by an individual
who appears on or is heard on the recording, shall be subject to
the Right-to-Know Law . Audio recordings and video recordings
involving police shootings or the use of deadly force shall
likewise be subject to the Right-to-Know Law .
Amend Bill, page 14, lines 3 through 5, by striking out the
comma in line 3, all of line 4 and "recording was made," in line
5
Amend Bill, page 14, line 11, by inserting after "SERVICE . "
The Office of Open Records shall develop a uniform
request form which shall be accepted by all law enforcement
agencies in addition to any form that may be developed by the
agency to file a request under this chapter.
Amend Bill, page 14, line 15, by inserting after "event"
, to the best of the requester's ability
Amend Bill, page 14, lines 16 through 19, by striking out all
of lines 16 through 18 and "(4)" in line 19 and inserting
(3)
Amend Bill, page 15, lines 5 through 12, by striking out ".
The written denial shall state that no reasonable " in line 5 and
all of lines 6 through 12 and inserting
, stating the reason, unless approved by the Attorney General
or the district attorney with jurisdiction.
Amend Bill, page 16, line 2, by inserting after "agree"
in writing
Amend Bill, page 16, lines 14 through 22, by striking out the
period in line 14 and all of lines 15 through 22 and inserting
thereby entitling the requester to file a petition for
judicial review within 30 days with the burden on the law
enforcement agency to prove why the audio recording or video
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recording should not be released.
(c) Electronic record retention.--A law enforcement agency
shall develop a retention policy to include audio recordings and
video recordings, with procedures to ensure the preservation of
unaltered recordings that have been requested, denied and
subject to judicial review. Unless an audio recording or video
recording contains potential evidence in a criminal matter,
contains information pertaining to an investigation or to a
matter in which a criminal charge has been filed or contains
information that has been subpoenaed, a recording made inside an
occupied residence shall be destroyed, erased or otherwise no
longer maintained by the law enforcement agency after six
months.
Amend Bill, page 16, lines 25 through 27, by striking out
"shall be paid by the requesting" in line 25 and all of lines 26
and 27 and inserting
:
(1) shall not be greater than actual costs;
(2) shall be publicly displayed;
(3) may be required to be paid in full or in part before
disclosure of the audio recording or video recording; and
(4) shall be paid by the requester before transfer.
Amend Bill, page 17, line 7, by inserting after "denied"
or denied by operation of law under section 67A05
(relating to procedure)
Amend Bill, page 17, line 9, by striking out the period after
"denial" and inserting
unless the denial involves a request for material which
is subject to section 67A02(b) (relating to scope of
chapter), in which case the requester shall proceed under the
act of February 14, 2008 (P.L.6, No.3), known as the Right-
to-Know Law.
Amend Bill, page 18, lines 21 through 23, by striking out "A"
in line 21, all of line 22 and "ACTION" in line 23 and inserting
the Attorney General or a district attorney with
jurisdiction may intervene in any administrative action or
judicial appeal
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See A01771 in
the context
of SB0560