PRINTER'S NO.  3573

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2400

Session of

2012

  

  

INTRODUCED BY MARSICO, CALTAGIRONE, STEPHENS, TURZAI, AUMENT, BAKER, BARBIN, BARRAR, BOBACK, BOYD, CLYMER, D. COSTA, DELOZIER, ELLIS, EVERETT, GEIST, GILLESPIE, GINGRICH, GRELL, GROVE, HACKETT, HARPER, HARRIS, HELM, HENNESSEY, HICKERNELL, KAUFFMAN, M. K. KELLER, KILLION, KNOWLES, KOTIK, MAJOR, MILLARD, MILLER, MILNE, MOUL, O'NEILL, PAYNE, PETRI, PICKETT, PYLE, QUINN, ROCK, SAYLOR, SCAVELLO, TAYLOR, TOBASH, TOOHIL, VEREB, VULAKOVICH AND WATSON, MAY 21, 2012

  

  

REFERRED TO COMMITTEE ON JUDICIARY, MAY 21, 2012  

  

  

  

AN ACT

  

1

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

2

Consolidated Statutes, further providing for definitions,

3

for exceptions to prohibition of interception and disclosure

4

of communications, for possession, sale, distribution,

5

manufacture or advertisement of electronic, mechanical or

6

other devices, for issuance of order and effect; providing

7

for target-specific orders; and further providing for

8

emergency hostage and barricade situations, for investigative

9

disclosure or use of contents of wire, electronic or oral

10

communications or derivative evidence, for evidentiary

11

disclosure of contents of intercepted communication or

12

derivative evidence, for requirements for governmental

13

access, for cost reimbursement, for mobile tracking devices,

14

for application for an order for use of certain devices and

15

for issuance of an order for use of certain devices.

16

The General Assembly of the Commonwealth of Pennsylvania

17

hereby enacts as follows:

18

Section 1.  The definitions of "electronic communication

19

service," "electronic communication system," "oral

20

communication," "trap and trace device" and "wire communication"

21

in section 5702 of Title 18 of the Pennsylvania Consolidated

 


1

Statutes are amended and the section is amended by adding

2

definitions to read:

3

§ 5702.  Definitions.

4

As used in this chapter, the following words and phrases

5

shall have the meanings given to them in this section unless the

6

context clearly indicates otherwise:

7

* * *

8

"Communication service."  Any service which provides to users

9

the ability to send or receive wire or electronic

10

communications.

11

"Communication system."  Any wire, radio, electromagnetic,

12

photo-optical or photoelectronic facilities for the transmission

13

of communications, and any computer facilities or related

14

electronic equipment for the electronic storage of such

15

communications.

16

"Constructive notice."  Notice provided by any means

17

sufficient to apprise a reasonable person that an oral

18

communication is or may be subject to interception.

19

"Crime of violence."  Any of the following:

20

(1)  Any of the following crimes:

21

(i)  Murder in any degree.

22

(ii)  A crime of violence as defined in 42 Pa.C.S. §

23

9714(g)(relating to sentences for second and subsequent

24

offenses).

25

(iii)  Intimidation of witness or victim.

26

(iv)  Retaliation against witness, victim or party.

27

(v)  Criminal attempt, criminal conspiracy or

28

criminal solicitation to commit any of the offenses under

29

this paragraph.

30

(2)  Any crime requiring registration under 42 Pa.C.S.

- 2 -

 


1

Ch. 97 Subch. H (relating to registration of sexual

2

offenders).

3

(3)  Any offense equivalent to an offense under paragraph

4

(1) or (2) under the laws of this Commonwealth in effect at

5

the time of the commission of that offense or under the laws

6

of another jurisdiction.

7

* * *

8

["Electronic communication service."  Any service which

9

provides to users the ability to send or receive wire or

10

electronic communications.

11

"Electronic communication system."  Any wire, radio,

12

electromagnetic, photo-optical or photoelectronic facilities for

13

the transmission of electronic communications, and any computer

14

facilities or related electronic equipment for the electronic

15

storage of such communications.]

16

* * *

17

"Mobile communications tracking information."  Information

18

generated by a communication common carrier or a communication

19

service which indicates the location of an electronic device

20

supported by the communication common carrier or communication

21

service.

22

* * *

23

"Oral communication."  Any oral communication uttered by a

24

person possessing an expectation that such communication is not

25

subject to interception under circumstances justifying such

26

expectation. An expectation is not justified if it is

27

objectively reasonable that what is spoken will or could be

28

overheard by another person not directly participating in the

29

communication, if actual or constructive notice has been given

30

that audio recording or other interception is or may be

- 3 -

 


1

occurring or if equipment commonly used for video and audio

2

recording is plainly visible. The term does not include any

3

electronic communication.

4

* * *

5

"Signed, written record."  A memorialization of the contents

6

of any wire, electronic or oral communication intercepted in

7

accordance with this subchapter, including the name of the

8

investigative or law enforcement officer who transcribed the

9

record, kept in electronic, paper or any form. The signature of

10

the transcribing officer shall not be required to be written,

11

but may be electronic.

12

* * *

13

"Trap and trace device."  A device which captures the

14

incoming electronic or other impulses which identify the

15

originating number of an instrument or device from which a wire

16

or [electronic] communication was transmitted. The term includes  

17

caller ID, deluxe caller ID or any other features available to

18

ascertain the telephone number, location or subscriber

19

information of a facility contacting the facility whose

20

communications are to be intercepted.

21

* * *

22

"Wire communication."  Any aural transfer made in whole or in

23

part through the use of facilities for the transmission of

24

communication by wire, cable or other like connection between

25

the point of origin and the point of reception, including the

26

use of such a connection in a switching station, furnished or

27

operated by a telephone, telegraph or radio company for hire as

28

a communication common carrier. [The term includes any

29

electronic storage of such communication.]

30

Section 2.  Section 5704(2)(ii), (12)(ii), (13)(i)(B) and

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1

(14)(i)(B) of Title 18 are amended, paragraph (2) is amended by

2

adding a subparagraph and the section is amended by adding a

3

paragraph to read:

4

§ 5704.  Exceptions to prohibition of interception and

5

disclosure of communications.

6

It shall not be unlawful and no prior court approval shall be

7

required under this chapter for:

8

* * *

9

(2)  Any investigative or law enforcement officer or any

10

person acting at the direction or request of an investigative

11

or law enforcement officer to intercept a wire, electronic or

12

oral communication involving suspected criminal activities,

13

including, but not limited to, the crimes enumerated in

14

section 5708 (relating to order authorizing interception of

15

wire, electronic or oral communications), where:

16

(i)  the communication was knowingly transmitted in

17

any fashion to a third party by its author or another

18

sender and an investigative or law enforcement officer

19

legally obtains the communication or a copy of the

20

communication or the device to which it is sent from the

21

third party. Notwithstanding any other provision of this

22

chapter, an investigative or law enforcement officer may

23

contemporaneously intercept and respond to communications

24

sent to a third party, if he has legally obtained the

25

device to which the communications are being sent,

26

without disclosing his identity to the sender or author;

27

(ii)  one of the parties to the communication has

28

given prior consent to such interception. However, no

29

interception under this paragraph shall be made unless

30

the Attorney General or a deputy attorney general

- 5 -

 


1

designated in writing by the Attorney General, or the

2

district attorney, or an assistant district attorney

3

designated in writing by the district attorney, of the

4

county wherein the interception is to be [made]

5

initiated, has reviewed the facts and is satisfied that

6

the consent is voluntary and has given prior approval for

7

the interception; however, such interception shall be

8

subject to the recording and record keeping requirements

9

of section 5714(a) (relating to recording of intercepted

10

communications) and that the Attorney General, deputy

11

attorney general, district attorney or assistant district

12

attorney authorizing the interception shall be the

13

custodian of recorded evidence obtained therefrom;

14

* * *

15

(12)  Any investigative or law enforcement officer or any

16

person acting at the direction or request of an investigative

17

or law enforcement officer to intercept a wire or oral

18

communication involving suspected criminal activities where

19

the officer or the person is a party to the communication and

20

there is reasonable cause to believe that:

21

* * *

22

(ii)  that party:

23

(A)  [will] may resist with the use of weapons;

24

or

25

(B)  is threatening suicide or harm to himself or 

26

others.

27

(13)  An investigative officer, a law enforcement officer

28

or employees of the Department of Corrections for State

29

correctional facilities to intercept, record, monitor or

30

divulge any telephone calls from or to an inmate in a

- 6 -

 


1

facility under the following conditions:

2

(i)  The Department of Corrections shall adhere to

3

the following procedures and restrictions when

4

intercepting, recording, monitoring or divulging any

5

telephone calls from or to an inmate in a State

6

correctional facility as provided for by this paragraph:

7

* * *

8

(B)  Unless otherwise provided for in this

9

paragraph, after intercepting or recording a

10

telephone conversation, only the superintendent,

11

warden or a designee of the superintendent or warden

12

or other chief administrative official or his or her

13

designee, or law enforcement officers shall have

14

access to that recording.

15

* * *

16

(14)  An investigative officer, a law enforcement officer

17

or employees of a county correctional facility to intercept,

18

record, monitor or divulge any telephone calls from or to an

19

inmate in a facility under the following conditions:

20

(i)  The county correctional facility shall adhere to

21

the following procedures and restrictions when

22

intercepting, recording, monitoring or divulging any

23

telephone calls from or to an inmate in a county

24

correctional facility as provided for by this paragraph:

25

* * *

26

(B)  Unless otherwise provided for in this

27

paragraph, after intercepting or recording a

28

telephone conversation, only the superintendent,

29

warden or a designee of the superintendent or warden

30

or other chief administrative official or his or her

- 7 -

 


1

designee, or law enforcement officers shall have

2

access to that recording.

3

* * *

4

(17)  Any individual to intercept the contents of any

5

wire, electronic or oral communication if that person is

6

under a reasonable suspicion that the intercepted party is

7

committing, about to commit or has committed a crime of

8

violence or felony of the first degree and there is reason to

9

believe that evidence of the crime may be obtained from the

10

interception. This paragraph shall not apply to interceptions

11

made at the prior direction of any law enforcement officer.

12

Section 3.  Section 5705 heading of Title 18 is amended and

13

the section is amended by adding a paragraph to read:

14

§ 5705.  Possession, sale, distribution, manufacture or

15

advertisement of electronic, mechanical or other

16

devices and telecommunication identification

17

interception devices.

18

Except as otherwise specifically provided in section 5706

19

(relating to exceptions to prohibitions in possession, sale,

20

distribution, manufacture or advertisement of electronic,

21

mechanical or other devices), a person is guilty of a felony of

22

the third degree if he does any of the following:

23

* * *

24

(5)  Knowingly possesses a telecommunication

25

identification interception device.

26

Section 4.  Sections 5712(a) introductory paragraph and (f)

27

of Title 18 are amended to read:

28

§ 5712.  Issuance of order and effect.

29

(a)  Authorizing orders.--[Each] An order authorizing the

30

interception of any wire, electronic or oral communication shall

- 8 -

 


1

state the following:

2

* * *

3

(f)  Assistance.--An order authorizing the interception of a

4

wire, electronic or oral communication shall, upon request of

5

the applicant, direct that a provider of [electronic]

6

communication service shall furnish the applicant forthwith all

7

information, facilities and technical assistance necessary to

8

accomplish the interception unobtrusively and with a minimum of

9

interference with the services that such service provider is

10

affording the person whose communications are to be intercepted.

11

The obligation of a provider of [electronic] communication

12

service under such an order may include, but is not limited to,

13

installation of a pen register or of a trap and trace device

14

[and], providing caller ID, deluxe caller ID or any other

15

features available to ascertain the telephone number, location

16

or subscriber information of a facility contacting the facility

17

whose communications are to be intercepted, disclosure of a

18

record or other information otherwise available under section

19

5743 (relating to requirements for governmental access),

20

including conducting an in-progress trace during an

21

interception, provided that such obligation of a provider of

22

[electronic] communications service is technologically feasible.

23

The order shall apply regardless of whether the electronic

24

service provider is headquartered within this Commonwealth, if

25

the interception is otherwise conducted within this Commonwealth

26

as provided under this chapter. The order regarding disclosure

27

of a record or other information otherwise available under

28

section 5743 shall apply to all electronic service providers who

29

service facilities which contact or are contacted by the

30

facility whose communications are to be intercepted, regardless

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1

of whether the order specifically names any provider of

2

communication service. The order may specify the period of time

3

an electronic service provider has to furnish to the applicant

4

who requests disclosure of a record or other information

5

otherwise available under section 5743. Any provider of

6

[electronic] communication service furnishing such facilities or

7

technical assistance shall be compensated therefor by the

8

applicant for reasonable expenses incurred in providing the

9

facilities or assistance. The service provider shall be immune

10

from civil and criminal liability for any assistance rendered to

11

the applicant pursuant to this section.

12

* * *

13

Section 5.  Title 18 is amended by adding a section to read:

14

§ 5712.1.  Target-specific orders.

15

(a)  Target-specific wiretaps.--The requirements of sections

16

5712(a)(3) (relating to issuance of order and effect) and

17

5709(3)(iv) and (v) (relating to application for order) shall

18

not apply if:

19

(1)  In the case of an application with respect to the

20

interception of an oral communication, all of the following

21

apply:

22

(i)  The application contains a full and complete

23

statement as to why specification is not practical and

24

identifies the person committing the offense and whose

25

communications are to be intercepted.

26

(ii)  The judge finds the specification is not

27

practical.

28

(2)  In the case of an application with respect to a wire

29

or electronic communication, all of the following apply:

30

(i)  The application identifies the person believed

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1

to be committing the offense and whose communications are

2

to be intercepted and the applicant makes a showing that

3

there is probable cause to believe that the person's

4

actions could have the effect of thwarting interception

5

by changing facilities or devices.

6

(ii)  The judge finds that the purpose has been

7

adequately shown.

8

(b)  Supplementary orders.--Following the issuance of a

9

target-specific wiretap order, the judge shall sign

10

supplementary orders upon request and in a timely manner,

11

authorizing the investigative or law enforcement officers or

12

agency to intercept additional communications devices or

13

facilities upon a showing of reasonable suspicion that all of

14

the following apply:

15

(1)  The target of the original order has in fact changed

16

communications devices or facilities or is presently using

17

additional communications devices, communications facilities

18

or places.

19

(2)  The target of the original order is likely to use

20

the specified communications device or facility for criminal

21

purposes similar to or related to those specified in the

22

original order.

23

(c)  Application for supplementary orders.--An application

24

for a supplementary order shall contain all of the following:

25

(1)  The identity of the investigative or law enforcement

26

officers or agency to whom the authority to intercept wire,

27

electronic or oral communications is given and the name and

28

official identity of the person who made the application.

29

(2)  The identity of or a particular description of the

30

person, if known, whose communications are to be intercepted.

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1

(3)  The period of time during which the interception is

2

authorized, including a statement as to whether or not the

3

interception shall automatically terminate when the described

4

communication has been first obtained.

5

(4)  A showing of reasonable suspicion that the target of

6

the original order has in fact changed communications devices

7

or facilities.

8

(5)  A showing of reasonable suspicion that the target of

9

the original order is likely to use the additional facility

10

or device or place for criminal purposes similar to or

11

related to those specified in the original order.

12

(d)  Time limits.-–A supplementary order shall not act as an

13

extension of the time limit identified in section 5712(b).

14

(e)  Responsibility.--The order shall require the Attorney

15

General or the district attorney, or their designees, to be

16

responsible for the supervision of the interception.

17

(f)  Progress reports.--If an order authorizing an

18

interception is entered, the order may require reports to be

19

made to the judge who issued the order showing what progress has

20

been made toward achievement of the authorized objective and the

21

need for continued interception. The reports shall be made at

22

intervals as the judge may require.

23

(g)  Final report.--If an interception is authorized under

24

this section, a complete written list of names of participants

25

and evidence of offenses discovered, including those not stated

26

in the application for order, shall be filed with the court as

27

soon as practical after the authorized interception is

28

terminated.

29

(h)  Assistance.--

30

(1)  An order authorizing the interception of a wire,

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1

electronic or oral communication shall, upon request of the

2

applicant, direct that a provider of communication service

3

furnish the applicant with all information, facilities and

4

technical assistance necessary to accomplish the interception

5

unobtrusively and with a minimum of interference with the

6

services that the service provider is affording the person

7

whose communications are to be intercepted.

8

(2)  The obligation of a provider of communication

9

service under an order may include installation of a pen

10

register or trap and trace device and disclosure of a record

11

or other information otherwise available under section 5743

12

(relating to requirements for governmental access), including

13

conducting an in-progress trace during an interception, if

14

the obligation of a provider of communications service is

15

technologically feasible.

16

(3)  A provider of communication service furnishing

17

facilities or technical assistance shall be compensated by

18

the applicant for reasonable expenses incurred in providing

19

the facilities or assistance.

20

(4)  A service provider shall be immune from civil and

21

criminal liability for any assistance rendered to an

22

applicant under this section.

23

(i)  Entry by law enforcement officers.--An order authorizing

24

the interception of a wire, electronic or oral communication

25

shall, if requested, authorize the entry of premises or

26

facilities specified under subsection (c)(3) or premises

27

necessary to obtain access to the premises or facilities

28

specified under subsection (c)(3) by law enforcement officers

29

specified under subsection (c)(1) as often as necessary solely

30

for the purposes of installing, maintaining or removing an

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1

electronic, mechanical or other device, if all of the following

2

apply:

3

(1)  The entry is reasonably necessary to accomplish the

4

purposes of this subchapter.

5

(2)  The judge who issues the order is notified of the

6

time and method of each entry prior to entry within 48 hours

7

of entry.

8

Section 6.  Section 5713.1(d) of Title 18 is amended to read:

9

§ 5713.1.  Emergency hostage and barricade situations.

10

* * *

11

(d)  Definitions.--As used in this section, the following

12

words and phrases shall have the meanings given to them in this

13

subsection:

14

"Emergency situation."  Any situation where:

15

(1)  a person is holding a hostage and is threatening

16

serious physical injury [will] and may resist with the use of

17

weapons; or

18

(2)  a person has barricaded himself and taken a position

19

of confinement to avoid apprehension and:

20

(i)  has [threatened] the ability to resist with the

21

use of weapons; or

22

(ii)  is threatening suicide or harm to himself or 

23

others.

24

"Supervising law enforcement officer."

25

(1)  For designations by a district attorney, any law

26

enforcement officer trained pursuant to section 5724

27

(relating to training) to carry out interceptions under this

28

section who has attained the rank of lieutenant or higher in

29

a law enforcement agency within the county or who is in

30

charge of a county law enforcement agency.

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1

(2)  For designations by the Attorney General, any member

2

of the Pennsylvania State Police trained pursuant to section

3

5724 to carry out interceptions under this section and

4

designated by the Commissioner of the Pennsylvania State

5

Police who:

6

(i)  has attained the rank of lieutenant or higher;

7

or

8

(ii)  is in charge of a Pennsylvania State Police

9

barracks.

10

Section 7.  Section 5717(a) of Title 18 is amended and the

11

section is amended by adding subsections to read:

12

§ 5717.  Investigative disclosure or use of contents of wire,

13

electronic or oral communications or derivative

14

evidence.

15

(a)  Law enforcement personnel.--Any investigative or law

16

enforcement officer who, under subsection (a.1) [or (b)], (a.2),

17

(b) or (c), has obtained knowledge of the contents of any wire,

18

electronic or oral communication, or evidence derived therefrom,

19

may disclose such contents or evidence to another investigative

20

or law enforcement officer to the extent that such disclosure is

21

appropriate to the proper performance of the official duties of

22

the officer making or receiving the disclosure.

23

* * *

24

(a.2)  Civilians.--Any person other than an investigative or

25

law enforcement officer who, as party to the communication, has

26

obtained knowledge of the contents of any wire, electronic or

27

oral communication, or evidence derived from any wire,

28

electronic or oral communication, may disclose the contents or

29

evidence to an investigative or law enforcement officer, if the

30

contents or evidence is evidence of a crime of violence or a

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1

felony of the first degree.

2

* * *

3

(c)  Otherwise authorized personnel.--Any person who, by any

4

means authorized by the laws of another state or the Federal

5

Government, has obtained knowledge of the contents of any wire,

6

electronic or oral communication, or evidence derived from any

7

wire, electronic or oral communication, may disclose the

8

contents or evidence to an investigative or law enforcement

9

officer and may disclose the contents or evidence where

10

otherwise admissible while giving testimony under oath or

11

affirmation in any proceeding in any court of this Commonwealth.

12

Section 8.  Section 5721.1(a) of Title 18 is amended by

13

adding a paragraph to read:

14

§ 5721.1.  Evidentiary disclosure of contents of intercepted

15

communication or derivative evidence.

16

(a)  Disclosure in evidence generally.--

17

* * *

18

(4)  Notwithstanding any provisions of this subchapter,

19

any law enforcement or investigative officer who has obtained

20

knowledge of the contents of any wire, electronic or oral

21

communication, or evidence derived from any wire, electronic

22

or oral communication, may disclose the contents or evidence

23

in any matter related to any criminal, quasi-criminal,

24

forfeiture, administrative enforcement or professional

25

disciplinary proceedings as follows:

26

(i)  In any court, board or agency of this

27

Commonwealth, another state or the United States.

28

(ii)  Before any Federal or state grand jury or

29

investigating grand jury on the condition that the

30

knowledge was obtained from a person not acting at the

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1

direction or with the knowledge and consent of law

2

enforcement.

3

* * *

4

Section 9.  Section 5743(a) and (b) of Title 18 are amended

5

to read:

6

§ 5743.  Requirements for governmental access.

7

(a)  Contents of [electronic] communications in electronic

8

storage.--Investigative or law enforcement officers may require

9

the disclosure by a provider of [electronic] communication

10

service of the contents of [an electronic] a communication which

11

is in electronic storage in [an electronic] a communication

12

system for:

13

(1)  One hundred eighty days or less only pursuant to a

14

warrant issued under the Pennsylvania Rules of Criminal

15

Procedure.

16

(2)  More than 180 days by the means available under

17

subsection (b).

18

(b)  Contents of [electronic] communications in a remote

19

computing service.--

20

(1)  Investigative or law enforcement officers may

21

require a provider of remote computing service to disclose

22

the contents of any [electronic] communication to which this

23

paragraph is made applicable by paragraph (2):

24

(i)  without required notice to the subscriber or

25

customer if the investigative or law enforcement officer

26

obtains a warrant issued under the Pennsylvania Rules of

27

Criminal Procedure; or

28

(ii)  with prior notice from the investigative or law

29

enforcement officer to the subscriber or customer if the

30

investigative or law enforcement officer:

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1

(A)  uses an administrative subpoena authorized

2

by a statute or a grand jury subpoena; or

3

(B)  obtains a court order for the disclosure

4

under subsection (d);

5

except that delayed notice may be given pursuant to section

6

5745 (relating to delayed notice).

7

(2)  Paragraph (1) is applicable with respect to [an

8

electronic] a communication which is held or maintained on

9

that service:

10

(i)  On behalf of and received by means of electronic

11

transmission from, or created by means of computer

12

processing of communications received by means of

13

electronic transmission from, a subscriber or customer of

14

the remote computing service.

15

(ii)  Solely for the purpose of providing storage or

16

computer processing services to the subscriber or

17

customer, if the provider is not authorized to access the

18

contents of any such communication for the purpose of

19

providing any services other than storage or computer

20

processing.

21

* * *

22

Section 10.  Section 5746 of Title 18 is amended by adding a

23

subsection to read:

24

§ 5746.  Cost reimbursement.

25

* * *

26

(d)  Regulations.--The Attorney General shall promulgate

27

regulations to implement this section.

28

Section 11.  Sections 5761(b) and (c)(4), 5772(a) and 5773(a)

29

and (c) of Title 18 are amended to read:

30

§ 5761.  Mobile tracking devices.

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1

* * *

2

(b)  Jurisdiction.--Orders permitted by this section may

3

authorize the use of mobile tracking devices [within the

4

jurisdiction of the court of common pleas, and outside that

5

jurisdiction,] if the device is installed and monitored within

6

[the jurisdiction of the court of common pleas.] this

7

Commonwealth. The court issuing the order must have jurisdiction

8

over the offense under investigation.

9

(c)  Standard for issuance of order.--An order authorizing

10

the use of one or more mobile tracking devices may be issued to

11

an investigative or law enforcement officer by the court of

12

common pleas upon written application. Each application shall be

13

by written affidavit, signed and sworn to or affirmed before the

14

court of common pleas. The affidavit shall:

15

* * *

16

(4)  provide a statement setting forth all facts and

17

circumstances which provide the applicant with [a reasonable

18

suspicion] probable cause that criminal activity has been, is

19

or will be in progress and that the use of a mobile tracking

20

device will yield information relevant to the investigation

21

of the criminal activity.

22

§ 5772.  Application for an order for use of certain devices.

23

(a)  Application.--The Attorney General or a deputy attorney

24

general designated in writing by the Attorney General or a

25

district attorney or an assistant district attorney designated

26

in writing by the district attorney may make application for an

27

order or an extension of an order under section 5773 (relating

28

to issuance of an order for use of certain devices) authorizing

29

or approving disclosure of mobile communications tracking

30

information or, if necessary, the production and disclosure of

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1

mobile communications tracking information, the installation and

2

use of a pen register, a trap and trace device or a

3

telecommunication identification interception device under this

4

subchapter, in writing, under oath or equivalent affirmation, to

5

a court of common pleas having jurisdiction over the offense

6

under investigation or to any Superior Court judge when an

7

application for an order authorizing interception of [wire or

8

electronic] communications is or has been made for the targeted

9

telephone or another application for interception under this

10

subchapter has been made involving the same investigation.

11

* * *

12

§ 5773.  Issuance of an order for use of certain devices.

13

(a)  In general.--Upon an application made under section 5772

14

(relating to application for an order for use of certain

15

devices), the court shall enter an ex parte order authorizing

16

the disclosure of mobile communications tracking information, 

17

the installation and use of a pen register, a trap and trace

18

device or a telecommunication identification interception device

19

within [the jurisdiction of the court if the court] this

20

Commonwealth if the court finds that there is probable cause to

21

believe that information relevant to an ongoing criminal

22

investigation will be obtained by such installation and use on

23

the targeted telephone. If exigent circumstances exist, the

24

court may verbally authorize the disclosure of mobile

25

communications tracking information, the installation and use of

26

a pen register, a trap and trace device or a telecommunication

27

identification interception device. The written order

28

authorizing the disclosure must be entered within 72 hours of

29

the court's verbal authorization.

30

* * *

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1

(c)  Time period and extensions.--

2

(1)  An order issued under this section shall authorize

3

the installation and use of a pen register, trap and trace

4

device or a telecommunication identification interception

5

device for a period not to exceed [30] 60 days.

6

(2)  Extensions of such an order may be granted but only

7

upon an application for an order under section 5772 and upon

8

the judicial finding required by subsection (a). The period

9

of each extension shall be for a period not to exceed 30

10

days.

11

* * *

12

Section 12.  This act shall take effect in 60 days.

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