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<-] in 
14uniform;

15(B) is in close proximity to the individuals'
16oral communication;

17(C) is using an electronic, mechanical or other
18device which has been approved under section 5706(b)
19(4) (relating to exceptions to prohibitions in
20possession, sale, distribution, manufacture or
21advertisement of electronic, mechanical or other
22devices) to intercept the oral communication[, the
23recorder of which is mounted in the law enforcement
24officer's vehicle]; and

25(D) informs, as soon as reasonably practicable,
26the individuals identifiably present that he has
27intercepted and recorded the oral communication.

28(iii) As used in this paragraph, [the following
29words and phrases shall have the meanings given to them
30in this subparagraph:

1"Law enforcement officer." A] the term "law 
2enforcement officer" means a member of the Pennsylvania
3State Police or an individual employed as a police
4officer who holds a current certificate under 53 Pa.C.S. 
5Ch. 21 Subch. D (relating to municipal police education
6and training).

7["Recorder." An electronic, mechanical or other
8device used to store an oral communication on tape or on
9some other comparable medium.]

10* * *

11(18) A person to intercept oral communications for
12disciplinary or security purposes on a school bus or school
13vehicle, as those terms are defined in 75 Pa.C.S. § 102
14(relating to definitions), if all of the following conditions
15are met:

16(i) The school board has adopted a policy that
17authorizes audio interception on school buses or school
18vehicles for disciplinary or security purposes.

19(ii) Each school year, the school board notifies
20students and their parents or guardians of the policy, by
21letter mailed to the students' home addresses.

22(iii) The school board posts a notice that students
23may be audiotaped, which notice is clearly visible on
24each school bus or school vehicle that is furnished with
25audio-recording equipment.

26This paragraph shall not apply when a school bus or school
27vehicle is used for a purpose that is not school related.

28Section 2. This act shall take effect <-immediately. as 
29follows:

30(1) The amendment of 18 Pa.C.S. § 5704(16) shall take

1effect in 60 days.

2(2) The remainder of this act shall take effect
3immediately.