S0560B0821A01637 LKK:CDM 06/06/17 #90 A01637
AMENDMENTS TO SENATE BILL NO. 560
Sponsor: REPRESENTATIVE MARSICO
Printer's No. 821
Amend Bill, page 2, lines 5 through 14, by striking out all
of said lines and inserting
(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.
Amend Bill, page 8, lines 29 and 30; page 9, lines 1 and 2;
by striking out "recording a communication, other than an" in
line 29, all of line 30 on page 8 and all of lines 1 and 2 on
page 9 and inserting
r ecording a communication under circumstances within
paragraph (2) of the definition of "oral communication" in
section 5702 (relating to definitions).
Amend Bill, page 9, line 8, by striking out "or video
recording"
Amend Bill, page 9, line 9, by inserting after "(4)"
or any accompanying video recording
Amend Bill, page 12, lines 21 through 30; page 13, lines 1
through 5; by striking out all of said lines on said pages and
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inserting
(a) Exemption.--The provisions of this chapter, and not the
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law, shall apply to any audio recording or video recording
made by a law enforcement agency.
(b) Limitation.--Nothing in this chapter nor the Right-to-
Know Law shall establish a right to production of an audio
recording or video recording made inside a facility owned or
operated by a law enforcement agency or to any communications
between or within law enforcement agencies concerning an audio
or video recording.
Amend Bill, page 13, line 17, by inserting after "officer"
from personal delivery or certified mail with proof of
service
Amend Bill, page 13, line 29, by inserting after "recording"
unless not known and not reasonably ascertainable
Amend Bill, page 14, line 12, by striking out "determination"
and inserting
request
Amend Bill, page 14, line 13, by striking out "no"
Amend Bill, page 14, line 15, by inserting after "will"
not
Amend Bill, page 14, lines 17 through 22, by striking out all
of said lines
Amend Bill, page 14, lines 25 through 27, by striking out all
of said lines and inserting
district attorney with jurisdiction to:
(1) ensure consultation regarding the reviewing of audio
recordings or video recordings in order to make a
determination; or
(2)
Amend Bill, page 15, line 22, by striking out "SUBSECTION
(B)" and inserting
section 67A04(b)(2) (relating to law enforcement review)
Amend Bill, page 15, line 27, by inserting after "Denials"
by operation of law
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Amend Bill, page 15, line 28, by inserting after "DEEMED"
by operation of law
Amend Bill, page 16, line 8, by inserting after "recording"
and any period within which a petition for judicial review
is allowable or pending
Amend Bill, page 17, line 13, by striking out "or" where it
occurs the second time and inserting
and
Amend Bill, page 17, line 16, by inserting after "mail"
with proof of service
Amend Bill, page 17, lines 17 through 21, by striking out all
of said lines and inserting
(3) The petitioner shall include with the petition a
copy of the written request under section 67A03 that was
served on the law enforcement agency and any written
responses to the request that were received.
Amend Bill, page 17, line 22, by striking out "notice of"
Amend Bill, page 17, line 22, by striking out "to" and
inserting
on the open records officer of
Amend Bill, page 17, line 23, by striking out "on the same"
and inserting
within five days of the
Amend Bill, page 17, lines 24 through 30, by striking out the
period in line 24 and all of lines 25 through 30 and inserting
, and service shall be effective upon receipt by the open
records officer.
(c) Intervention as matter of right.--If not a respondent, a
prosecuting attorney with jurisdiction may intervene in the
action as a matter of right.
Amend Bill, page 18, line 5, by striking out "or"
Amend Bill, page 18, line 10, by striking out the period
after "event" and inserting
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; or
(3) The petitioner has not complied with the
requirements of subsection (b)(1), (2), (3) and (4).
Amend Bill, page 18, line 12, by striking out "only"
Amend Bill, page 18, line 14, by inserting after "recording"
only
Amend Bill, page 18, line 14, by striking out "of common
pleas"
Amend Bill, page 18, line 17, by inserting after "67A04"
(relating to law enforcement review)
Amend Bill, page 19, line 5, by inserting after "recordings"
where it occurs the second time
of communications under circumstances within paragraph (2)
of the definition of "oral communication" in 18 Pa.C.S. ยง 5702
(relating to definitions)
Amend Bill, page 21, line 16, by striking out the comma after
"General" and inserting
or
Amend Bill, page 21, lines 16 and 17, by striking out "or a
law enforcement agency "
Amend Bill, page 21, line 19, by striking out all of said
line and inserting
the time periods stated in this chapter.
(3) Attorney
Amend Bill, page 21, line 21, by inserting after "writing"
by a law enforcement agency
Amend Bill, page 22, lines 1 and 2, by striking out all of
said lines and inserting
The following shall apply:
(1) Nothing in this chapter shall be construed to alter
the responsibilities of parties to criminal or civil
litigation to produce information in accordance with the
applicable rules of procedure.
(2) Nothing in this chapter shall apply to an audio
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recording or video recording that is otherwise prohibited or
protected from disclosure under any other Federal or State
law.
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