PRINTER'S NO. 248

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 243 Session of 1981


        INTRODUCED BY J. L. WRIGHT, BURNS, SEVENTY, STAIRS,
           W. D. HUTCHINSON, TELEK, CLYMER AND ITKIN, JANUARY 27, 1981

        REFERRED TO COMMITTEE ON MINES AND ENERGY MANAGEMENT,
           JANUARY 27, 1981

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for certain warnings
     3     and extending exceptions to prohibition on interception and
     4     disclosure of communications to the Pennsylvania Emergency
     5     Management Agency.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Paragraph (3) of section 5704 of Title 18, act of
     9  November 25, 1970 (P.L.707, No.230), known as the Pennsylvania
    10  Consolidated Statutes, is amended to read:
    11  § 5704.  Exceptions to prohibition on interception and
    12           disclosure of communications.
    13     It shall not be unlawful under this chapter for:
    14     * * *
    15         (3)  Police and emergency communications systems to
    16     record telephone communications coming into and going out of
    17     the communications system of a police department, fire
    18     department, Pennsylvania Emergency Management Agency or


     1     county emergency center, if:
     2             (i)  the telephones thereof are limited to the
     3         exclusive use of the communication system for
     4         administrative purposes and provided the communication
     5         system employs a verbal warning at the initiation of the
     6         call and a periodic warning during the call which
     7         [indicates] indicate to the parties to the conversation
     8         that the call is being recorded;
     9             (ii)  all recordings made pursuant to this clause,
    10         all notes made therefrom, and all transcriptions thereof
    11         may be destroyed at any time, unless required with regard
    12         to a pending matter; and
    13             (iii)  at least one nonrecorded telephone line is
    14         made available for public use at each police department,
    15         fire department, Pennsylvania Emergency Management Agency
    16         or county emergency center.
    17     * * *
    18     Section 2.  This act shall take effect in 60 days.








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