PRINTER'S NO. 3141
No. 2284 Session of 2002
INTRODUCED BY MACKERETH, BENNINGHOFF, CLYMER, CREIGHTON,
GRUCELA, HENNESSEY, HERSHEY, R. MILLER, RUBLEY, B. SMITH,
E. Z. TAYLOR, THOMAS, TIGUE, TRICH, WOGAN, YOUNGBLOOD AND
TURZAI, JANUARY 22, 2002
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 22, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for investigative
3 disclosure or use of contents of wire, electronic or oral
4 communications or derivative evidence.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5717 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 5717. Investigative disclosure or use of contents of wire,
10 electronic or oral communications or derivative
11 evidence.
12 (a) Law enforcement personnel.--Any investigative or law
13 enforcement officer who, under subsection (a.1) [or], (b) or
14 (c), has obtained knowledge of the contents of any wire,
15 electronic or oral communication, or evidence derived therefrom,
16 may disclose such contents or evidence to another investigative
17 or law enforcement officer to the extent that such disclosure is
18 appropriate to the proper performance of the official duties of
1 the officer making or receiving the disclosure.
2 (a.1) Use of information.--Any investigative or law
3 enforcement officer who, by any means authorized by this
4 subchapter, has obtained knowledge of the contents of any wire,
5 electronic or oral communication or evidence derived therefrom
6 may use such contents or evidence to the extent such use is
7 appropriate to the proper performance of his official duties.
8 (b) Evidence.--Any person who by any means authorized by
9 this chapter, has obtained knowledge of the contents of any
10 wire, electronic or oral communication, or evidence derived
11 therefrom, may disclose such contents or evidence to an
12 investigative or law enforcement officer and may disclose such
13 contents or evidence while giving testimony under oath or
14 affirmation in any criminal, quasi-criminal, forfeiture,
15 administrative enforcement or professional disciplinary
16 proceeding in any court, board or agency of this Commonwealth or
17 of another state or of the United States or before any state or
18 Federal grand jury or investigating grand jury.
19 (c) Otherwise authorized personnel.--Any person who, by any
20 means authorized by the laws of another state or the Federal
21 Government, has obtained knowledge of the contents of any wire,
22 electronic or oral communication, or evidence derived therefrom,
23 may disclose such contents or evidence to an investigative or
24 law enforcement officer and may disclose such contents or
25 evidence while giving testimony under oath or affirmation in any
26 matter relating to any criminal, quasi-criminal, forfeiture,
27 administrative enforcement or professional disciplinary
28 proceedings in any court, board or agency of this Commonwealth,
29 of another state or of the United States or before any state or
30 Federal grand jury or investigating grand jury.
20020H2284B3141 - 2 -
1 Section 2. This act shall take effect in 60 days.
D25L18BIL/20020H2284B3141 - 3 -