HOUSE AMENDED
PRIOR PRINTER'S NOS. 941, 1183, 2157 PRINTER'S NO. 2443
No. 797 Session of 1987
INTRODUCED BY GREENWOOD, HELFRICK, PECORA, O'PAKE, CORMAN, FUMO,
REIBMAN, AFFLERBACH AND SALVATORE, MAY 5, 1987
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 12, 1988
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, limiting the defense of justification
3 in certain cases; and making an editorial change; PROVIDING <--
4 FOR INTERCEPTION OF CERTAIN COMMUNICATIONS AND ACCESS TO
5 RECORDS PERTAINING THERETO; PROVIDING FOR STORED WIRE AND
6 COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS, MOBILE
7 TRACKING DEVICES AND PEN REGISTERS AND TRAP AND TRACE
8 DEVICES; FURTHER PROVIDING FOR WIRETAPPING AND ELECTRONIC
9 SURVEILLANCE; FURTHER PROVIDING FOR CERTAIN REPORTS AND
10 PENALTIES; AND MAKING A REPEAL.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 509 of Title 18 of the Pennsylvania
14 Consolidated Statutes is amended to read:
15 § 509. Use of force by persons with special responsibility for
16 care, discipline or safety of others.
17 (a) General rule.--The use of force upon or toward the <--
18 person of another is justifiable if:
19 (1) The actor is the parent or guardian or other person
20 similarly responsible for the general care and supervision of
21 a minor or a person acting at the request of such parent,
1 guardian or other responsible person and:
2 (i) the force is used for the purpose of
3 safeguarding or promoting the welfare of the minor,
4 including the preventing or punishment of his misconduct;
5 and
6 (ii) the force used is not designed to cause or
7 known to create a substantial risk of causing death,
8 serious bodily injury, disfigurement, extreme pain or
9 mental distress or gross degradation.
10 (2) The actor is a teacher or person otherwise entrusted
11 with the care or supervision for a special purpose of a minor
12 and:
13 (i) the actor believes that the force used is
14 necessary to further such special purpose, including the
15 maintenance of reasonable discipline in a school, class
16 or other group, and that the use of such force is
17 consistent with the welfare of the minor; and
18 (ii) the degree of force, if it had been used by the
19 parent or guardian of the minor, would not be
20 unjustifiable under [subparagraph (1)(ii) of this
21 section] paragraph (1)(ii).
22 (3) The actor is the guardian or other person similarly
23 responsible for the general care and supervision of an
24 incompetent, mentally ill or mentally retarded person; and:
25 (i) [the force is used] necessary force is used for <--
26 the purpose of safeguarding or promoting the welfare of
27 the incompetent, mentally ill or mentally retarded
28 person, including the prevention of his misconduct[, or,
29 when such incompetent person is in a hospital or other
30 institution for his care and custody, for the maintenance
19870S0797B2443 - 2 -
1 of reasonable discipline in such institution] AND THERE <--
2 IS NO REASONABLE ALTERNATIVE TO THE USE OF SUCH FORCE;
3 and
4 (ii) the force used is not designed to cause or
5 known to create a substantial risk of causing death,
6 [serious] bodily injury, disfigurement, [extreme or] <--
7 unnecessary] pain, mental distress, or humiliation beyond <--
8 that justifiable under subparagraph (i).
9 (4) The actor is a doctor or other therapist or a person
10 assisting him at his direction; and:
11 (i) the force is used for the purpose of
12 administering a recognized form of treatment not
13 prohibited by law of this Commonwealth which the actor
14 believes to be adapted to promoting the physical or
15 mental health of the patient; and
16 (ii) the treatment is administered with the consent
17 of the patient, or, if the patient is a minor or an
18 incompetent person with the consent of his parent or
19 guardian or other person legally competent to consent in
20 his behalf, or the treatment is administered in an
21 emergency when the actor believes that no one competent
22 to consent can be consulted and that a reasonable person,
23 wishing to safeguard the welfare of the patient, would
24 consent.
25 (5) The actor is a warden or other authorized official
26 of a correctional institution; and:
27 (i) he believes that the force used is necessary for
28 the purpose of enforcing the lawful rules or procedures
29 of the institution, unless his belief in the lawfulness
30 of the rule or procedure sought to be enforced is
19870S0797B2443 - 3 -
1 erroneous and his error is due to ignorance or mistake as
2 to the provisions of this title, any other provision of
3 the criminal law or the law governing the administration
4 of the institution;
5 (ii) the nature or degree of force used is not
6 forbidden by law; and
7 (iii) if deadly force is used, its use is otherwise
8 justifiable under this chapter.
9 (6) The actor is a person responsible for the safety of
10 a vessel or an aircraft or a person acting at his direction;
11 and:
12 (i) he believes that the force used is necessary to
13 prevent interference with the operation of the vessel or
14 aircraft or obstruction of the execution of a lawful
15 order, unless his belief in the lawfulness of the order
16 is erroneous and his error is due to ignorance or mistake
17 as to the law defining his authority; and
18 (ii) if deadly force is used, its use is otherwise
19 justifiable under this chapter.
20 (7) The actor is a person who is authorized or required
21 by law to maintain order or decorum in a vehicle, train or
22 other carrier or in a place where others are assembled; and:
23 (i) he believes that the force used is necessary for
24 such purpose; and
25 (ii) the force used is not designed to cause death,
26 or known to create a substantial risk of causing death,
27 bodily injury, or extreme mental distress.
28 (b) Necessary force.--As used in subsection (a)(3)(i), force <--
29 shall be deemed necessary only if no reasonable alternative is
30 available and the force used is limited to that which is
19870S0797B2443 - 4 -
1 required to prevent imminent physical injury to the actor, the
2 incompetent, mentally ill or mentally retarded person or another
3 person.
4 Section 2. This act shall take effect in 60 days.
5 SECTION 2. CHAPTER 57 OF TITLE 18 IS AMENDED BY ADDING A <--
6 SUBCHAPTER HEADING TO READ:
7 CHAPTER 57
8 WIRETAPPING AND ELECTRONIC SURVEILLANCE
9 SUBCHAPTER A
10 GENERAL PROVISIONS
11 SECTION 3. SECTION 5702 OF TITLE 18 IS AMENDED TO READ:
12 § 5702. DEFINITIONS.
13 AS USED IN THIS CHAPTER, THE FOLLOWING WORDS AND PHRASES
14 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
15 CONTEXT CLEARLY INDICATES OTHERWISE:
16 "AGGRIEVED PERSON." A PERSON WHO WAS A PARTY TO ANY
17 INTERCEPTED WIRE, ELECTRONIC OR ORAL COMMUNICATION OR A PERSON
18 AGAINST WHOM THE INTERCEPTION WAS DIRECTED.
19 "AURAL TRANSFER." A TRANSFER CONTAINING THE HUMAN VOICE AT
20 ANY POINT BETWEEN AND INCLUDING THE POINT OF ORIGIN AND THE
21 POINT OF RECEPTION.
22 "COMMUNICATION COMMON CARRIER." ANY PERSON ENGAGED AS A
23 COMMON CARRIER FOR HIRE, IN INTRASTATE, INTERSTATE OR FOREIGN
24 COMMUNICATION BY WIRE OR RADIO OR IN INTRASTATE, INTERSTATE OR
25 FOREIGN RADIO TRANSMISSION OF ENERGY; HOWEVER, A PERSON ENGAGED
26 IN RADIO BROADCASTING SHALL NOT, WHILE SO ENGAGED, BE DEEMED A
27 COMMON CARRIER.
28 "CONTENTS." AS USED WITH RESPECT TO ANY WIRE, ELECTRONIC OR
29 ORAL COMMUNICATION, IS ANY INFORMATION CONCERNING THE [IDENTITY
30 OF THE PARTIES TO SUCH COMMUNICATION OR THE EXISTENCE,]
19870S0797B2443 - 5 -
1 SUBSTANCE, PURPORT, OR MEANING OF THAT COMMUNICATION.
2 "COURT." THE SUPERIOR COURT. FOR THE PURPOSES OF SUBCHAPTER
3 C ONLY, THE TERM SHALL MEAN THE COURT OF COMMON PLEAS.
4 "ELECTRONIC COMMUNICATION." ANY TRANSFER OF SIGNS, SIGNALS,
5 WRITING, IMAGES, SOUNDS, DATA OR INTELLIGENCE OF ANY NATURE
6 TRANSMITTED IN WHOLE OR IN PART BY A WIRE, RADIO,
7 ELECTROMAGNETIC, PHOTOELECTRONIC OR PHOTO-OPTICAL SYSTEM,
8 EXCEPT:
9 (1) THE RADIO PORTION OF A CORDLESS TELEPHONE
10 COMMUNICATION THAT IS TRANSMITTED BETWEEN THE CORDLESS
11 TELEPHONE HANDSET AND THE BASE UNIT.
12 (2) ANY WIRE OR ORAL COMMUNICATION.
13 (3) ANY COMMUNICATION MADE THROUGH A TONE-ONLY PAGING
14 DEVICE.
15 (4) ANY COMMUNICATION FROM A TRACKING DEVICE (AS DEFINED
16 IN THIS SECTION).
17 "ELECTRONIC COMMUNICATION SERVICE." ANY SERVICE WHICH
18 PROVIDES TO USERS THE ABILITY TO SEND OR RECEIVE WIRE OR
19 ELECTRONIC COMMUNICATIONS.
20 "ELECTRONIC COMMUNICATION SYSTEM." ANY WIRE, RADIO,
21 ELECTROMAGNETIC, PHOTO-OPTICAL OR PHOTOELECTRONIC FACILITIES FOR
22 THE TRANSMISSION OF ELECTRONIC COMMUNICATIONS, AND ANY COMPUTER
23 FACILITIES OR RELATED ELECTRONIC EQUIPMENT FOR THE ELECTRONIC
24 STORAGE OF SUCH COMMUNICATIONS.
25 "ELECTRONIC, MECHANICAL OR OTHER DEVICE." ANY DEVICE OR
26 APPARATUS, INCLUDING AN INDUCTION COIL, THAT CAN BE USED TO
27 INTERCEPT A WIRE, ELECTRONIC OR ORAL COMMUNICATION OTHER THAN:
28 (1) ANY TELEPHONE OR TELEGRAPH INSTRUMENT, EQUIPMENT OR
29 FACILITY, OR ANY COMPONENT THEREOF, FURNISHED TO THE
30 SUBSCRIBER OR USER BY A PROVIDER OF WIRE OR ELECTRONIC
19870S0797B2443 - 6 -
1 COMMUNICATION SERVICE IN THE ORDINARY COURSE OF ITS BUSINESS,
2 OR FURNISHED BY SUCH SUBSCRIBER OR USER FOR CONNECTION TO THE
3 FACILITIES OF SUCH SERVICE AND USED IN THE ORDINARY COURSE OF
4 ITS BUSINESS, OR BEING USED BY A COMMUNICATION COMMON CARRIER
5 IN THE ORDINARY COURSE OF ITS BUSINESS, OR BY AN
6 INVESTIGATIVE OR LAW ENFORCEMENT OFFICER IN THE ORDINARY
7 COURSE OF HIS DUTIES.
8 (2) A HEARING AID OR SIMILAR DEVICE BEING USED TO
9 CORRECT SUB-NORMAL HEARING TO NOT BETTER THAN NORMAL.
10 "ELECTRONIC STORAGE."
11 (1) ANY TEMPORARY, INTERMEDIATE STORAGE OF A WIRE OR
12 ELECTRONIC COMMUNICATION INCIDENTAL TO THE ELECTRONIC
13 TRANSMISSION THEREOF.
14 (2) ANY STORAGE OF SUCH A COMMUNICATION BY AN ELECTRONIC
15 COMMUNICATION SERVICE FOR PURPOSE OF BACKUP PROTECTION OF THE
16 COMMUNICATION.
17 "IN-PROGRESS TRACE." THE DETERMINATION OF THE ORIGIN OF A
18 TELEPHONIC COMMUNICATION TO A KNOWN TELEPHONE DURING AN
19 INTERCEPTION.
20 "INTERCEPT." AURAL OR OTHER ACQUISITION OF THE CONTENTS OF
21 ANY WIRE, ELECTRONIC OR ORAL COMMUNICATION THROUGH THE USE OF
22 ANY ELECTRONIC, MECHANICAL OR OTHER DEVICE.
23 ["INTERCEPTING DEVICE." ANY DEVICE OR APPARATUS, INCLUDING
24 AN INDUCTION COIL, THAT CAN BE USED TO INTERCEPT A WIRE OR ORAL
25 COMMUNICATION OTHER THAN:
26 (1) ANY TELEPHONE OR TELEGRAPH INSTRUMENT, EQUIPMENT OR
27 FACILITY, OR ANY COMPONENT THEREOF, FURNISHED TO THE
28 SUBSCRIBER OR USER BY A COMMUNICATION COMMON CARRIER IN THE
29 ORDINARY COURSE OF ITS BUSINESS, OR PURCHASED BY ANY PERSON,
30 AND BEING USED BY THE SUBSCRIBER, USER, OR PERSON IN THE
19870S0797B2443 - 7 -
1 ORDINARY COURSE OF ITS BUSINESS; OR BEING USED BY A
2 COMMUNICATION COMMON CARRIER IN THE ORDINARY COURSE OF ITS
3 BUSINESS, OR BY AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER
4 IN THE ORDINARY COURSE OF HIS DUTIES; OR
5 (2) A HEARING AID OR SIMILAR DEVICE BEING USED TO
6 CORRECT SUB-NORMAL HEARING TO NOT BETTER THAN NORMAL.]
7 "INVESTIGATIVE OR LAW ENFORCEMENT OFFICER." ANY OFFICER OF
8 THE UNITED STATES OR OF THE COMMONWEALTH OR POLITICAL
9 SUBDIVISION THEREOF, WHO IS EMPOWERED BY LAW TO CONDUCT
10 INVESTIGATIONS OF OR TO MAKE ARRESTS FOR OFFENSES ENUMERATED IN
11 THIS CHAPTER, AND ANY ATTORNEY AUTHORIZED BY LAW TO PROSECUTE OR
12 PARTICIPATE IN THE PROSECUTION OF SUCH OFFENSE. THE TERM SHALL
13 INCLUDE, BUT NOT BE LIMITED TO, EMPLOYEES OF THE PENNSYLVANIA
14 CRIME COMMISSION, AUTHORIZED TO INVESTIGATE CRIMES ENUMERATED IN
15 SECTION 5708 (RELATING TO ORDER AUTHORIZING INTERCEPTION OF WIRE
16 OR ORAL COMMUNICATIONS).
17 "JUDGE." [AS] WHEN REFERRING TO A JUDGE AUTHORIZED TO
18 RECEIVE APPLICATIONS FOR, AND TO ENTER, ORDERS AUTHORIZING
19 INTERCEPTIONS OF WIRE [AND], ELECTRONIC OR ORAL COMMUNICATIONS
20 PURSUANT TO THIS CHAPTER, ANY JUDGE OF THE SUPERIOR COURT.
21 "ONE CALL SYSTEM." A COMMUNICATION SYSTEM ESTABLISHED BY
22 USERS TO PROVIDE A SINGLE TELEPHONE NUMBER FOR CONTRACTORS OR
23 DESIGNERS OR ANY OTHER PERSON TO CALL NOTIFYING USERS OF THE
24 CALLER'S INTENT TO ENGAGE IN DEMOLITION OR EXCAVATION WORK.
25 "ORAL COMMUNICATION." ANY ORAL [COMMUNICATIONS]
26 COMMUNICATION UTTERED BY A PERSON POSSESSING AN EXPECTATION THAT
27 SUCH COMMUNICATION IS NOT SUBJECT TO INTERCEPTION UNDER
28 CIRCUMSTANCES JUSTIFYING SUCH EXPECTATION. THE TERM DOES NOT
29 INCLUDE ANY ELECTRONIC COMMUNICATION.
30 "ORGANIZED CRIME."
19870S0797B2443 - 8 -
1 (1) THE UNLAWFUL ACTIVITY OF AN ASSOCIATION TRAFFICKING
2 IN ILLEGAL GOODS OR SERVICES, INCLUDING BUT NOT LIMITED TO,
3 GAMBLING, PROSTITUTION, LOAN SHARKING, CONTROLLED SUBSTANCES,
4 LABOR RACKETEERING, OR OTHER UNLAWFUL ACTIVITIES; OR
5 (2) ANY CONTINUING CRIMINAL CONSPIRACY OR OTHER UNLAWFUL
6 PRACTICE WHICH HAS AS ITS OBJECTIVE:
7 (I) LARGE ECONOMIC GAIN THROUGH FRAUDULENT OR
8 COERCIVE PRACTICES; OR
9 (II) IMPROPER GOVERNMENTAL INFLUENCE.
10 "PEN REGISTER." [A MECHANICAL OR ELECTRONIC DEVICE WHICH
11 ATTACHES TO A PARTICULAR TELEPHONE LINE, AND WHICH RECORDS
12 OUTGOING NUMBERS DIALED BY A PARTICULAR TELEPHONE, BUT DOES NOT:
13 (1) MONITOR THE CONTENTS OF ANY COMMUNICATION; OR
14 (2) RECORD THE ORIGIN OF ANY INCOMING COMMUNICATIONS.]
15 A DEVICE WHICH RECORDS OR DECODES ELECTRONIC OR OTHER IMPULSES
16 WHICH IDENTIFY THE NUMBERS DIALED OR OTHERWISE TRANSMITTED, WITH
17 RESPECT TO WIRE COMMUNICATIONS, ON THE TELEPHONE LINE TO WHICH
18 THE DEVICE IS ATTACHED. THE TERM DOES NOT INCLUDE A DEVICE USED
19 BY A PROVIDER OR CUSTOMER OF A WIRE OR ELECTRONIC COMMUNICATION
20 SERVICE FOR BILLING, OR RECORDING AS AN INCIDENT TO BILLING, FOR
21 COMMUNICATION SERVICE PROVIDED BY THE PROVIDER, OR ANY DEVICE
22 USED BY A PROVIDER, OR CUSTOMER OF A WIRE COMMUNICATION SERVICE
23 FOR COST ACCOUNTING OR OTHER LIKE PURPOSES IN THE ORDINARY
24 COURSE OF BUSINESS.
25 "PERSON." ANY EMPLOYEE, OR AGENT OF THE UNITED STATES OR ANY
26 STATE OR POLITICAL SUBDIVISION THEREOF, AND ANY INDIVIDUAL,
27 PARTNERSHIP, ASSOCIATION, JOINT STOCK COMPANY, TRUST OR
28 CORPORATION.
29 "READILY ACCESSIBLE TO THE GENERAL PUBLIC." AS USED WITH
30 RESPECT TO A RADIO COMMUNICATION, THAT SUCH COMMUNICATION IS
19870S0797B2443 - 9 -
1 NOT:
2 (1) SCRAMBLED OR ENCRYPTED;
3 (2) TRANSMITTED USING MODULATION TECHNIQUES OF WHICH THE
4 ESSENTIAL PARAMETERS HAVE BEEN WITHHELD FROM THE PUBLIC WITH
5 THE INTENTION OF PRESERVING THE PRIVACY OF THE COMMUNICATION;
6 (3) CARRIED ON A SUBSCRIBER OR OTHER SIGNAL SUBSIDIARY
7 TO A RADIO TRANSMISSION;
8 (4) TRANSMITTED OVER A COMMUNICATION SYSTEM PROVIDED BY
9 A COMMON CARRIER, UNLESS THE COMMUNICATION IS A TONE-ONLY
10 PAGING SYSTEM COMMUNICATION; OR
11 (5) TRANSMITTED ON FREQUENCIES ALLOCATED UNDER 47 CFR
12 PARTS 25, 74D, E, F OR 94, UNLESS, IN THE CASE OF A
13 COMMUNICATION TRANSMITTED ON A FREQUENCY ALLOCATED UNDER PART
14 74 WHICH IS NOT EXCLUSIVELY ALLOCATED TO BROADCAST AUXILIARY
15 SERVICES, THE COMMUNICATION IS A TWO-WAY VOICE COMMUNICATION
16 BY RADIO.
17 "REMOTE COMPUTING SERVICE." THE PROVISION TO THE PUBLIC OF
18 COMPUTER STORAGE OR PROCESSING SERVICES BY MEANS OF AN
19 ELECTRONIC COMMUNICATIONS SYSTEM.
20 "TRACKING DEVICE." AN ELECTRONIC OR MECHANICAL DEVICE WHICH
21 PERMITS ONLY THE TRACKING OF THE MOVEMENT OF A PERSON OR OBJECT.
22 "TRAP AND TRACE DEVICE." A DEVICE WHICH CAPTURES THE
23 INCOMING ELECTRONIC OR OTHER IMPULSES WHICH IDENTIFY THE
24 ORIGINATING NUMBER OF AN INSTRUMENT OR DEVICE FROM WHICH A WIRE
25 OR ELECTRONIC COMMUNICATION WAS TRANSMITTED.
26 "USER." ANY PERSON OR ENTITY WHO:
27 (1) USES AN ELECTRONIC COMMUNICATION SERVICE; AND
28 (2) IS DULY AUTHORIZED BY THE PROVIDER OF THE SERVICE TO
29 ENGAGE IN THE USE.
30 "WIRE [COMMUNICATIONS] COMMUNICATION." ANY [COMMUNICATION]
19870S0797B2443 - 10 -
1 AURAL TRANSFER MADE IN WHOLE OR IN PART THROUGH THE USE OF
2 FACILITIES FOR THE TRANSMISSION OF [COMMUNICATIONS]
3 COMMUNICATION BY WIRE, CABLE OR OTHER LIKE CONNECTION BETWEEN
4 THE POINT OF ORIGIN AND THE POINT OF RECEPTION, INCLUDING THE
5 USE OF SUCH A CONNECTION IN A SWITCHING STATION, FURNISHED OR
6 OPERATED BY A TELEPHONE, TELEGRAPH OR RADIO COMPANY FOR HIRE AS
7 A COMMUNICATION COMMON CARRIER. THE TERM DOES NOT INCLUDE THE
8 RADIO PORTION OF A CORDLESS TELEPHONE COMMUNICATION TRANSMITTED
9 BETWEEN THE CORDLESS TELEPHONE HANDSET AND THE BASE UNIT.
10 SECTION 4. CHAPTER 57 OF TITLE 18 IS AMENDED BY ADDING A
11 SUBCHAPTER HEADING TO READ:
12 SUBCHAPTER B
13 WIRE, ELECTRONIC OR ORAL COMMUNICATION
14 SECTION 5. SECTIONS 5703, 5704, 5705, 5706, 5707, 5708,
15 5709, 5710, 5712, 5713, 5714, 5715, 5716, 5717, 5718, 5719,
16 5720, 5721, 5722, 5723, 5724 AND 5725 OF TITLE 18 ARE AMENDED
17 AND THE SUBCHAPTER IS AMENDED BY ADDING A SECTION TO READ:
18 § 5703. INTERCEPTION, DISCLOSURE OR USE OF WIRE, ELECTRONIC OR
19 ORAL COMMUNICATIONS.
20 EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, A PERSON IS
21 GUILTY OF A FELONY OF THE THIRD DEGREE IF HE:
22 (1) [WILLFULLY] INTENTIONALLY INTERCEPTS, ENDEAVORS TO
23 INTERCEPT, OR PROCURES ANY OTHER PERSON TO INTERCEPT OR
24 ENDEAVOR TO INTERCEPT ANY WIRE, ELECTRONIC OR ORAL
25 COMMUNICATION;
26 (2) [WILLFULLY] INTENTIONALLY DISCLOSES OR ENDEAVORS TO
27 DISCLOSE TO ANY OTHER PERSON THE CONTENTS OF ANY WIRE,
28 ELECTRONIC OR ORAL COMMUNICATION, OR EVIDENCE DERIVED
29 THEREFROM, KNOWING OR HAVING REASON TO KNOW THAT THE
30 INFORMATION WAS OBTAINED THROUGH THE INTERCEPTION OF A WIRE,
19870S0797B2443 - 11 -
1 ELECTRONIC OR ORAL COMMUNICATION; OR
2 (3) [WILLFULLY] INTENTIONALLY USES OR ENDEAVORS TO USE
3 THE CONTENTS OF ANY WIRE, ELECTRONIC OR ORAL [COMMUNICATIONS]
4 COMMUNICATION, OR EVIDENCE DERIVED THEREFROM, KNOWING OR
5 HAVING REASON TO KNOW, THAT THE INFORMATION WAS OBTAINED
6 THROUGH THE INTERCEPTION OF A WIRE, ELECTRONIC OR ORAL
7 COMMUNICATION.
8 § 5704. EXCEPTIONS TO PROHIBITION [ON] OF INTERCEPTION AND
9 DISCLOSURE OF COMMUNICATIONS.
10 IT SHALL NOT BE UNLAWFUL UNDER THIS CHAPTER FOR:
11 (1) AN OPERATOR OF A SWITCHBOARD, OR AN OFFICER, AGENT
12 OR EMPLOYEE OF A [COMMUNICATION COMMON CARRIER] PROVIDER OF
13 WIRE OR ELECTRONIC COMMUNICATION SERVICE, WHOSE FACILITIES
14 ARE USED IN THE TRANSMISSION OF A WIRE COMMUNICATION, TO
15 INTERCEPT, DISCLOSE OR USE THAT COMMUNICATION IN THE NORMAL
16 COURSE OF HIS EMPLOYMENT WHILE ENGAGED IN ANY ACTIVITY WHICH
17 IS A NECESSARY INCIDENT TO THE RENDITION OF HIS SERVICE OR TO
18 THE PROTECTION OF THE RIGHTS OR PROPERTY OF THE [CARRIER OF
19 SUCH COMMUNICATION] PROVIDER OF WIRE OR ELECTRONIC
20 COMMUNICATION SERVICE. HOWEVER, NO [COMMUNICATION COMMON
21 CARRIER] PROVIDER OF WIRE OR ELECTRONIC COMMUNICATION SERVICE
22 SHALL UTILIZE SERVICE OBSERVING OR RANDOM MONITORING EXCEPT
23 FOR MECHANICAL OR SERVICE QUALITY CONTROL CHECKS.
24 (2) ANY INVESTIGATIVE OR LAW ENFORCEMENT OFFICER OR ANY
25 PERSON ACTING AT THE DIRECTION OR REQUEST OF AN INVESTIGATIVE
26 OR LAW ENFORCEMENT OFFICER TO INTERCEPT A WIRE, ELECTRONIC OR
27 ORAL COMMUNICATION INVOLVING SUSPECTED CRIMINAL ACTIVITIES
28 WHERE:
29 (I) SUCH OFFICER OR PERSON IS A PARTY TO THE
30 COMMUNICATION; OR
19870S0797B2443 - 12 -
1 (II) ONE OF THE PARTIES TO THE COMMUNICATION HAS
2 GIVEN PRIOR CONSENT TO SUCH INTERCEPTION. HOWEVER, NO
3 INTERCEPTION UNDER THIS PARAGRAPH SHALL BE MADE UNLESS
4 THE ATTORNEY GENERAL OR A DEPUTY ATTORNEY GENERAL
5 DESIGNATED IN WRITING BY THE ATTORNEY GENERAL, OR THE
6 DISTRICT ATTORNEY, OR AN ASSISTANT DISTRICT ATTORNEY
7 DESIGNATED IN WRITING BY THE DISTRICT ATTORNEY, OF THE
8 COUNTY WHEREIN THE INTERCEPTION IS TO BE MADE, HAS
9 REVIEWED THE FACTS AND IS SATISFIED THAT THE CONSENT IS
10 VOLUNTARY AND HAS GIVEN PRIOR APPROVAL FOR THE
11 INTERCEPTION; HOWEVER SUCH INTERCEPTION SHALL BE SUBJECT
12 TO THE RECORDING AND RECORD KEEPING REQUIREMENTS OF
13 SECTION 5714(A) (RELATING TO RECORDING OF INTERCEPTED
14 COMMUNICATIONS) AND THAT THE ATTORNEY GENERAL, DEPUTY
15 ATTORNEY GENERAL, DISTRICT ATTORNEY OR ASSISTANT DISTRICT
16 ATTORNEY AUTHORIZING THE INTERCEPTION SHALL BE THE
17 CUSTODIAN OF RECORDED EVIDENCE OBTAINED THEREFROM.
18 (3) POLICE AND EMERGENCY COMMUNICATIONS SYSTEMS TO
19 RECORD TELEPHONE COMMUNICATIONS COMING INTO AND GOING OUT OF
20 THE COMMUNICATIONS SYSTEM OF THE PENNSYLVANIA EMERGENCY
21 MANAGEMENT AGENCY OR A POLICE DEPARTMENT, FIRE DEPARTMENT OR
22 COUNTY EMERGENCY CENTER, IF:
23 (I) THE TELEPHONES THEREOF ARE LIMITED TO THE
24 EXCLUSIVE USE OF THE COMMUNICATION SYSTEM FOR
25 ADMINISTRATIVE PURPOSES AND PROVIDED THE COMMUNICATION
26 SYSTEM EMPLOYS A PERIODIC WARNING WHICH INDICATES TO THE
27 PARTIES TO THE CONVERSATION THAT THE CALL IS BEING
28 RECORDED;
29 (II) ALL RECORDINGS MADE PURSUANT TO THIS CLAUSE,
30 ALL NOTES MADE THEREFROM, AND ALL TRANSCRIPTIONS THEREOF
19870S0797B2443 - 13 -
1 MAY BE DESTROYED AT ANY TIME, UNLESS REQUIRED WITH REGARD
2 TO A PENDING MATTER; AND
3 (III) AT LEAST ONE NONRECORDED TELEPHONE LINE IS
4 MADE AVAILABLE FOR PUBLIC USE AT THE PENNSYLVANIA
5 EMERGENCY MANAGEMENT AGENCY AND AT EACH POLICE
6 DEPARTMENT, FIRE DEPARTMENT OR COUNTY EMERGENCY CENTER.
7 (4) A PERSON, TO INTERCEPT A WIRE, ELECTRONIC OR ORAL
8 COMMUNICATION, WHERE ALL PARTIES TO THE COMMUNICATION HAVE
9 GIVEN PRIOR CONSENT TO SUCH INTERCEPTION.
10 (5) ANY INVESTIGATIVE OR LAW ENFORCEMENT OFFICER, OR
11 [COMMUNICATIONS] COMMUNICATION COMMON CARRIER ACTING AT THE
12 DIRECTION OF AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER OR
13 IN THE NORMAL COURSE OF ITS BUSINESS, TO USE A PEN REGISTER
14 OR TRAP AND TRACE DEVICE AS PROVIDED IN THIS CHAPTER.
15 (6) PERSONNEL OF ANY PUBLIC UTILITY TO RECORD TELEPHONE
16 CONVERSATIONS WITH UTILITY CUSTOMERS OR THE GENERAL PUBLIC
17 RELATING TO RECEIVING AND DISPATCHING OF EMERGENCY AND
18 SERVICE CALLS PROVIDED THERE IS, DURING SUCH RECORDING, A
19 PERIODIC WARNING WHICH INDICATES TO THE PARTIES TO THE
20 CONVERSATION THAT THE CALL IS BEING RECORDED.
21 (7) A USER, OR ANY OFFICER, EMPLOYEE OR AGENT OF SUCH
22 USER, TO RECORD TELEPHONE COMMUNICATIONS BETWEEN HIMSELF AND
23 A CONTRACTOR OR DESIGNER, OR ANY OFFICER, EMPLOYEE OR AGENT
24 OF SUCH CONTRACTOR OR DESIGNER, PERTAINING TO EXCAVATION OR
25 DEMOLITION WORK OR OTHER RELATED MATTERS, IF THE USER OR ITS
26 AGENT INDICATES TO THE PARTIES TO THE CONVERSATION THAT THE
27 CALL WILL BE OR IS BEING RECORDED. [THE] AS USED IN THIS
28 PARAGRAPH, THE TERMS "USER," "CONTRACTOR," "DEMOLITION WORK,"
29 "DESIGNER" AND "EXCAVATION WORK" SHALL HAVE THE MEANINGS
30 GIVEN TO THEM IN THE ACT OF DECEMBER 10, 1974 (P.L.852,
19870S0797B2443 - 14 -
1 NO.287), REFERRED TO AS THE UNDERGROUND UTILITY LINE
2 PROTECTION LAW; AND A ONE CALL SYSTEM SHALL BE CONSIDERED FOR
3 THIS PURPOSE TO BE AN AGENT OF ANY USER WHICH IS A MEMBER
4 THEREOF.
5 (8) A PROVIDER OF ELECTRONIC COMMUNICATION SERVICE TO
6 RECORD THE FACT THAT A WIRE OR ELECTRONIC COMMUNICATION WAS
7 INITIATED OR COMPLETED IN ORDER TO PROTECT THE PROVIDER,
8 ANOTHER PROVIDER FURNISHING SERVICE TOWARD THE COMPLETION OF
9 THE WIRE OR ELECTRONIC COMMUNICATION, OR A USER OF THAT
10 SERVICE, FROM FRAUDULENT, UNLAWFUL OR ABUSIVE USE OF THE
11 SERVICE.
12 (9) A PERSON OR ENTITY PROVIDING ELECTRONIC
13 COMMUNICATION SERVICE TO THE PUBLIC TO DIVULGE THE CONTENTS
14 OF ANY SUCH COMMUNICATION:
15 (I) AS OTHERWISE AUTHORIZED IN THIS SECTION OR
16 SECTION 5717 (RELATING TO DISCLOSURE OR USE OF CONTENTS
17 OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS OR DERIVATIVE
18 EVIDENCE);
19 (II) WITH THE LAWFUL CONSENT OF THE ORIGINATOR OR
20 ANY ADDRESSEE OR INTENDED RECIPIENT OF THE COMMUNICATION;
21 (III) TO A PERSON EMPLOYED OR AUTHORIZED, OR WHOSE
22 FACILITIES ARE USED, TO FORWARD THE COMMUNICATION TO ITS
23 DESTINATION; OR
24 (IV) WHICH WERE INADVERTENTLY OBTAINED BY THE
25 SERVICE PROVIDER AND WHICH APPEAR TO PERTAIN TO THE
26 COMMISSION OF A CRIME, IF SUCH DIVULGENCE IS MADE TO A
27 LAW ENFORCEMENT AGENCY;
28 A PERSON OR ENTITY PROVIDING ELECTRONIC COMMUNICATION SERVICE
29 TO THE PUBLIC SHALL NOT INTENTIONALLY DIVULGE THE CONTENTS OF
30 ANY COMMUNICATION (OTHER THAN ONE DIRECTED TO THE PERSON OR
19870S0797B2443 - 15 -
1 ENTITY, OR AN AGENT THEREOF) WHILE IN TRANSMISSION OF THAT
2 SERVICE TO ANY PERSON OR ENTITY OTHER THAN AN ADDRESSEE OR
3 INTENDED RECIPIENT OF THE COMMUNICATION OR AN AGENT OF THE
4 ADDRESSEE OR INTENDED RECIPIENT.
5 (10) ANY PERSON:
6 (I) TO INTERCEPT OR ACCESS AN ELECTRONIC
7 COMMUNICATION MADE THROUGH AN ELECTRONIC COMMUNICATION
8 SYSTEM CONFIGURED SO THAT THE ELECTRONIC COMMUNICATION IS
9 READILY ACCESSIBLE TO THE GENERAL PUBLIC;
10 (II) TO INTERCEPT ANY RADIO COMMUNICATION WHICH IS
11 TRANSMITTED:
12 (A) BY A STATION FOR THE USE OF THE GENERAL
13 PUBLIC, OR WHICH RELATES TO SHIPS, AIRCRAFT,
14 VEHICLES, OR PERSONS IN DISTRESS;
15 (B) BY ANY GOVERNMENTAL, LAW ENFORCEMENT, CIVIL
16 DEFENSE, PRIVATE LAND MOBILE OR PUBLIC SAFETY
17 COMMUNICATION SYSTEM, INCLUDING POLICE AND FIRE
18 SYSTEMS, READILY ACCESSIBLE TO THE GENERAL PUBLIC;
19 (C) BY A STATION OPERATING ON AN AUTHORIZED
20 FREQUENCY WITHIN THE BANDS ALLOCATED TO THE AMATEUR,
21 CITIZENS BAND OR GENERAL MOBILE RADIO SERVICES; OR
22 (D) BY ANY MARINE OR AERONAUTICAL COMMUNICATION
23 SYSTEM;
24 (III) TO ENGAGE IN ANY CONDUCT WHICH:
25 (A) IS PROHIBITED BY SECTION 633 OF THE
26 COMMUNICATIONS ACT OF 1934 (48 STAT. 1105, 47 U.S.C.
27 § 553); OR
28 (B) IS EXCEPTED FROM THE APPLICATION OF SECTION
29 705(A) OR THE COMMUNICATIONS ACT OF 1934 (47 U.S.C. §
30 605(A)), BY SECTION 705(B) OF THAT ACT (47 U.S.C. §
19870S0797B2443 - 16 -
1 605(B)); OR
2 (IV) TO INTERCEPT ANY WIRE OR ELECTRONIC
3 COMMUNICATION THE TRANSMISSION OF WHICH IS CAUSING
4 HARMFUL INTERFERENCE TO ANY LAWFULLY OPERATING STATION,
5 TO THE EXTENT NECESSARY TO IDENTIFY THE SOURCE OF THE
6 INTERFERENCE.
7 (11) OTHER USERS OF THE SAME FREQUENCY TO INTERCEPT ANY
8 RADIO COMMUNICATION MADE THROUGH A SYSTEM WHICH UTILIZES
9 FREQUENCIES MONITORED BY INDIVIDUALS ENGAGED IN THE
10 PROVISIONS OR USE OF THE SYSTEM, IF THE COMMUNICATION IS NOT
11 SCRAMBLED OR ENCRYPTED.
12 (12) ANY INVESTIGATIVE OR LAW ENFORCEMENT OFFICER OR ANY
13 PERSON ACTING AT THE DIRECTION OR REQUEST OF AN INVESTIGATIVE
14 OR LAW ENFORCEMENT OFFICER TO INTERCEPT A WIRE OR ORAL
15 COMMUNICATION INVOLVING SUSPECTED CRIMINAL ACTIVITIES WHERE
16 THE OFFICER OR THE PERSON IS A PARTY TO THE COMMUNICATION AND
17 THERE IS REASONABLE CAUSE TO BELIEVE THAT:
18 (I) THE OTHER PARTY TO THE COMMUNICATION IS EITHER:
19 (A) HOLDING A HOSTAGE; OR
20 (B) HAS BARRICADED HIMSELF AND TAKEN A POSITION
21 OF CONFINEMENT TO AVOID APPREHENSION; AND
22 (II) THAT PARTY:
23 (A) WILL RESIST WITH THE USE OF WEAPONS; OR
24 (B) IS THREATENING SUICIDE OR HARM TO OTHERS.
25 § 5705. POSSESSION, SALE, DISTRIBUTION, MANUFACTURE OR
26 ADVERTISEMENT OF [INTERCEPTING] ELECTRONIC,
27 MECHANICAL OR OTHER DEVICES.
28 EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 5706
29 (RELATING TO EXCEPTIONS TO PROHIBITIONS IN POSSESSION, SALE,
30 DISTRIBUTION, MANUFACTURE OR ADVERTISEMENT OF [INTERCEPTING]
19870S0797B2443 - 17 -
1 ELECTRONIC, MECHANICAL OR OTHER DEVICES), A PERSON IS GUILTY OF
2 A FELONY OF THE THIRD DEGREE IF HE DOES ANY OF THE FOLLOWING:
3 (1) [WILLFULLY] INTENTIONALLY POSSESSES AN
4 [INTERCEPTING] ELECTRONIC, MECHANICAL OR OTHER DEVICE,
5 KNOWING OR HAVING REASON TO KNOW THAT THE DESIGN OF SUCH
6 DEVICE RENDERS IT PRIMARILY USEFUL FOR THE PURPOSE OF THE
7 SURREPTITIOUS INTERCEPTION OF A WIRE, ELECTRONIC OR ORAL
8 COMMUNICATION.
9 (2) [WILLFULLY] INTENTIONALLY SELLS, TRANSFERS OR
10 DISTRIBUTES AN [INTERCEPTING] ELECTRONIC, MECHANICAL OR OTHER
11 DEVICE, KNOWING OR HAVING REASON TO KNOW THAT THE DESIGN OF
12 SUCH DEVICE RENDERS IT PRIMARILY USEFUL FOR THE PURPOSE OF
13 THE SURREPTITIOUS INTERCEPTION OF A WIRE, ELECTRONIC OR ORAL
14 COMMUNICATION.
15 (3) [WILLFULLY] INTENTIONALLY MANUFACTURES OR ASSEMBLES
16 AN [INTERCEPTING] ELECTRONIC, MECHANICAL OR OTHER DEVICE,
17 KNOWING OR HAVING REASON TO KNOW THAT THE DESIGN OF SUCH
18 DEVICE RENDERS IT PRIMARILY USEFUL FOR THE PURPOSE OF THE
19 SURREPTITIOUS INTERCEPTION OF A WIRE, ELECTRONIC OR ORAL
20 COMMUNICATION.
21 (4) [WILLFULLY] INTENTIONALLY PLACES IN ANY NEWSPAPER,
22 MAGAZINE, HANDBILL, OR OTHER PUBLICATION ANY ADVERTISEMENT OF
23 [ANY INTERCEPTING] AN ELECTRONIC, MECHANICAL OR OTHER DEVICE,
24 KNOWING OR HAVING REASON TO KNOW THAT THE DESIGN OF SUCH
25 DEVICE RENDERS IT PRIMARILY USEFUL FOR THE PURPOSE OF THE
26 SURREPTITIOUS INTERCEPTION OF A WIRE, ELECTRONIC OR ORAL
27 COMMUNICATION OR OF [ANY INTERCEPTING] AN ELECTRONIC,
28 MECHANICAL OR OTHER DEVICE WHERE SUCH ADVERTISEMENT PROMOTES
29 THE USE OF SUCH DEVICE FOR THE PURPOSE OF THE SURREPTITIOUS
30 INTERCEPTION OF A WIRE, ELECTRONIC OR ORAL COMMUNICATION.
19870S0797B2443 - 18 -
1 § 5706. EXCEPTIONS TO PROHIBITIONS IN POSSESSION, SALE,
2 DISTRIBUTION, MANUFACTURE OR ADVERTISEMENT OF
3 [INTERCEPTING] ELECTRONIC, MECHANICAL OR OTHER
4 DEVICES.
5 (A) UNLAWFUL ACTIVITIES.--IT SHALL NOT BE UNLAWFUL UNDER
6 THIS CHAPTER FOR:
7 (1) A [COMMUNICATION COMMON CARRIER] PROVIDER OF WIRE OR
8 ELECTRONIC COMMUNICATION SERVICE OR AN OFFICER, AGENT OR
9 EMPLOYEE OF, OR A PERSON UNDER CONTRACT WITH [A COMMUNICATION
10 COMMON CARRIER], SUCH A PROVIDER, IN THE [USUAL] NORMAL
11 COURSE OF THE [COMMUNICATION COMMON CARRIER'S BUSINESS]
12 BUSINESS OF PROVIDING THE WIRE OR ELECTRONIC COMMUNICATION
13 SERVICE; OR
14 (2) A PERSON UNDER CONTRACT WITH THE UNITED STATES, THE
15 COMMONWEALTH OR A POLITICAL SUBDIVISION THEREOF, A STATE OR A
16 POLITICAL SUBDIVISION THEREOF, OR AN OFFICER, AGENT OR
17 EMPLOYEE OF THE UNITED STATES, THE COMMONWEALTH OR A
18 POLITICAL SUBDIVISION THEREOF, OR A STATE OR A POLITICAL
19 SUBDIVISION THEREOF,
20 TO POSSESS, SELL, DISTRIBUTE, MANUFACTURE, ASSEMBLE OR ADVERTISE
21 [ANY INTERCEPTING] AN ELECTRONIC, MECHANICAL OR OTHER DEVICE,
22 WHILE ACTING IN FURTHERANCE OF THE APPROPRIATE ACTIVITIES OF THE
23 UNITED STATES, THE COMMONWEALTH OR A POLITICAL SUBDIVISION
24 THEREOF, OR A STATE OR A POLITICAL SUBDIVISION THEREOF OR A
25 [COMMUNICATION COMMON CARRIER] PROVIDER OF WIRE OR ELECTRONIC
26 COMMUNICATION SERVICE.
27 (B) RESPONSIBILITY.--THE ATTORNEY GENERAL AND THE DISTRICT
28 ATTORNEY OR THEIR DESIGNEES SO DESIGNATED IN WRITING SHALL HAVE
29 THE SOLE RESPONSIBILITY TO BUY, POSSESS AND LOAN ANY
30 [INTERCEPTING] ELECTRONIC, MECHANICAL OR OTHER DEVICE WHICH IS
19870S0797B2443 - 19 -
1 TO BE USED BY INVESTIGATIVE OR LAW ENFORCEMENT OFFICERS FOR
2 PURPOSES OF INTERCEPTION AS AUTHORIZED UNDER SECTION 5704(2) AND
3 (12) (RELATING TO EXCEPTIONS TO PROHIBITION [ON] OF INTERCEPTION
4 AND DISCLOSURE OF COMMUNICATIONS), 5712 (RELATING TO ISSUANCE OF
5 ORDER AND EFFECT) [OR], 5713 (RELATING TO EMERGENCY SITUATIONS)
6 OR 5713.1 (RELATING TO EMERGENCY HOSTAGE AND BARRICADE
7 SITUATIONS). WITH THE PERMISSION OF THE ATTORNEY GENERAL OR A
8 DISTRICT ATTORNEY WHO HAS DESIGNATED ANY SUPERVISING LAW
9 ENFORCEMENT OFFICER FOR PURPOSES OF INTERCEPTIONS AS AUTHORIZED
10 UNDER SECTION 5713.1, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYS
11 THE SUPERVISING LAW ENFORCEMENT OFFICER MAY BUY, POSSESS, LOAN
12 OR BORROW ANY ELECTRONIC, MECHANICAL OR OTHER DEVICE WHICH IS TO
13 BE USED BY INVESTIGATIVE OR LAW ENFORCEMENT OFFICERS AT THE
14 DIRECTION OF THE SUPERVISING LAW ENFORCEMENT OFFICER SOLELY FOR
15 THE PURPOSE OF INTERCEPTION AS AUTHORIZED UNDER SECTIONS
16 5704(12) AND 5713.1.
17 § 5707. SEIZURE AND FORFEITURE OF [INTERCEPTING] ELECTRONIC,
18 MECHANICAL OR OTHER DEVICES.
19 ANY [INTERCEPTING] ELECTRONIC, MECHANICAL OR OTHER DEVICE
20 POSSESSED, USED, SENT, DISTRIBUTED, MANUFACTURED, OR ASSEMBLED
21 IN VIOLATION OF THIS CHAPTER IS HEREBY DECLARED TO BE CONTRABAND
22 AND MAY BE SEIZED AND FORFEITED TO THE COMMONWEALTH.
23 § 5708. ORDER AUTHORIZING INTERCEPTION OF WIRE, ELECTRONIC OR
24 ORAL COMMUNICATIONS.
25 (A) AUTHORIZATION.--EXCEPT IN CASES REFERRED TO IN
26 SUBSECTION (B), THE ATTORNEY GENERAL, OR, DURING THE ABSENCE OR
27 INCAPACITY OF THE ATTORNEY GENERAL, A DEPUTY ATTORNEY GENERAL
28 DESIGNATED IN WRITING BY THE ATTORNEY GENERAL, OR THE DISTRICT
29 ATTORNEY OR, DURING THE ABSENCE OR INCAPACITY OF THE DISTRICT
30 ATTORNEY, AN ASSISTANT DISTRICT ATTORNEY DESIGNATED IN WRITING
19870S0797B2443 - 20 -
1 BY THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN THE INTERCEPTION
2 IS TO BE MADE, MAY MAKE WRITTEN APPLICATION TO ANY SUPERIOR
3 COURT JUDGE FOR AN ORDER AUTHORIZING THE INTERCEPTION OF A WIRE,
4 ELECTRONIC OR ORAL COMMUNICATION BY THE INVESTIGATIVE OR LAW
5 ENFORCEMENT OFFICERS OR AGENCY HAVING RESPONSIBILITY FOR AN
6 INVESTIGATION INVOLVING SUSPECTED CRIMINAL ACTIVITIES WHEN SUCH
7 INTERCEPTION MAY PROVIDE EVIDENCE OF THE COMMISSION OF ANY OF
8 THE FOLLOWING OFFENSES, OR MAY PROVIDE EVIDENCE AIDING IN THE
9 APPREHENSION OF THE PERPETRATOR OR PERPETRATORS OF ANY OF THE
10 FOLLOWING OFFENSES:
11 (1) UNDER THIS TITLE:
12 SECTION 911 (RELATING TO CORRUPT ORGANIZATIONS)
13 SECTION 2501 (RELATING TO CRIMINAL HOMICIDE)
14 SECTION 2502 (RELATING TO MURDER)
15 SECTION 2503 (RELATING TO VOLUNTARY MANSLAUGHTER)
16 SECTION 2706 (RELATING TO TERRORISTIC THREATS)
17 SECTION 2901 (RELATING TO KIDNAPPING)
18 SECTION 3121 (RELATING TO RAPE)
19 SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
20 INTERCOURSE)
21 SECTION 3301 (RELATING TO ARSON AND RELATED OFFENSES)
22 SECTION 3302 (RELATING TO CAUSING OR RISKING
23 CATASTROPHE)
24 SECTION 3502 (RELATING TO BURGLARY)
25 SECTION 3701 (RELATING TO ROBBERY)
26 SECTION 3921 (RELATING TO THEFT BY UNLAWFUL TAKING OR
27 DISPOSITION)
28 SECTION 3922 (RELATING TO THEFT BY DECEPTION)
29 SECTION 3923 (RELATING TO THEFT BY EXTORTION)
30 SECTION 4701 (RELATING TO BRIBERY IN OFFICIAL AND
19870S0797B2443 - 21 -
1 POLITICAL MATTERS)
2 SECTION 4702 (RELATING TO THREATS AND OTHER IMPROPER
3 INFLUENCE IN OFFICIAL AND POLITICAL MATTERS)
4 SECTION 5512 (RELATING TO LOTTERIES, ETC.)
5 SECTION 5513 (RELATING TO GAMBLING DEVICES, GAMBLING,
6 ETC.)
7 SECTION 5514 (RELATING TO POOL SELLING AND
8 BOOKMAKING)
9 (2) UNDER THIS TITLE, WHERE SUCH OFFENSE IS DANGEROUS TO
10 LIFE, LIMB OR PROPERTY AND PUNISHABLE BY IMPRISONMENT FOR
11 MORE THAN ONE YEAR:
12 SECTION 3925 (RELATING TO RECEIVING STOLEN PROPERTY)
13 SECTION 3926 (RELATING TO THEFT OF SERVICES)
14 SECTION 3927 (RELATING TO THEFT BY FAILURE TO MAKE
15 REQUIRED DISPOSITION OF FUNDS RECEIVED)
16 SECTION 4108 (RELATING TO COMMERCIAL BRIBERY AND
17 BREACH OF DUTY TO ACT DISINTERESTEDLY)
18 SECTION 4109 (RELATING TO RIGGING PUBLICLY EXHIBITED
19 CONTEST)
20 SECTION 4902 (RELATING TO PERJURY)
21 [SECTION 4907 (RELATING TO TAMPERING WITH WITNESSES
22 AND INFORMANTS)]
23 SECTION 4909 (RELATING TO WITNESS OR INFORMANT TAKING
24 BRIBE)
25 SECTION 4911 (RELATING TO TAMPERING WITH PUBLIC
26 RECORDS OR INFORMATION)
27 SECTION 4952 (RELATING TO INTIMIDATION OF WITNESSES
28 OR VICTIMS)
29 SECTION 4953 (RELATING TO RETALIATION AGAINST WITNESS
30 OR VICTIM)
19870S0797B2443 - 22 -
1 SECTION 5101 (RELATING TO OBSTRUCTING ADMINISTRATION
2 OF LAW OR OTHER GOVERNMENTAL FUNCTION)
3 SECTION 5504 (RELATING TO HARASSMENT BY COMMUNICATION
4 OR ADDRESS)
5 SECTION 5902 (RELATING TO PROSTITUTION AND RELATED
6 OFFENSES)
7 (3) UNDER THE ACT OF [JULY 22, 1970 (P.L.513, NO.178),
8 KNOWN AS THE "PENNSYLVANIA CIGARETTE TAX ACT,"] MARCH 4, 1971
9 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, WHERE
10 SUCH OFFENSE IS DANGEROUS TO LIFE, LIMB OR PROPERTY AND
11 PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE YEAR:
12 [SECTION 902. SALES OF UNSTAMPED CIGARETTES.
13 SECTION 903. POSSESSION OF UNSTAMPED CIGARETTES.
14 SECTION 904. COUNTERFEITING.]
15 SECTION 1272 (RELATING TO SALES OF UNSTAMPED
16 CIGARETTES)
17 SECTION 1273 (RELATING TO POSSESSION OF UNSTAMPED
18 CIGARETTES)
19 SECTION 1274 (RELATING TO COUNTERFEITING).
20 (4) ANY OFFENSE SET FORTH UNDER SECTION 13(A) OF THE ACT
21 OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS ["]THE
22 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT,["] NOT
23 INCLUDING THE OFFENSE DESCRIBED IN CLAUSE (31) OF SECTION
24 13(A).
25 (5) ANY OFFENSE SET FORTH UNDER THE ACT OF NOVEMBER 15,
26 1972 (P.L.1227, NO.272).
27 (6) ANY CONSPIRACY TO COMMIT ANY OF THE OFFENSES SET
28 FORTH IN THIS SECTION.
29 (B) EXCEPTION.--WHENEVER THE INTERCEPTION OF WIRE,
30 ELECTRONIC OR ORAL COMMUNICATION IS TO BE MADE BY AN
19870S0797B2443 - 23 -
1 INVESTIGATIVE OFFICER EMPLOYED BY THE PENNSYLVANIA CRIME
2 COMMISSION, THE APPLICATION FOR THE AUTHORIZING ORDER SHALL BE
3 MADE BY THE ATTORNEY GENERAL OR, DURING THE ABSENCE OR
4 INCAPACITY OF THE ATTORNEY GENERAL, A DEPUTY ATTORNEY GENERAL
5 DESIGNATED IN WRITING BY THE ATTORNEY GENERAL.
6 § 5709. APPLICATION FOR ORDER.
7 EACH APPLICATION FOR AN ORDER OF AUTHORIZATION TO INTERCEPT A
8 WIRE, ELECTRONIC OR ORAL COMMUNICATION SHALL BE MADE IN WRITING
9 UPON THE PERSONAL OATH OR AFFIRMATION OF THE ATTORNEY GENERAL OR
10 A DISTRICT ATTORNEY OF THE COUNTY WHEREIN THE INTERCEPTION IS TO
11 BE MADE AND SHALL CONTAIN ALL OF THE FOLLOWING:
12 (1) A STATEMENT OF THE AUTHORITY OF THE APPLICANT TO
13 MAKE SUCH APPLICATION.
14 (2) A STATEMENT OF THE IDENTITY AND QUALIFICATIONS OF
15 THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICERS OR AGENCY FOR
16 WHOM THE AUTHORITY TO INTERCEPT A WIRE, ELECTRONIC OR ORAL
17 COMMUNICATION IS SOUGHT.
18 (3) A SWORN STATEMENT BY THE INVESTIGATIVE OR LAW
19 ENFORCEMENT OFFICER WHO HAS KNOWLEDGE OF RELEVANT INFORMATION
20 JUSTIFYING THE APPLICATION, WHICH SHALL INCLUDE:
21 (I) THE IDENTITY OF THE PARTICULAR PERSON, IF KNOWN,
22 COMMITTING THE OFFENSE AND WHOSE COMMUNICATIONS ARE TO BE
23 INTERCEPTED.
24 (II) THE DETAILS AS TO THE PARTICULAR OFFENSE THAT
25 HAS BEEN, IS BEING, OR IS ABOUT TO BE COMMITTED.
26 (III) THE PARTICULAR TYPE OF COMMUNICATION TO BE
27 INTERCEPTED.
28 (IV) A SHOWING THAT THERE IS PROBABLE CAUSE TO
29 BELIEVE THAT SUCH COMMUNICATION WILL BE COMMUNICATED ON
30 THE WIRE COMMUNICATION FACILITY INVOLVED OR AT THE
19870S0797B2443 - 24 -
1 PARTICULAR PLACE WHERE THE ORAL COMMUNICATION IS TO BE
2 INTERCEPTED.
3 (V) THE CHARACTER AND LOCATION OF THE PARTICULAR
4 WIRE COMMUNICATION [FACILITIES] FACILITY INVOLVED OR THE
5 PARTICULAR PLACE WHERE THE ORAL COMMUNICATION IS TO BE
6 INTERCEPTED.
7 (VI) A STATEMENT OF THE PERIOD OF TIME FOR WHICH THE
8 INTERCEPTION IS REQUIRED TO BE MAINTAINED, AND, IF THE
9 CHARACTER OF THE INVESTIGATION IS SUCH THAT THE
10 AUTHORIZATION FOR INTERCEPTION SHOULD NOT AUTOMATICALLY
11 TERMINATE WHEN THE DESCRIBED TYPE OF COMMUNICATION HAS
12 BEEN FIRST OBTAINED, A PARTICULAR STATEMENT OF FACTS
13 ESTABLISHING PROBABLE CAUSE TO BELIEVE THAT ADDITIONAL
14 COMMUNICATIONS OF THE SAME TYPE WILL OCCUR THEREAFTER.
15 (VII) A PARTICULAR STATEMENT OF FACTS SHOWING THAT
16 OTHER NORMAL INVESTIGATIVE PROCEDURES WITH RESPECT TO THE
17 OFFENSE HAVE BEEN TRIED AND HAVE FAILED, OR REASONABLY
18 APPEAR TO BE UNLIKELY TO SUCCEED IF TRIED OR ARE TOO
19 DANGEROUS TO EMPLOY.
20 (4) WHERE THE APPLICATION IS FOR THE RENEWAL OR
21 EXTENSION OF AN ORDER, A PARTICULAR STATEMENT OF FACTS
22 SHOWING THE RESULTS THUS FAR OBTAINED FROM THE INTERCEPTION,
23 OR A REASONABLE EXPLANATION OF THE FAILURE TO OBTAIN SUCH
24 RESULTS.
25 (5) A COMPLETE STATEMENT OF THE FACTS CONCERNING ALL
26 PREVIOUS APPLICATIONS, KNOWN TO THE APPLICANT MADE TO ANY
27 COURT FOR AUTHORIZATION TO INTERCEPT A WIRE, ELECTRONIC OR
28 ORAL COMMUNICATION INVOLVING ANY OF THE SAME FACILITIES OR
29 PLACES SPECIFIED IN THE APPLICATION OR INVOLVING ANY PERSON
30 WHOSE COMMUNICATION IS TO BE INTERCEPTED, AND THE ACTION
19870S0797B2443 - 25 -
1 TAKEN BY THE COURT ON EACH SUCH APPLICATION.
2 (6) A PROPOSED ORDER OF AUTHORIZATION FOR CONSIDERATION
3 BY THE JUDGE.
4 (7) SUCH ADDITIONAL TESTIMONY OR DOCUMENTARY EVIDENCE IN
5 SUPPORT OF THE APPLICATION AS THE JUDGE MAY REQUIRE.
6 § 5710. GROUNDS FOR ENTRY OF ORDER.
7 (A) APPLICATION.--UPON CONSIDERATION OF AN APPLICATION, THE
8 JUDGE MAY ENTER AN EX PARTE ORDER, AS REQUESTED OR AS MODIFIED,
9 AUTHORIZING THE INTERCEPTION OF [A] WIRE, ELECTRONIC OR ORAL
10 [COMMUNICATION] COMMUNICATIONS ANYWHERE WITHIN THE COMMONWEALTH,
11 IF THE JUDGE DETERMINES ON THE BASIS OF THE FACTS SUBMITTED BY
12 THE APPLICANT THAT THERE IS PROBABLE CAUSE FOR BELIEF THAT ALL
13 THE FOLLOWING CONDITIONS EXIST:
14 (1) THE PERSON WHOSE [COMMUNICATION IS] COMMUNICATIONS
15 ARE TO BE INTERCEPTED IS COMMITTING, HAS OR HAD COMMITTED OR
16 IS ABOUT TO COMMIT AN OFFENSE AS PROVIDED IN SECTION 5708
17 (RELATING TO ORDER AUTHORIZING INTERCEPTION OF WIRE,
18 ELECTRONIC OR ORAL COMMUNICATIONS);
19 (2) PARTICULAR COMMUNICATIONS CONCERNING SUCH OFFENSE
20 MAY BE OBTAINED THROUGH SUCH INTERCEPTION;
21 (3) NORMAL INVESTIGATIVE PROCEDURES WITH RESPECT TO SUCH
22 OFFENSE HAVE BEEN TRIED AND HAVE FAILED OR REASONABLY APPEAR
23 TO BE UNLIKELY TO SUCCEED IF TRIED OR TO BE TOO DANGEROUS TO
24 EMPLOY;
25 (4) THE [FACILITIES] FACILITY FROM WHICH, OR THE PLACE
26 WHERE, THE WIRE, ELECTRONIC OR ORAL COMMUNICATIONS ARE TO BE
27 INTERCEPTED, [ARE, HAVE] IS, HAS BEEN, OR [ARE] IS ABOUT TO
28 BE USED, IN CONNECTION WITH THE COMMISSION OF SUCH OFFENSE,
29 OR [ARE] IS LEASED TO, LISTED IN THE NAME OF, OR COMMONLY
30 USED BY, SUCH [INDIVIDUAL] PERSON;
19870S0797B2443 - 26 -
1 (5) THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICERS OR
2 AGENCY TO BE AUTHORIZED TO INTERCEPT THE WIRE, ELECTRONIC OR
3 ORAL [COMMUNICATION] COMMUNICATIONS ARE QUALIFIED BY TRAINING
4 AND EXPERIENCE TO EXECUTE THE INTERCEPTION SOUGHT, AND ARE
5 CERTIFIED UNDER SECTION 5724 (RELATING TO TRAINING); AND
6 (6) IN THE CASE OF AN APPLICATION, OTHER THAN A RENEWAL
7 OR EXTENSION, FOR AN ORDER TO INTERCEPT A COMMUNICATION OF A
8 PERSON OR ON A FACILITY WHICH WAS THE SUBJECT OF A PREVIOUS
9 ORDER AUTHORIZING INTERCEPTION, THE APPLICATION IS BASED UPON
10 NEW EVIDENCE OR INFORMATION DIFFERENT FROM AND IN ADDITION TO
11 THE EVIDENCE OR INFORMATION OFFERED TO SUPPORT THE PRIOR
12 ORDER, REGARDLESS OF WHETHER SUCH EVIDENCE WAS DERIVED FROM
13 PRIOR INTERCEPTIONS OR FROM OTHER SOURCES.
14 (B) CORROBORATIVE EVIDENCE.--AS PART OF THE CONSIDERATION OF
15 AN APPLICATION IN WHICH THERE IS NO CORROBORATIVE EVIDENCE
16 OFFERED, THE JUDGE MAY INQUIRE IN CAMERA AS TO THE IDENTITY OF
17 ANY INFORMANTS OR ANY OTHER ADDITIONAL INFORMATION CONCERNING
18 THE BASIS UPON WHICH THE INVESTIGATIVE OR LAW ENFORCEMENT
19 OFFICER OR AGENCY HAS APPLIED FOR THE ORDER OF AUTHORIZATION
20 WHICH THE JUDGE FINDS RELEVANT IN ORDER TO DETERMINE IF THERE IS
21 PROBABLE CAUSE PURSUANT TO THIS SECTION.
22 § 5712. ISSUANCE OF ORDER AND EFFECT.
23 (A) AUTHORIZING ORDERS.--EACH ORDER AUTHORIZING THE
24 INTERCEPTION OF ANY WIRE, ELECTRONIC OR ORAL COMMUNICATION SHALL
25 STATE THE FOLLOWING:
26 (1) THE IDENTITY OF THE INVESTIGATIVE OR LAW ENFORCEMENT
27 OFFICERS OR AGENCY TO WHOM THE AUTHORITY TO INTERCEPT [A]
28 WIRE, ELECTRONIC OR ORAL [COMMUNICATION] COMMUNICATIONS IS
29 GIVEN AND THE NAME AND OFFICIAL IDENTITY OF THE PERSON WHO
30 MADE THE APPLICATION.
19870S0797B2443 - 27 -
1 (2) THE IDENTITY OF, OR A PARTICULAR DESCRIPTION OF, THE
2 PERSON, IF KNOWN, WHOSE COMMUNICATIONS ARE TO BE INTERCEPTED.
3 (3) THE CHARACTER AND LOCATION OF THE PARTICULAR
4 COMMUNICATION FACILITIES AS TO WHICH, OR THE PARTICULAR PLACE
5 OF THE COMMUNICATION AS TO WHICH, AUTHORITY TO INTERCEPT IS
6 GRANTED.
7 (4) A PARTICULAR DESCRIPTION OF THE TYPE OF THE
8 COMMUNICATION TO BE INTERCEPTED AND A STATEMENT OF THE
9 PARTICULAR OFFENSE TO WHICH IT RELATES.
10 (5) THE PERIOD OF TIME DURING WHICH SUCH INTERCEPTION IS
11 AUTHORIZED, INCLUDING A STATEMENT AS TO WHETHER OR NOT THE
12 INTERCEPTION SHALL AUTOMATICALLY TERMINATE WHEN THE DESCRIBED
13 COMMUNICATION HAS BEEN FIRST OBTAINED.
14 (B) TIME LIMITS.--NO ORDER ENTERED UNDER THIS SECTION SHALL
15 AUTHORIZE THE INTERCEPTION OF ANY WIRE, ELECTRONIC OR ORAL
16 COMMUNICATION FOR A PERIOD OF TIME IN EXCESS OF THAT NECESSARY
17 UNDER THE CIRCUMSTANCES. EVERY ORDER ENTERED UNDER THIS SECTION
18 SHALL REQUIRE THAT SUCH INTERCEPTION BEGIN AND TERMINATE AS SOON
19 AS PRACTICABLE AND BE CONDUCTED IN SUCH A MANNER AS TO MINIMIZE
20 OR ELIMINATE THE INTERCEPTION OF SUCH COMMUNICATIONS NOT
21 OTHERWISE SUBJECT TO INTERCEPTION UNDER THIS CHAPTER BY MAKING
22 REASONABLE EFFORTS, WHENEVER POSSIBLE, TO REDUCE THE HOURS OF
23 INTERCEPTION AUTHORIZED BY SAID ORDER. [EXCEPT AS PROVIDED IN
24 SUBSECTION (C), NO] IN THE EVENT THE INTERCEPTED COMMUNICATION
25 IS IN A CODE OR FOREIGN LANGUAGE AND AN EXPERT IN THAT CODE OR
26 FOREIGN LANGUAGE IS NOT REASONABLY AVAILABLE DURING THE
27 INTERCEPTION PERIOD, MINIMIZATION MAY BE ACCOMPLISHED AS SOON AS
28 PRACTICABLE AFTER SUCH INTERCEPTION. NO ORDER ENTERED UNDER THIS
29 SECTION SHALL AUTHORIZE THE INTERCEPTION OF WIRE, ELECTRONIC OR
30 ORAL COMMUNICATIONS FOR ANY PERIOD EXCEEDING [20] 30 DAYS. [AN
19870S0797B2443 - 28 -
1 EXTENSION] THE 30-DAY PERIOD BEGINS ON THE DAY ON WHICH THE
2 INVESTIGATIVE OR LAW ENFORCEMENT OFFICERS OR AGENCY FIRST BEGINS
3 TO CONDUCT AN INTERCEPTION UNDER THE ORDER, OR TEN DAYS AFTER
4 THE ORDER IS ENTERED, WHICHEVER IS EARLIER. EXTENSIONS OR
5 [RENEWAL] RENEWALS OF SUCH AN ORDER MAY BE GRANTED FOR [ONE]
6 ADDITIONAL [PERIOD] PERIODS OF NOT MORE THAN [20 DAYS] 30 DAYS
7 EACH. NO EXTENSION OR RENEWAL SHALL BE GRANTED UNLESS AN
8 APPLICATION FOR IT IS MADE IN ACCORDANCE WITH THIS SECTION, AND
9 THE JUDGE MAKES THE FINDINGS REQUIRED BY SECTION 5710 (RELATING
10 TO GROUNDS FOR ENTRY OF ORDER).
11 (C) RESPONSIBILITY.--THE ORDER SHALL REQUIRE THE ATTORNEY
12 GENERAL OR THE DISTRICT ATTORNEY, OR THEIR DESIGNEES, TO BE
13 RESPONSIBLE FOR THE SUPERVISION OF THE INTERCEPTION.
14 (D) PROGRESS REPORTS.--WHENEVER AN ORDER AUTHORIZING AN
15 INTERCEPTION IS ENTERED, THE ORDER MAY REQUIRE REPORTS TO BE
16 MADE TO THE JUDGE WHO ISSUED THE ORDER SHOWING WHAT PROGRESS HAS
17 BEEN MADE TOWARD ACHIEVEMENT OF THE AUTHORIZED OBJECTIVE AND THE
18 NEED FOR CONTINUED INTERCEPTION. THE REPORTS SHALL BE MADE AT
19 SUCH INTERVALS AS THE JUDGE MAY REQUIRE.
20 (E) FINAL REPORT.--WHENEVER [A SURVEILLANCE] AN INTERCEPTION
21 IS AUTHORIZED PURSUANT TO THIS SECTION, A COMPLETE WRITTEN LIST
22 OF NAMES OF PARTICIPANTS AND EVIDENCE OF OFFENSES DISCOVERED,
23 INCLUDING THOSE NOT STATED IN THE APPLICATION FOR ORDER, SHALL
24 BE FILED WITH THE COURT AT THE TIME THE AUTHORIZED
25 [SURVEILLANCE] INTERCEPTION IS TERMINATED.
26 (F) ASSISTANCE.--AN ORDER AUTHORIZING THE INTERCEPTION OF A
27 WIRE, ELECTRONIC OR ORAL COMMUNICATION SHALL, UPON REQUEST OF
28 THE APPLICANT, DIRECT THAT A [COMMUNICATION COMMON CARRIER]
29 PROVIDER OF ELECTRONIC COMMUNICATION SERVICE SHALL FURNISH THE
30 APPLICANT FORTHWITH ALL INFORMATION, FACILITIES AND TECHNICAL
19870S0797B2443 - 29 -
1 ASSISTANCE NECESSARY TO ACCOMPLISH THE INTERCEPTION
2 UNOBTRUSIVELY AND WITH A MINIMUM OF INTERFERENCE WITH THE
3 SERVICES THAT SUCH [CARRIER] SERVICE PROVIDER IS AFFORDING THE
4 PERSON WHOSE COMMUNICATIONS ARE TO BE INTERCEPTED. THE
5 OBLIGATION OF A [COMMUNICATION COMMON CARRIER] PROVIDER OF
6 ELECTRONIC COMMUNICATION SERVICE UNDER SUCH AN ORDER MAY INCLUDE
7 BUT IS NOT LIMITED TO CONDUCTING AN IN-PROGRESS TRACE DURING AN
8 INTERCEPTION. ANY [COMMUNICATION COMMON CARRIER] PROVIDER OF
9 ELECTRONIC COMMUNICATION SERVICE FURNISHING SUCH FACILITIES OR
10 TECHNICAL ASSISTANCE SHALL BE COMPENSATED [THEREFORE] THEREFOR
11 BY THE APPLICANT [AT THE PREVAILING RATES. SAID CARRIER] FOR
12 REASONABLE EXPENSES INCURRED IN PROVIDING THE FACILITIES OR
13 ASSISTANCE. THE SERVICE PROVIDER SHALL BE IMMUNE FROM CIVIL AND
14 CRIMINAL LIABILITY FOR ANY ASSISTANCE RENDERED TO THE APPLICANT
15 PURSUANT TO THIS SECTION.
16 (G) ENTRY BY LAW ENFORCEMENT OFFICERS.--AN ORDER AUTHORIZING
17 THE INTERCEPTION OF A WIRE, ELECTRONIC OR ORAL COMMUNICATION
18 SHALL, IF REQUESTED, AUTHORIZE THE ENTRY OF PREMISES OR
19 FACILITIES SPECIFIED IN SUBSECTION (A)(3), OR PREMISES NECESSARY
20 TO OBTAIN ACCESS TO THE PREMISES OR FACILITIES SPECIFIED IN
21 SUBSECTION (A)(3), BY THE LAW ENFORCEMENT OFFICERS SPECIFIED IN
22 SUBSECTION (A)(1), AS OFTEN AS NECESSARY SOLELY FOR THE PURPOSES
23 OF INSTALLING, MAINTAINING OR REMOVING AN [INTERCEPTING]
24 ELECTRONIC, MECHANICAL OR OTHER DEVICE OR DEVICES PROVIDED THAT
25 SUCH ENTRY IS REASONABLY NECESSARY TO ACCOMPLISH THE PURPOSES OF
26 THIS CHAPTER AND PROVIDED THAT THE JUDGE WHO ISSUES THE ORDER
27 SHALL BE NOTIFIED OF THE TIME AND METHOD OF EACH SUCH ENTRY
28 PRIOR TO ENTRY IF PRACTICAL AND, IN ANY CASE, WITHIN 48 HOURS OF
29 ENTRY.
30 § 5713. EMERGENCY SITUATIONS.
19870S0797B2443 - 30 -
1 (A) APPLICATION.--WHENEVER, UPON INFORMAL APPLICATION BY THE
2 ATTORNEY GENERAL OR A DESIGNATED DEPUTY ATTORNEY GENERAL
3 AUTHORIZED IN WRITING BY THE ATTORNEY GENERAL OR A DISTRICT
4 ATTORNEY OR AN ASSISTANT DISTRICT ATTORNEY AUTHORIZED IN WRITING
5 BY THE DISTRICT ATTORNEY OF A COUNTY WHEREIN THE INTERCEPTION IS
6 TO BE MADE, A JUDGE DETERMINES THERE ARE GROUNDS UPON WHICH AN
7 ORDER COULD BE ISSUED PURSUANT TO THIS CHAPTER, AND THAT AN
8 EMERGENCY SITUATION EXISTS WITH RESPECT TO THE INVESTIGATION OF
9 AN OFFENSE DESIGNATED IN SECTION 5708 (RELATING TO ORDER
10 AUTHORIZING INTERCEPTION OF WIRE, ELECTRONIC OR ORAL
11 COMMUNICATIONS), AND INVOLVING CONSPIRATORIAL ACTIVITIES
12 CHARACTERISTIC OF ORGANIZED CRIME [AND] OR A SUBSTANTIAL DANGER
13 TO LIFE OR LIMB, DICTATING AUTHORIZATION FOR IMMEDIATE
14 INTERCEPTION OF WIRE, ELECTRONIC OR ORAL [COMMUNICATION]
15 COMMUNICATIONS BEFORE AN APPLICATION FOR AN ORDER COULD WITH DUE
16 DILIGENCE BE SUBMITTED TO HIM AND ACTED UPON, THE JUDGE MAY
17 GRANT ORAL APPROVAL FOR SUCH INTERCEPTION WITHOUT AN ORDER,
18 CONDITIONED UPON THE FILING WITH HIM, WITHIN 48 HOURS
19 THEREAFTER, OF AN APPLICATION FOR AN ORDER WHICH, IF GRANTED,
20 SHALL RECITE THE ORAL APPROVAL AND BE RETROACTIVE TO THE TIME OF
21 SUCH ORAL APPROVAL. SUCH INTERCEPTION SHALL IMMEDIATELY
22 TERMINATE WHEN THE COMMUNICATION SOUGHT IS OBTAINED OR WHEN THE
23 APPLICATION FOR AN ORDER IS DENIED, WHICHEVER IS EARLIER. IN THE
24 EVENT NO APPLICATION FOR AN ORDER IS MADE, THE CONTENT OF ANY
25 WIRE, ELECTRONIC OR ORAL COMMUNICATION INTERCEPTED SHALL BE
26 TREATED AS HAVING BEEN OBTAINED IN VIOLATION OF THIS CHAPTER.
27 (B) FURTHER PROCEEDINGS.--IN THE EVENT NO APPLICATION IS
28 MADE OR AN APPLICATION MADE PURSUANT TO THIS SECTION IS DENIED,
29 THE COURT SHALL CAUSE AN INVENTORY TO BE SERVED AS PROVIDED IN
30 SECTION 5716 (RELATING TO SERVICE OF INVENTORY AND INSPECTION OF
19870S0797B2443 - 31 -
1 INTERCEPTED COMMUNICATIONS) AND SHALL REQUIRE THE TAPE OR OTHER
2 RECORDING OF THE INTERCEPTED COMMUNICATION TO BE DELIVERED TO,
3 AND SEALED BY, THE COURT. SUCH EVIDENCE SHALL BE RETAINED BY THE
4 COURT IN ACCORDANCE WITH SECTION 5714 (RELATING TO RECORDING OF
5 INTERCEPTED COMMUNICATIONS) AND THE SAME SHALL NOT BE USED OR
6 DISCLOSED IN ANY LEGAL PROCEEDING EXCEPT IN A CIVIL ACTION
7 BROUGHT BY AN AGGRIEVED PERSON PURSUANT TO SECTION 5725
8 (RELATING TO CIVIL ACTION FOR UNLAWFUL INTERCEPTION, DISCLOSURE
9 OR USE OF WIRE, ELECTRONIC OR ORAL COMMUNICATION) OR AS
10 OTHERWISE AUTHORIZED BY COURT ORDER. IN ADDITION TO OTHER
11 REMEDIES AND PENALTIES PROVIDED BY THIS CHAPTER, FAILURE TO
12 EFFECT DELIVERY OF ANY SUCH TAPE OR OTHER RECORDING SHALL BE
13 PUNISHABLE AS CONTEMPT BY THE COURT DIRECTING SUCH DELIVERY.
14 EVIDENCE OF ORAL AUTHORIZATION TO INTERCEPT [AN ORAL OR WIRE
15 COMMUNICATION] WIRE, ELECTRONIC OR ORAL COMMUNICATIONS SHALL BE
16 A DEFENSE TO ANY CHARGE AGAINST THE INVESTIGATING OR LAW
17 ENFORCEMENT OFFICER FOR ENGAGING IN UNLAWFUL INTERCEPTION.
18 § 5713.1. EMERGENCY HOSTAGE AND BARRICADE SITUATIONS.
19 (A) DESIGNATION.--THE ATTORNEY GENERAL OR A DISTRICT
20 ATTORNEY MAY DESIGNATE SUPERVISING LAW ENFORCEMENT OFFICERS FOR
21 THE PURPOSE OF AUTHORIZING THE INTERCEPTION OF WIRE OR ORAL
22 COMMUNICATIONS AS PROVIDED IN THIS SECTION.
23 (B) PROCEDURE.--A SUPERVISING LAW ENFORCEMENT OFFICER WHO
24 REASONABLY DETERMINES THAT AN EMERGENCY SITUATION EXISTS THAT
25 REQUIRES A WIRE OR ORAL COMMUNICATION TO BE INTERCEPTED BEFORE
26 AN ORDER AUTHORIZING SUCH INTERCEPTION CAN, WITH DUE DILIGENCE,
27 BE OBTAINED, AND WHO DETERMINES THAT THERE ARE GROUNDS UPON
28 WHICH AN ORDER COULD BE ENTERED UNDER THIS CHAPTER TO AUTHORIZE
29 SUCH INTERCEPTION MAY INTERCEPT SUCH WIRE OR ORAL COMMUNICATION.
30 AN APPLICATION FOR AN ORDER APPROVING THE INTERCEPTION MUST BE
19870S0797B2443 - 32 -
1 MADE BY THE SUPERVISING LAW ENFORCEMENT OFFICER IN ACCORDANCE
2 WITH SECTION 5709 (RELATING TO APPLICATION FOR ORDER) WITHIN 48
3 HOURS AFTER THE INTERCEPTION HAS OCCURRED OR BEGINS TO OCCUR.
4 INTERCEPTIONS PURSUANT TO THIS SECTION SHALL BE CONDUCTED IN
5 ACCORDANCE WITH THE PROCEDURES OF THIS CHAPTER. UPON REQUEST OF
6 THE SUPERVISING LAW ENFORCEMENT OFFICER WHO DETERMINES TO
7 AUTHORIZE INTERCEPTIONS OF WIRE COMMUNICATIONS UNDER THIS
8 SECTION, A PROVIDER OF ELECTRONIC COMMUNICATION SERVICE SHALL
9 PROVIDE ASSISTANCE AND BE COMPENSATED THEREFORE AS PROVIDED IN
10 SECTION 5712(F) (RELATING TO ISSUANCE OF ORDER AND EFFECT). IN
11 THE ABSENCE OF AN ORDER SUCH INTERCEPTION SHALL IMMEDIATELY
12 TERMINATE WHEN THE SITUATION GIVING RISE TO THE HOSTAGE OR
13 BARRICADE SITUATION ENDS OR WHEN THE APPLICATION FOR THE ORDER
14 IS DENIED, WHICHEVER IS EARLIER. IN THE EVENT SUCH APPLICATION
15 FOR APPROVAL IS DENIED, OR IN ANY OTHER CASE WHERE THE
16 INTERCEPTION IS TERMINATED WITHOUT AN ORDER HAVING BEEN ISSUED,
17 THE CONTENTS OF ANY WIRE OR ORAL COMMUNICATION INTERCEPTED SHALL
18 BE TREATED AS HAVING BEEN OBTAINED IN VIOLATION OF THIS CHAPTER,
19 AND AN INVENTORY SHALL BE SERVED AS PROVIDED IN SECTION 5716
20 (RELATING TO SERVICE OF INVENTORY AND INSPECTION OF INTERCEPTED
21 COMMUNICATIONS). THEREAFTER, THE SUPERVISING LAW ENFORCEMENT
22 OFFICER SHALL FOLLOW THE PROCEDURES SET FORTH IN SECTION 5713(B)
23 (RELATING TO EMERGENCY SITUATIONS).
24 (C) DEFENSE.--A GOOD FAITH RELIANCE ON THE PROVISIONS OF
25 THIS SECTION SHALL BE A COMPLETE DEFENSE TO ANY CIVIL OR
26 CRIMINAL ACTION BROUGHT UNDER THIS CHAPTER OR ANY OTHER STATUTE
27 AGAINST ANY LAW ENFORCEMENT OFFICER OR AGENCY CONDUCTING ANY
28 INTERCEPTIONS PURSUANT TO THIS SECTION AS WELL AS A PROVIDER OF
29 ELECTRONIC COMMUNICATION SERVICE WHO IS REQUIRED TO PROVIDE
30 ASSISTANCE IN CONDUCTING SUCH INTERCEPTIONS UPON REQUEST OF A
19870S0797B2443 - 33 -
1 SUPERVISING LAW ENFORCEMENT OFFICER.
2 (D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
3 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
4 SUBSECTION:
5 "EMERGENCY SITUATION." ANY SITUATION WHERE:
6 (1) A PERSON IS HOLDING A HOSTAGE AND IS THREATENING
7 SERIOUS PHYSICAL INJURY WILL RESIST WITH THE USE OF WEAPONS;
8 OR
9 (2) A PERSON HAS BARRICADED HIMSELF AND TAKEN A POSITION
10 OF CONFINEMENT TO AVOID APPREHENSION AND:
11 (I) HAS THREATENED TO RESIST WITH THE USE OF
12 WEAPONS; OR
13 (II) IS THREATENING SUICIDE OR HARM TO OTHERS.
14 "SUPERVISING LAW ENFORCEMENT OFFICER."
15 (1) FOR DESIGNATIONS BY A DISTRICT ATTORNEY, ANY LAW
16 ENFORCEMENT OFFICER TRAINED PURSUANT TO SECTION 5724
17 (RELATING TO TRAINING) TO CARRY OUT INTERCEPTIONS UNDER THIS
18 SECTION WHO HAS ATTAINED THE RANK OF LIEUTENANT OR HIGHER IN
19 A LAW ENFORCEMENT AGENCY WITHIN THE COUNTY OR WHO IS IN
20 CHARGE OF A COUNTY LAW ENFORCEMENT AGENCY; OR
21 (2) FOR DESIGNATIONS BY THE ATTORNEY GENERAL, ANY MEMBER
22 OF THE PENNSYLVANIA STATE POLICE TRAINED PURSUANT TO SECTION
23 5724 TO CARRY OUT INTERCEPTIONS UNDER THIS SECTION AND
24 DESIGNATED BY THE COMMISSIONER OF THE PENNSYLVANIA STATE
25 POLICE WHO:
26 (I) HAS ATTAINED THE RANK OF LIEUTENANT OR HIGHER;
27 OR
28 (II) WHO IS IN CHARGE OF A PENNSYLVANIA STATE POLICE
29 BARRACKS.
30 § 5714. RECORDING OF INTERCEPTED COMMUNICATIONS.
19870S0797B2443 - 34 -
1 (A) RECORDING AND MONITORING.--ANY WIRE, ELECTRONIC OR ORAL
2 COMMUNICATION INTERCEPTED IN ACCORDANCE WITH THIS CHAPTER SHALL,
3 IF PRACTICABLE, BE RECORDED BY TAPE OR OTHER COMPARABLE METHOD.
4 THE RECORDING SHALL BE DONE IN SUCH A WAY AS WILL PROTECT IT
5 FROM EDITING OR OTHER ALTERATION. WHENEVER AN INTERCEPTION IS
6 BEING MONITORED, THE MONITOR SHALL BE AN INVESTIGATIVE OR LAW
7 ENFORCEMENT OFFICER CERTIFIED UNDER SECTION 5724 (RELATING TO
8 TRAINING), AND WHERE PRACTICABLE, KEEP A SIGNED, WRITTEN RECORD
9 WHICH SHALL INCLUDE THE FOLLOWING:
10 (1) THE DATE AND HOURS OF SURVEILLANCE.
11 (2) THE TIME AND DURATION OF EACH INTERCEPTED
12 COMMUNICATION.
13 (3) THE PARTICIPANT, IF KNOWN, IN EACH INTERCEPTED
14 CONVERSATION.
15 (4) A SUMMARY OF THE CONTENT OF EACH INTERCEPTED
16 COMMUNICATION.
17 (B) SEALING OF RECORDINGS.--IMMEDIATELY UPON THE EXPIRATION
18 OF THE ORDER OR EXTENSIONS OR RENEWALS THEREOF, ALL MONITOR'S
19 RECORDS, TAPES AND OTHER RECORDINGS SHALL BE TRANSFERRED TO THE
20 JUDGE ISSUING THE ORDER AND SEALED UNDER HIS DIRECTION. CUSTODY
21 OF THE TAPES, OR OTHER RECORDINGS SHALL BE MAINTAINED WHEREVER
22 THE COURT DIRECTS. THEY SHALL NOT BE DESTROYED EXCEPT UPON AN
23 ORDER OF THE COURT AND IN ANY EVENT SHALL BE KEPT FOR TEN YEARS.
24 DUPLICATE TAPES, OR OTHER RECORDINGS MAY BE MADE FOR DISCLOSURE
25 OR USE PURSUANT TO SECTION 5717 (RELATING TO DISCLOSURE OR USE
26 OF CONTENTS OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS OR
27 DERIVATIVE EVIDENCE). THE PRESENCE OF THE SEAL PROVIDED BY THIS
28 SECTION, OR A SATISFACTORY EXPLANATION FOR ITS ABSENCE, SHALL BE
29 A PREREQUISITE FOR THE DISCLOSURE OF THE CONTENTS OF ANY WIRE,
30 ELECTRONIC OR ORAL COMMUNICATION, OR EVIDENCE DERIVED THEREFROM,
19870S0797B2443 - 35 -
1 UNDER SECTION 5717(B).
2 § 5715. SEALING OF APPLICATIONS, ORDERS AND SUPPORTING PAPERS.
3 APPLICATIONS MADE, FINAL REPORTS, AND ORDERS GRANTED PURSUANT
4 TO THIS CHAPTER AND SUPPORTING PAPERS AND MONITOR'S RECORDS
5 SHALL BE SEALED BY THE COURT AND SHALL BE HELD IN CUSTODY AS THE
6 COURT SHALL DIRECT AND SHALL NOT BE DESTROYED EXCEPT ON ORDER OF
7 THE COURT AND IN ANY EVENT SHALL BE KEPT FOR TEN YEARS. THEY MAY
8 BE DISCLOSED ONLY UPON A SHOWING OF GOOD CAUSE BEFORE A COURT OF
9 COMPETENT JURISDICTION EXCEPT THAT ANY INVESTIGATIVE OR LAW
10 ENFORCEMENT OFFICER MAY DISCLOSE SUCH APPLICATIONS, ORDERS AND
11 SUPPORTING PAPERS AND MONITOR'S RECORDS TO INVESTIGATIVE OR LAW
12 ENFORCEMENT OFFICERS OF THIS OR ANOTHER STATE, ANY OF ITS
13 POLITICAL SUBDIVISIONS, OR OF THE UNITED STATES TO THE EXTENT
14 THAT SUCH DISCLOSURE IS APPROPRIATE TO THE PROPER PERFORMANCE OF
15 THE OFFICIAL DUTIES OF THE OFFICER MAKING OR RECEIVING THE
16 DISCLOSURE. IN ADDITION TO ANY REMEDIES AND PENALTIES PROVIDED
17 BY THIS CHAPTER, ANY VIOLATION OF THE PROVISIONS OF THIS SECTION
18 MAY BE PUNISHED AS CONTEMPT OF THE COURT.
19 § 5716. SERVICE OF INVENTORY AND INSPECTION OF INTERCEPTED
20 COMMUNICATIONS.
21 (A) SERVICE OF INVENTORY.--WITHIN A REASONABLE TIME BUT NOT
22 LATER THAN 90 DAYS AFTER THE TERMINATION OF THE PERIOD OF THE
23 ORDER OR OF EXTENSIONS OR RENEWALS THEREOF, OR THE DATE OF THE
24 DENIAL OF AN ORDER APPLIED FOR UNDER SECTION 5713 (RELATING TO
25 EMERGENCY SITUATIONS) OR 5713.1 (RELATING TO EMERGENCY HOSTAGE
26 AND BARRICADE SITUATIONS), THE ISSUING OR DENYING JUDGE SHALL
27 CAUSE TO BE SERVED ON THE PERSONS NAMED IN THE ORDER,
28 APPLICATION, OR FINAL REPORT AN INVENTORY WHICH SHALL INCLUDE
29 THE FOLLOWING:
30 (1) NOTICE OF THE ENTRY OF THE ORDER OR THE APPLICATION
19870S0797B2443 - 36 -
1 FOR AN ORDER DENIED UNDER SECTION 5713 OR 5713.1.
2 (2) THE DATE OF THE ENTRY OF THE ORDER OR THE DENIAL OF
3 AN ORDER APPLIED FOR UNDER SECTION 5713 OR 5713.1.
4 (3) THE PERIOD OF AUTHORIZED OR DISAPPROVED
5 INTERCEPTION.
6 (4) THE FACT THAT DURING THE PERIOD WIRE OR ORAL
7 COMMUNICATIONS WERE OR WERE NOT INTERCEPTED.
8 (B) POSTPONEMENT.--ON AN EX PARTE SHOWING OF GOOD CAUSE TO
9 THE ISSUING OR DENYING JUDGE THE SERVICE OF THE INVENTORY
10 REQUIRED BY THIS SECTION MAY BE POSTPONED FOR A PERIOD OF 30
11 DAYS. ADDITIONAL POSTPONEMENTS MAY BE GRANTED FOR PERIODS OF NOT
12 MORE THAN 30 DAYS ON AN EX PARTE SHOWING OF GOOD CAUSE TO THE
13 ISSUING OR DENYING JUDGE.
14 (C) INSPECTIONS.--THE COURT, UPON THE FILING OF A MOTION,
15 SHALL MAKE AVAILABLE TO SUCH PERSONS OR THEIR ATTORNEYS FOR
16 INSPECTION, THE INTERCEPTED COMMUNICATIONS AND MONITOR'S RECORDS
17 TO WHICH THE MOVANT WAS A PARTICIPANT AND THE APPLICATIONS AND
18 ORDERS.
19 § 5717. DISCLOSURE OR USE OF CONTENTS OF WIRE, ELECTRONIC OR
20 ORAL COMMUNICATIONS OR DERIVATIVE EVIDENCE.
21 (A) INVESTIGATIVE ACTIVITIES.--ANY INVESTIGATIVE OR LAW
22 ENFORCEMENT OFFICER WHO, BY ANY MEANS AUTHORIZED BY THIS
23 CHAPTER, HAS OBTAINED KNOWLEDGE OF THE CONTENTS OF ANY WIRE,
24 ELECTRONIC OR ORAL COMMUNICATION, OR EVIDENCE DERIVED THEREFROM,
25 MAY DISCLOSE SUCH CONTENTS OR EVIDENCE TO ANOTHER INVESTIGATIVE
26 OR LAW ENFORCEMENT OFFICER, INCLUDING ANOTHER INVESTIGATIVE OR
27 LAW ENFORCEMENT OFFICER OF ANOTHER STATE OR POLITICAL
28 SUBDIVISION THEREOF, OR MAKE USE OF SUCH CONTENTS OR EVIDENCE TO
29 THE EXTENT THAT SUCH DISCLOSURE OR USE IS APPROPRIATE TO THE
30 PROPER PERFORMANCE OF THE OFFICIAL DUTIES OF THE OFFICER MAKING
19870S0797B2443 - 37 -
1 OR RECEIVING THE DISCLOSURE.
2 (B) EVIDENCE.--ANY PERSON WHO, BY ANY MEANS AUTHORIZED BY
3 THIS CHAPTER, HAS OBTAINED KNOWLEDGE OF THE CONTENTS OF ANY
4 WIRE, ELECTRONIC OR ORAL COMMUNICATION, OR EVIDENCE DERIVED
5 THEREFROM, MAY DISCLOSE SUCH CONTENTS OR EVIDENCE TO AN
6 INVESTIGATIVE OR LAW ENFORCEMENT OFFICER AND MAY DISCLOSE SUCH
7 CONTENTS OR EVIDENCE WHILE GIVING TESTIMONY UNDER OATH OR
8 AFFIRMATION IN ANY CRIMINAL PROCEEDING IN ANY COURT OF THIS
9 COMMONWEALTH OR OF ANOTHER STATE OR OF THE UNITED STATES OR
10 BEFORE ANY STATE OR FEDERAL GRAND JURY OR INVESTIGATING GRAND
11 JURY.
12 (C) OTHERWISE AUTHORIZED PERSONNEL.--ANY PERSON WHO, BY ANY
13 MEANS AUTHORIZED BY THE LAWS OF ANOTHER STATE OR THE FEDERAL
14 GOVERNMENT, 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 AN INVESTIGATIVE OR
17 LAW ENFORCEMENT OFFICER AND MAY DISCLOSE SUCH CONTENTS OR
18 EVIDENCE WHERE OTHERWISE ADMISSIBLE WHILE GIVING TESTIMONY UNDER
19 OATH OR AFFIRMATION IN ANY PROCEEDING IN ANY COURT OF THIS
20 COMMONWEALTH.
21 § 5718. INTERCEPTION OF COMMUNICATIONS RELATING TO OTHER
22 OFFENSES.
23 WHEN AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER, WHILE
24 ENGAGED IN COURT AUTHORIZED INTERCEPTIONS OF WIRE, ELECTRONIC OR
25 ORAL COMMUNICATIONS IN THE MANNER AUTHORIZED HEREIN, INTERCEPTS
26 WIRE, ELECTRONIC OR ORAL COMMUNICATIONS RELATING TO OFFENSES
27 OTHER THAN THOSE SPECIFIED IN THE ORDER OF AUTHORIZATION, THE
28 CONTENTS THEREOF, AND EVIDENCE DERIVED THEREFROM, MAY BE
29 DISCLOSED OR USED AS PROVIDED IN SECTION 5717(A) (RELATING TO
30 DISCLOSURE OR USE OF CONTENTS OF WIRE, ELECTRONIC OR ORAL
19870S0797B2443 - 38 -
1 COMMUNICATIONS OR DERIVATIVE EVIDENCE). SUCH CONTENTS AND
2 EVIDENCE MAY BE DISCLOSED IN TESTIMONY UNDER OATH OR AFFIRMATION
3 IN ANY CRIMINAL PROCEEDING IN ANY COURT OF THIS COMMONWEALTH OR
4 OF ANOTHER STATE OR OF THE UNITED STATES OR BEFORE ANY STATE OR
5 FEDERAL GRAND JURY WHEN [IN ADVANCE OF SUCH DISCLOSURE AND ON
6 APPLICATION TO A COURT, THE COURT FINDS THAT THE CONTENTS WERE
7 LISTED IN THE FINAL REPORT, PURSUANT TO SECTION 5712(E)
8 (RELATING TO ISSUANCE OF ORDER AND EFFECT), AND] AUTHORIZED BY A
9 JUDGE WHO FINDS ON SUBSEQUENT APPLICATION THAT THE CONTENTS WERE
10 OTHERWISE INTERCEPTED IN ACCORDANCE WITH THE PROVISIONS OF THIS
11 CHAPTER. SUCH APPLICATION SHALL BE MADE AS SOON AS PRACTICABLE.
12 § 5719. UNLAWFUL USE OR DISCLOSURE OF EXISTENCE OF ORDER
13 CONCERNING INTERCEPTED COMMUNICATION.
14 EXCEPT AS SPECIFICALLY AUTHORIZED PURSUANT TO THIS CHAPTER
15 ANY PERSON WHO WILLFULLY USES OR DISCLOSES THE EXISTENCE OF AN
16 ORDER AUTHORIZING INTERCEPTION OF A WIRE, ELECTRONIC OR ORAL
17 COMMUNICATION IS GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE.
18 § 5720. SERVICE OF COPY OF ORDER AND APPLICATION BEFORE
19 DISCLOSURE OF INTERCEPTED COMMUNICATION IN TRIAL,
20 HEARING OR PROCEEDING.
21 THE CONTENTS OF ANY WIRE, ELECTRONIC OR ORAL COMMUNICATION
22 INTERCEPTED IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER,
23 OR EVIDENCE DERIVED THEREFROM, SHALL NOT BE DISCLOSED IN ANY
24 TRIAL, HEARING, OR OTHER ADVERSARY PROCEEDING BEFORE ANY COURT
25 OF THE COMMONWEALTH UNLESS, NOT LESS THAN TEN DAYS BEFORE THE
26 TRIAL, HEARING OR PROCEEDING THE PARTIES TO THE ACTION HAVE BEEN
27 SERVED WITH A COPY OF THE ORDER, THE ACCOMPANYING APPLICATION
28 AND THE FINAL REPORT UNDER WHICH THE INTERCEPTION WAS AUTHORIZED
29 OR, IN THE CASE OF AN INTERCEPTION UNDER SECTION 5704 (RELATING
30 TO EXCEPTIONS TO PROHIBITION [ON] OF INTERCEPTION AND DISCLOSURE
19870S0797B2443 - 39 -
1 OF COMMUNICATIONS), NOTICE OF THE FACT AND NATURE OF THE
2 INTERCEPTION. THE SERVICE OF INVENTORY, ORDER, APPLICATION, AND
3 FINAL REPORT REQUIRED BY THIS SECTION MAY BE WAIVED BY THE COURT
4 ONLY WHERE IT FINDS THAT THE SERVICE IS NOT FEASIBLE AND THAT
5 THE PARTIES WILL NOT BE PREJUDICED BY THE FAILURE TO MAKE THE
6 SERVICE.
7 § 5721. SUPPRESSION OF CONTENTS OF INTERCEPTED COMMUNICATION OR
8 DERIVATIVE EVIDENCE.
9 (A) MOTION TO SUPPRESS.--ANY AGGRIEVED PERSON IN ANY TRIAL,
10 HEARING, OR OTHER ADVERSARY PROCEEDING IN OR BEFORE ANY COURT OR
11 OTHER AUTHORITY OF THIS COMMONWEALTH MAY MOVE TO SUPPRESS THE
12 CONTENTS OF ANY INTERCEPTED WIRE, ELECTRONIC OR ORAL
13 COMMUNICATION, OR EVIDENCE DERIVED THEREFROM, ON ANY OF THE
14 FOLLOWING GROUNDS:
15 (1) THE COMMUNICATION WAS UNLAWFULLY INTERCEPTED.
16 (2) THE ORDER OF AUTHORIZATION IF REQUIRED IS
17 INSUFFICIENT ON ITS FACE.
18 (3) THE INTERCEPTION UNLESS MADE IN ACCORDANCE WITH
19 SECTION 5704 (RELATING TO EXCEPTIONS TO PROHIBITION [ON] OF
20 INTERCEPTION AND DISCLOSURE OF COMMUNICATIONS) WAS NOT MADE
21 IN CONFORMITY WITH THE ORDER OF AUTHORIZATION OR IN
22 ACCORDANCE WITH THE REQUIREMENTS OF SECTION 5712 (RELATING TO
23 ISSUANCE OF ORDER AND EFFECT).
24 (B) PROCEDURE.--THE MOTION SHALL BE MADE AT LEAST TEN DAYS
25 BEFORE THE TRIAL, HEARING, OR OTHER ADVERSARY PROCEEDING UNLESS
26 THERE WAS NO OPPORTUNITY TO MAKE THE MOTION OR THE MOVING PARTY
27 WAS NOT AWARE OF THE GROUNDS FOR THE MOTION. MOTIONS BY CO-
28 INDICTEES ARE TO BE HEARD IN A SINGLE CONSOLIDATED HEARING. THE
29 COURT, UPON THE FILING OF SUCH MOTION BY THE AGGRIEVED PERSON,
30 SHALL MAKE AVAILABLE TO THE AGGRIEVED PERSON OR HIS COUNSEL THE
19870S0797B2443 - 40 -
1 INTERCEPTED COMMUNICATION AND EVIDENCE DERIVED THEREFROM. IF THE
2 MOTION IS GRANTED, THE ENTIRE CONTENTS OF ALL INTERCEPTED WIRE,
3 ELECTRONIC OR ORAL COMMUNICATION OBTAINED DURING OR AFTER ANY
4 INTERCEPTION WHICH IS DETERMINED TO BE IN VIOLATION OF THIS
5 CHAPTER UNDER SUBSECTION (A) OR EVIDENCE DERIVED THEREFROM,
6 SHALL NOT BE RECEIVED IN EVIDENCE IN THE TRIAL, HEARING OR OTHER
7 ADVERSARY PROCEEDING.
8 (C) APPEAL.--IN ADDITION TO ANY OTHER RIGHT [TO] OF APPEAL,
9 THE COMMONWEALTH SHALL HAVE THE RIGHT TO APPEAL FROM AN ORDER
10 GRANTING A MOTION TO SUPPRESS IF THE OFFICIAL TO WHOM THE ORDER
11 AUTHORIZING THE INTERCEPT WAS GRANTED SHALL CERTIFY TO THE COURT
12 THAT THE APPEAL IS NOT TAKEN FOR PURPOSES OF DELAY. THE APPEAL
13 SHALL BE TAKEN IN ACCORDANCE WITH THE PROVISIONS OF TITLE 42
14 (JUDICIARY AND JUDICIAL PROCEDURE).
15 (D) EXCLUSIVENESS OF REMEDIES AND SANCTIONS.--THE REMEDIES
16 AND SANCTIONS DESCRIBED IN THIS SUBCHAPTER WITH RESPECT TO THE
17 INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS ARE THE
18 ONLY JUDICIAL REMEDIES AND SANCTIONS FOR NONCONSTITUTIONAL
19 VIOLATIONS OF THIS SUBCHAPTER INVOLVING SUCH COMMUNICATIONS.
20 § 5722. REPORT BY ISSUING OR DENYING JUDGE.
21 WITHIN 30 DAYS AFTER THE EXPIRATION OF AN ORDER OR AN
22 EXTENSION OR RENEWAL THEREOF ENTERED UNDER THIS CHAPTER OR THE
23 DENIAL OF AN ORDER CONFIRMING VERBAL APPROVAL OF INTERCEPTION,
24 THE ISSUING OR DENYING JUDGE SHALL MAKE A REPORT TO THE
25 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS STATING THE
26 FOLLOWING:
27 (1) THAT AN ORDER, EXTENSION OR RENEWAL WAS APPLIED FOR.
28 (2) THE KIND OF ORDER APPLIED FOR.
29 (3) THAT THE ORDER WAS GRANTED AS APPLIED FOR, WAS
30 MODIFIED, OR WAS DENIED.
19870S0797B2443 - 41 -
1 (4) THE PERIOD OF THE INTERCEPTIONS AUTHORIZED BY THE
2 ORDER, AND THE NUMBER AND DURATION OF ANY EXTENSIONS OR
3 RENEWALS OF THE ORDER.
4 (5) THE OFFENSE SPECIFIED IN THE ORDER, OR EXTENSION OR
5 RENEWAL OF AN ORDER.
6 (6) THE NAME AND OFFICIAL IDENTITY OF THE PERSON MAKING
7 THE APPLICATION AND OF THE INVESTIGATIVE OR LAW ENFORCEMENT
8 OFFICER AND AGENCY FOR WHOM IT WAS MADE.
9 (7) THE CHARACTER OF THE FACILITIES FROM WHICH OR THE
10 PLACE WHERE THE COMMUNICATIONS WERE TO BE INTERCEPTED.
11 § 5723. ANNUAL REPORTS AND RECORDS OF ATTORNEY GENERAL AND
12 DISTRICT ATTORNEYS.
13 (A) JUDGES.--IN ADDITION TO REPORTS REQUIRED TO BE MADE BY
14 APPLICANTS PURSUANT TO TITLE 18 U.S.C. § 2519, ALL JUDGES WHO
15 HAVE ISSUED ORDERS PURSUANT TO THIS TITLE SHALL MAKE ANNUAL
16 REPORTS ON THE OPERATION OF THIS CHAPTER TO THE ADMINISTRATIVE
17 OFFICE OF PENNSYLVANIA COURTS. THE REPORTS BY THE JUDGES SHALL
18 CONTAIN THE FOLLOWING INFORMATION:
19 (1) THE NUMBER OF APPLICATIONS MADE.
20 (2) THE NUMBER OF ORDERS ISSUED.
21 (3) THE EFFECTIVE PERIODS OF SUCH ORDERS.
22 (4) THE NUMBER AND DURATION OF ANY RENEWALS THEREOF.
23 (5) THE CRIMES IN CONNECTION WITH WHICH THE ORDERS WERE
24 SOUGHT.
25 (6) THE NAMES AND OFFICIAL IDENTITY OF THE APPLICANTS.
26 (7) SUCH OTHER AND FURTHER PARTICULARS AS THE
27 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS MAY REQUIRE.
28 (B) ATTORNEY GENERAL.--IN ADDITION TO REPORTS REQUIRED TO BE
29 MADE BY APPLICANTS PURSUANT TO TITLE 18 U.S.C. § 2519, THE
30 ATTORNEY GENERAL SHALL MAKE ANNUAL REPORTS ON THE OPERATION OF
19870S0797B2443 - 42 -
1 THIS CHAPTER TO THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS
2 AND TO THE JUDICIARY COMMITTEES OF THE SENATE AND HOUSE OF
3 REPRESENTATIVES. THE REPORTS BY THE ATTORNEY GENERAL SHALL
4 CONTAIN THE [FOLLOWING INFORMATION:
5 (1) THE NUMBER OF APPLICATIONS MADE.
6 (2) THE NUMBER OF ORDERS ISSUED.
7 (3) THE EFFECTIVE PERIODS OF SUCH ORDERS.
8 (4) THE NUMBER AND DURATION OF ANY RENEWALS THEREOF.
9 (5) THE CRIMES IN CONNECTION WITH WHICH THE
10 CONVERSATIONS WERE SOUGHT.
11 (6) THE NAMES AND OFFICIAL IDENTITY OF THE APPLICANTS.
12 (7) THE NUMBER OF INDICTMENTS OR INFORMATIONS RESULTING
13 FROM EACH APPLICATION.
14 (8) THE CRIME OR CRIMES WHICH EACH INDICTMENT OR
15 INFORMATION CHARGES.
16 (9) THE DISPOSITION OF EACH INDICTMENT.] SAME
17 INFORMATION WHICH MUST BE REPORTED PURSUANT TO 18 U.S.C. §
18 2519(2).
19 (C) DISTRICT ATTORNEYS.--EACH DISTRICT ATTORNEY SHALL
20 ANNUALLY PROVIDE TO THE ATTORNEY GENERAL ALL OF THE FOREGOING
21 INFORMATION WITH RESPECT TO ALL APPLICATIONS AUTHORIZED BY THAT
22 DISTRICT ATTORNEY ON FORMS PRESCRIBED BY THE ATTORNEY GENERAL.
23 (D) OTHER REPORTS.--THE CHIEF JUSTICE OF THE SUPREME COURT
24 AND THE ATTORNEY GENERAL SHALL ANNUALLY REPORT TO THE GOVERNOR
25 AND THE GENERAL ASSEMBLY ON SUCH ASPECTS OF THE OPERATION OF
26 THIS CHAPTER AS THEY DEEM APPROPRIATE AND MAKE ANY
27 RECOMMENDATIONS THEY FEEL DESIRABLE AS TO LEGISLATIVE CHANGES OR
28 IMPROVEMENTS TO EFFECTUATE THE PURPOSES OF THIS CHAPTER AND TO
29 ASSURE AND PROTECT INDIVIDUAL RIGHTS.
30 § 5724. TRAINING.
19870S0797B2443 - 43 -
1 THE ATTORNEY GENERAL AND THE COMMISSIONER OF THE PENNSYLVANIA
2 STATE POLICE SHALL ESTABLISH A COURSE OF TRAINING IN THE LEGAL
3 AND TECHNICAL ASPECTS OF WIRETAPPING AND ELECTRONIC SURVEILLANCE
4 AS ALLOWED OR PERMITTED BY THIS CHAPTER, SHALL ESTABLISH SUCH
5 REGULATIONS AS THEY FIND NECESSARY AND PROPER FOR SUCH TRAINING
6 PROGRAM AND SHALL ESTABLISH MINIMUM STANDARDS FOR CERTIFICATION
7 AND PERIODIC RECERTIFICATION OF COMMONWEALTH INVESTIGATIVE OR
8 LAW ENFORCEMENT OFFICERS AS ELIGIBLE TO CONDUCT WIRETAPPING OR
9 ELECTRONIC SURVEILLANCE UNDER THIS CHAPTER. THE PENNSYLVANIA
10 STATE POLICE SHALL CHARGE EACH INVESTIGATIVE OR LAW ENFORCEMENT
11 OFFICER WHO ENROLLS IN THIS TRAINING PROGRAM A REASONABLE
12 ENROLLMENT FEE TO OFFSET THE COSTS OF SUCH TRAINING.
13 § 5725. CIVIL ACTION FOR UNLAWFUL INTERCEPTION, DISCLOSURE OR
14 USE OF WIRE, ELECTRONIC OR ORAL COMMUNICATION.
15 (A) CAUSE OF ACTION.--ANY PERSON WHOSE WIRE, ELECTRONIC OR
16 ORAL [COMMUNICATIONS] COMMUNICATION IS INTERCEPTED, DISCLOSED OR
17 USED IN VIOLATION OF THIS CHAPTER SHALL HAVE A CIVIL CAUSE OF
18 ACTION AGAINST ANY PERSON WHO INTERCEPTS, DISCLOSES OR USES OR
19 PROCURES ANY OTHER PERSON TO INTERCEPT, DISCLOSE OR USE, SUCH
20 COMMUNICATION; AND SHALL BE ENTITLED TO RECOVER FROM ANY SUCH
21 PERSON:
22 (1) ACTUAL DAMAGES, BUT NOT LESS THAN LIQUIDATED DAMAGES
23 COMPUTED AT THE RATE OF $100 A DAY FOR EACH DAY OF VIOLATION,
24 OR $1,000, WHICHEVER IS HIGHER.
25 (2) PUNITIVE DAMAGES.
26 (3) A REASONABLE ATTORNEY'S FEE AND OTHER LITIGATION
27 COSTS REASONABLY INCURRED.
28 (B) WAIVER OF SOVEREIGN IMMUNITY.--TO THE EXTENT THAT THE
29 COMMONWEALTH AND ANY OF ITS OFFICERS, OFFICIALS OR EMPLOYEES
30 WOULD BE SHIELDED FROM LIABILITY UNDER THIS SECTION BY THE
19870S0797B2443 - 44 -
1 DOCTRINE OF SOVEREIGN IMMUNITY, SUCH IMMUNITY IS HEREBY WAIVED
2 FOR THE PURPOSES OF THIS SECTION.
3 (C) DEFENSE.--IT IS A DEFENSE TO AN ACTION BROUGHT PURSUANT
4 TO SUBSECTION (A) THAT THE ACTOR ACTED IN GOOD FAITH RELIANCE ON
5 A COURT ORDER OR THE PROVISIONS OF THIS CHAPTER.
6 SECTION 6. SECTION 5727 OF TITLE 18 IS REPEALED.
7 SECTION 7. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
8 § 5728. INJUNCTION AGAINST ILLEGAL INTERCEPTION.
9 WHENEVER IT SHALL APPEAR THAT ANY PERSON IS ENGAGED OR IS
10 ABOUT TO ENGAGE IN ANY ACT WHICH CONSTITUTES OR WILL CONSTITUTE
11 A FELONY VIOLATION OF THIS SUBCHAPTER, THE ATTORNEY GENERAL MAY
12 INITIATE A CIVIL ACTION IN THE COMMONWEALTH COURT TO ENJOIN THE
13 VIOLATION. THE COURT SHALL PROCEED AS SOON AS PRACTICABLE TO THE
14 HEARING AND DETERMINATION OF THE ACTION, AND MAY, AT ANY TIME
15 BEFORE FINAL DETERMINATION, ENTER A RESTRAINING ORDER OR
16 PROHIBITION, OR TAKE SUCH OTHER ACTION, AS IS WARRANTED TO
17 PREVENT A CONTINUING AND SUBSTANTIAL INJURY TO THE COMMONWEALTH
18 OR TO ANY PERSON OR CLASS OF PERSONS FOR WHOSE PROTECTION THE
19 ACTION IS BROUGHT. A PROCEEDING UNDER THIS SECTION IS GOVERNED
20 BY THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, EXCEPT THAT, IF A
21 CRIMINAL COMPLAINT HAS BEEN FILED AGAINST THE RESPONDENT,
22 DISCOVERY IS GOVERNED BY THE PENNSYLVANIA RULES OF CRIMINAL
23 PROCEDURE.
24 SECTION 8. TITLE 18 IS AMENDED BY ADDING SUBCHAPTERS TO
25 READ:
26 SUBCHAPTER C
27 STORED WIRE AND ELECTRONIC COMMUNICATIONS
28 AND TRANSACTIONAL RECORDS ACCESS
29 SEC.
30 5741. UNLAWFUL ACCESS TO STORED COMMUNICATIONS.
19870S0797B2443 - 45 -
1 5742. DISCLOSURE OF CONTENTS.
2 5743. REQUIREMENTS FOR GOVERNMENTAL ACCESS.
3 5744. BACKUP PRESERVATION.
4 5745. DELAYED NOTICE.
5 5746. COST REIMBURSEMENT.
6 5747. CIVIL ACTION.
7 5748. EXCLUSIVITY OF REMEDIES.
8 § 5741. UNLAWFUL ACCESS TO STORED COMMUNICATIONS.
9 (A) OFFENSE.--EXCEPT AS PROVIDED IN SUBSECTION (C), IT IS AN
10 OFFENSE TO OBTAIN, ALTER OR PREVENT AUTHORIZED ACCESS TO A WIRE
11 OR ELECTRONIC COMMUNICATION WHILE IT IS IN ELECTRONIC STORAGE BY
12 INTENTIONALLY:
13 (1) ACCESSING WITHOUT AUTHORIZATION A FACILITY THROUGH
14 WHICH AN ELECTRONIC COMMUNICATION SERVICE IS PROVIDED; OR
15 (2) EXCEEDING THE SCOPE OF ONE'S AUTHORIZATION TO ACCESS
16 THE FACILITY.
17 (B) PENALTY.--
18 (1) IF THE OFFENSE IS COMMITTED FOR THE PURPOSE OF
19 COMMERCIAL ADVANTAGE, MALICIOUS DESTRUCTION OR DAMAGE, OR
20 PRIVATE COMMERCIAL GAIN, THE OFFENDER SHALL BE SUBJECT TO:
21 (I) A FINE OF NOT MORE THAN $250,000 OR IMPRISONMENT
22 FOR NOT MORE THAN ONE YEAR, OR BOTH, IN THE CASE OF A
23 FIRST OFFENSE; OR
24 (II) A FINE OF NOT MORE THAN $250,000 OR
25 IMPRISONMENT FOR NOT MORE THAN TWO YEARS, OR BOTH, FOR
26 ANY SUBSEQUENT OFFENSE.
27 (2) IN ANY OTHER CASE THE OFFENDER SHALL BE SUBJECT TO A
28 FINE OF NOT MORE THAN $5,000 OR IMPRISONMENT FOR NOT MORE
29 THAN SIX MONTHS, OR BOTH.
30 (C) EXCEPTIONS.--SUBSECTION (A) OF THIS SECTION DOES NOT
19870S0797B2443 - 46 -
1 APPLY WITH RESPECT TO CONDUCT AUTHORIZED:
2 (1) BY THE PERSON OR ENTITY PROVIDING A WIRE OR
3 ELECTRONIC COMMUNICATION SERVICE;
4 (2) BY A USER OF THAT SERVICE WITH RESPECT TO A
5 COMMUNICATION OF, OR INTENDED FOR THAT USER; OR
6 (3) IN SECTION 5743 (RELATING TO REQUIREMENTS FOR
7 GOVERNMENTAL ACCESS) OR 5744 (RELATING TO BACKUP
8 PRESERVATION).
9 § 5742. DISCLOSURE OF CONTENTS.
10 (A) PROHIBITIONS.--EXCEPT AS PROVIDED IN SUBSECTION (B):
11 (1) A PERSON OR ENTITY PROVIDING AN ELECTRONIC
12 COMMUNICATION SERVICE TO THE PUBLIC SHALL NOT KNOWINGLY
13 DIVULGE TO ANY PERSON OR ENTITY THE CONTENTS OF A
14 COMMUNICATION WHILE IN ELECTRONIC STORAGE BY THAT SERVICE:
15 (I) ON BEHALF OF, AND RECEIVED BY MEANS OF
16 ELECTRONIC TRANSMISSION FROM, OR CREATED BY MEANS OF
17 COMPUTER PROCESSING OF COMMUNICATIONS RECEIVED BY MEANS
18 OF ELECTRONIC TRANSMISSION FROM, A SUBSCRIBER OR CUSTOMER
19 OF THE SERVICE.
20 (II) SOLELY FOR THE PURPOSE OF PROVIDING STORAGE OR
21 COMPUTER PROCESSING SERVICES TO THE SUBSCRIBER OR
22 CUSTOMER, IF THE PROVIDER IS NOT AUTHORIZED TO ACCESS THE
23 CONTENTS OF ANY SUCH COMMUNICATION FOR THE PURPOSE OF
24 PROVIDING ANY SERVICES OTHER THAN STORAGE OR COMPUTER
25 PROCESSING.
26 (2) A PERSON OR ENTITY PROVIDING REMOTE COMPUTING
27 SERVICE TO THE PUBLIC SHALL NOT KNOWINGLY DIVULGE TO ANY
28 PERSON OR ENTITY THE CONTENTS OF ANY COMMUNICATION WHICH IS
29 CARRIED OR MAINTAINED ON THAT SERVICE:
30 (I) ON BEHALF OF, AND RECEIVED BY MEANS OF
19870S0797B2443 - 47 -
1 ELECTRONIC TRANSMISSION FROM, OR CREATED BY MEANS OF
2 COMPUTER PROCESSING OF COMMUNICATIONS RECEIVED BY MEANS
3 OF ELECTRONIC TRANSMISSION FROM, A SUBSCRIBER OR CUSTOMER
4 OF THE SERVICE.
5 (II) SOLELY FOR THE PURPOSE OF PROVIDING STORAGE OR
6 COMPUTER PROCESSING SERVICES TO THE SUBSCRIBER OR
7 CUSTOMER, IF THE PROVIDER IS NOT AUTHORIZED TO ACCESS THE
8 CONTENTS OF ANY SUCH COMMUNICATION FOR THE PURPOSE OF
9 PROVIDING ANY SERVICES OTHER THAN STORAGE OR COMPUTER
10 PROCESSING.
11 (B) EXCEPTIONS.--A PERSON OR ENTITY MAY DIVULGE THE CONTENTS
12 OF A COMMUNICATION:
13 (1) TO AN ADDRESSEE OR INTENDED RECIPIENT OF THE
14 COMMUNICATION OR AN AGENT OF THE ADDRESSEE OR INTENDED
15 RECIPIENT;
16 (2) AS OTHERWISE AUTHORIZED IN SECTION 5704(1) (RELATING
17 TO PROHIBITION OF INTERCEPTION AND DISCLOSURE OF
18 COMMUNICATIONS), 5708 (RELATING TO ORDER AUTHORIZING
19 INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS) OR
20 5743 (RELATING TO GOVERNMENTAL ACCESS);
21 (3) WITH THE LAWFUL CONSENT OF THE ORIGINATOR OR AN
22 ADDRESSEE OR INTENDED RECIPIENT OF THE COMMUNICATION, OR THE
23 SUBSCRIBER IN THE CASE OF REMOTE COMPUTING SERVICE;
24 (4) TO A PERSON EMPLOYED OR AUTHORIZED OR WHOSE
25 FACILITIES ARE USED TO FORWARD THE COMMUNICATION TO ITS
26 DESTINATION;
27 (5) AS MAY BE NECESSARILY INCIDENT TO THE RENDITION OF
28 THE SERVICE OR TO THE PROTECTION OF THE RIGHTS OR PROPERTY OF
29 THE PROVIDER OF THE SERVICE; OR
30 (6) TO A LAW ENFORCEMENT AGENCY, IF THE CONTENTS:
19870S0797B2443 - 48 -
1 (I) WERE INADVERTENTLY OBTAINED BY THE SERVICE
2 PROVIDER.
3 (II) APPEAR TO PERTAIN TO THE COMMISSION OF A CRIME.
4 § 5743. REQUIREMENTS FOR GOVERNMENTAL ACCESS.
5 (A) CONTENTS OF ELECTRONIC COMMUNICATIONS IN ELECTRONIC
6 STORAGE.--INVESTIGATIVE OR LAW ENFORCEMENT OFFICERS MAY REQUIRE
7 THE DISCLOSURE BY A PROVIDER OF ELECTRONIC COMMUNICATION SERVICE
8 OF THE CONTENTS OF AN ELECTRONIC COMMUNICATION WHICH IS IN
9 ELECTRONIC STORAGE IN AN ELECTRONIC COMMUNICATION SYSTEM FOR:
10 (1) ONE HUNDRED EIGHTY DAYS OR LESS ONLY PURSUANT TO A
11 WARRANT ISSUED UNDER THE PENNSYLVANIA RULES OF CRIMINAL
12 PROCEDURE.
13 (2) MORE THAN 180 DAYS BY THE MEANS AVAILABLE UNDER
14 SUBSECTION (B).
15 (B) CONTENTS OF ELECTRONIC COMMUNICATIONS IN A REMOTE
16 COMPUTING SERVICE.--
17 (1) INVESTIGATIVE OR LAW ENFORCEMENT OFFICERS MAY
18 REQUIRE A PROVIDER OF REMOTE COMPUTING SERVICE TO DISCLOSE
19 THE CONTENTS OF ANY ELECTRONIC COMMUNICATION TO WHICH THIS
20 PARAGRAPH IS MADE APPLICABLE BY PARAGRAPH (2):
21 (I) WITHOUT REQUIRED NOTICE TO THE SUBSCRIBER OR
22 CUSTOMER IF THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER
23 OBTAINS A WARRANT ISSUED UNDER THE PENNSYLVANIA RULES OF
24 CRIMINAL PROCEDURE;
25 (II) WITH PRIOR NOTICE FROM THE INVESTIGATIVE OR LAW
26 ENFORCEMENT OFFICER TO THE SUBSCRIBER OR CUSTOMER IF THE
27 INVESTIGATIVE OR LAW ENFORCEMENT OFFICER:
28 (A) USES AN ADMINISTRATIVE SUBPOENA AUTHORIZED
29 BY A STATUTE OR A GRAND JURY SUBPOENA; OR
30 (B) OBTAINS A COURT ORDER FOR THE DISCLOSURE
19870S0797B2443 - 49 -
1 UNDER SUBSECTION (D).
2 EXCEPT THAT DELAYED NOTICE MAY BE GIVEN PURSUANT TO SECTION
3 5745 (RELATING TO DELAYED NOTICE) OF THIS CHAPTER.
4 (2) PARAGRAPH (1) IS APPLICABLE WITH RESPECT TO AN
5 ELECTRONIC COMMUNICATION WHICH IS HELD OR MAINTAINED ON THAT
6 SERVICE:
7 (I) ON BEHALF OF AND RECEIVED BY MEANS OF ELECTRONIC
8 TRANSMISSION FROM, OR CREATED BY MEANS OF COMPUTER
9 PROCESSING OF COMMUNICATIONS RECEIVED BY MEANS OF
10 ELECTRONIC TRANSMISSION FROM, A SUBSCRIBER OR CUSTOMER OF
11 THE REMOTE COMPUTING SERVICE.
12 (II) SOLELY FOR THE PURPOSE OF PROVIDING STORAGE OR
13 COMPUTER PROCESSING SERVICES TO THE SUBSCRIBER OR
14 CUSTOMER, IF THE PROVIDER IS NOT AUTHORIZED TO ACCESS THE
15 CONTENTS OF ANY SUCH COMMUNICATION FOR THE PURPOSE OF
16 PROVIDING ANY SERVICES OTHER THAN STORAGE OR COMPUTER
17 PROCESSING.
18 (C) RECORDS CONCERNING ELECTRONIC COMMUNICATION SERVICE OR
19 REMOTE COMPUTING SERVICE.--
20 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), A PROVIDER OF
21 ELECTRONIC COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE
22 MAY DISCLOSE A RECORD OR OTHER INFORMATION PERTAINING TO A
23 SUBSCRIBER TO OR CUSTOMER OF THE SERVICE, NOT INCLUDING THE
24 CONTENTS OF COMMUNICATION COVERED BY SUBSECTION (A) OR (B),
25 TO ANY PERSON OTHER THAN AN INVESTIGATIVE OR LAW ENFORCEMENT
26 OFFICER.
27 (2) A PROVIDER OF ELECTRONIC COMMUNICATION SERVICE OR
28 REMOTE COMPUTING SERVICE SHALL DISCLOSE A RECORD OR OTHER
29 INFORMATION PERTAINING TO A SUBSCRIBER TO OR CUSTOMER OF THE
30 SERVICE, NOT INCLUDING THE CONTENTS OF COMMUNICATIONS COVERED
19870S0797B2443 - 50 -
1 BY SUBSECTION (A) OR (B), TO AN INVESTIGATIVE OR LAW
2 ENFORCEMENT OFFICER ONLY WHEN THE INVESTIGATIVE OR LAW
3 ENFORCEMENT OFFICER:
4 (I) USES AN ADMINISTRATIVE SUBPOENA AUTHORIZED BY A
5 STATUTE OR A GRAND JURY SUBPOENA;
6 (II) OBTAINS A WARRANT ISSUED UNDER THE PENNSYLVANIA
7 RULES OF CRIMINAL PROCEDURE;
8 (III) OBTAINS A COURT ORDER FOR THE DISCLOSURE UNDER
9 SUBSECTION (D);
10 (IV) HAS THE CONSENT OF THE SUBSCRIBER OR CUSTOMER
11 TO THE DISCLOSURE.
12 (3) AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER
13 RECEIVING RECORDS OR INFORMATION UNDER PARAGRAPH (2) IS NOT
14 REQUIRED TO PROVIDE NOTICE TO THE CUSTOMER OR SUBSCRIBER.
15 (D) REQUIREMENTS FOR COURT ORDER.--A COURT ORDER FOR
16 DISCLOSURE UNDER SUBSECTION (B) OR (C) SHALL BE ISSUED ONLY IF
17 THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER SHOWS THAT THERE IS
18 REASON TO BELIEVE THE CONTENTS OF A WIRE OR ELECTRONIC
19 COMMUNICATION, OR THE RECORDS OR OTHER INFORMATION SOUGHT, ARE
20 RELEVANT TO A LEGITIMATE INVESTIGATIVE OR LAW ENFORCEMENT
21 INQUIRY. A COURT ISSUING AN ORDER PURSUANT TO THIS SECTION, ON A
22 MOTION MADE PROMPTLY BY THE SERVICE PROVIDER, MAY QUASH OR
23 MODIFY THE ORDER IF THE INFORMATION OR RECORDS REQUESTED ARE
24 UNUSUALLY VOLUMINOUS IN NATURE OR COMPLIANCE WITH THE ORDER
25 WOULD OTHERWISE CAUSE AN UNDUE BURDEN ON THE PROVIDER.
26 (E) NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING
27 INFORMATION UNDER THIS CHAPTER.--NO CAUSE OF ACTION SHALL LIE
28 AGAINST ANY PROVIDER OF WIRE OR ELECTRONIC COMMUNICATION
29 SERVICE, ITS OFFICERS, EMPLOYEES, AGENTS OR OTHER SPECIFIED
30 PERSONS FOR PROVIDING INFORMATION, FACILITIES OR ASSISTANCE IN
19870S0797B2443 - 51 -
1 ACCORDANCE WITH THE TERMS OF A COURT ORDER, WARRANT, SUBPOENA OR
2 CERTIFICATION UNDER THIS CHAPTER.
3 § 5744. BACKUP PRESERVATION.
4 (A) BACKUP PRESERVATION.--
5 (1) AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER ACTING
6 UNDER SECTION 5743(B)(2) (RELATING TO REQUIREMENTS FOR
7 GOVERNMENTAL ACCESS) MAY INCLUDE IN ITS SUBPOENA OR COURT
8 ORDER A REQUIREMENT THAT THE SERVICE PROVIDER TO WHOM THE
9 REQUEST IS DIRECTED CREATE A BACKUP COPY OF THE CONTENTS OF
10 THE ELECTRONIC COMMUNICATIONS SOUGHT IN ORDER TO PRESERVE
11 THOSE COMMUNICATIONS. WITHOUT NOTIFYING THE SUBSCRIBER OR
12 CUSTOMER OF THE SUBPOENA OR COURT ORDER, THE SERVICE PROVIDER
13 SHALL CREATE THE BACKUP COPY AS SOON AS PRACTICABLE,
14 CONSISTENT WITH ITS REGULAR BUSINESS PRACTICES, AND SHALL
15 CONFIRM TO THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER THAT
16 THE BACKUP COPY HAS BEEN MADE. THE BACKUP COPY SHALL BE
17 CREATED WITHIN TWO BUSINESS DAYS AFTER RECEIPT BY THE SERVICE
18 PROVIDER OF THE SUBPOENA OR COURT ORDER.
19 (2) NOTICE TO THE SUBSCRIBER OR CUSTOMER SHALL BE MADE
20 BY THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER WITHIN THREE
21 DAYS AFTER RECEIPT OF CONFIRMATION THAT THE BACKUP COPY HAS
22 BEEN MADE, UNLESS THE NOTICE IS DELAYED PURSUANT TO SECTION
23 5745(A) (RELATING TO DELAYED NOTICE).
24 (3) THE SERVICE PROVIDER SHALL NOT DESTROY OR PERMIT THE
25 DESTRUCTION OF THE BACKUP COPY UNTIL THE LATER OF:
26 (I) THE DELIVERY OF THE INFORMATION; OR
27 (II) THE RESOLUTION OF ALL PROCEEDINGS, INCLUDING
28 APPEALS OF ANY PROCEEDING, CONCERNING THE GOVERNMENT'S
29 SUBPOENA OR COURT ORDER.
30 (4) THE SERVICE PROVIDER SHALL RELEASE THE BACKUP COPY
19870S0797B2443 - 52 -
1 TO THE REQUESTING INVESTIGATIVE OR LAW ENFORCEMENT OFFICER NO
2 SOONER THAN 14 DAYS AFTER THE OFFICER'S NOTICE TO THE
3 SUBSCRIBER OR CUSTOMER IF THE SERVICE PROVIDER HAS NOT:
4 (I) RECEIVED NOTICE FROM THE SUBSCRIBER OR CUSTOMER
5 THAT THE SUBSCRIBER OR CUSTOMER HAS CHALLENGED THE
6 OFFICER'S REQUEST; AND
7 (II) INITIATED PROCEEDINGS TO CHALLENGE THE REQUEST
8 OF THE OFFICER.
9 (5) AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER MAY SEEK
10 TO REQUIRE THE CREATION OF A BACKUP COPY UNDER SUBSECTION
11 (A)(1) IF IN HIS SOLE DISCRETION THE OFFICER DETERMINES THAT
12 THERE IS REASON TO BELIEVE THAT NOTIFICATION UNDER SECTION
13 5743 (RELATING TO REQUIREMENTS FOR GOVERNMENTAL ACCESS) OF
14 THE EXISTENCE OF THE SUBPOENA OR COURT ORDER MAY RESULT IN
15 DESTRUCTION OF OR TAMPERING WITH EVIDENCE. THIS DETERMINATION
16 IS NOT SUBJECT TO CHALLENGE BY THE SUBSCRIBER, CUSTOMER OR
17 SERVICE PROVIDER.
18 (B) CUSTOMER CHALLENGES.--
19 (1) WITHIN 14 DAYS AFTER NOTICE BY THE INVESTIGATIVE OR
20 LAW ENFORCEMENT OFFICER TO THE SUBSCRIBER OR CUSTOMER UNDER
21 SUBSECTION (A)(2), THE SUBSCRIBER OR CUSTOMER MAY FILE A
22 MOTION TO QUASH THE SUBPOENA OR VACATE THE COURT ORDER,
23 COPIES TO BE SERVED UPON THE OFFICER AND WRITTEN NOTICE OF
24 THE CHALLENGE TO BE GIVEN TO THE SERVICE PROVIDER. A MOTION
25 TO VACATE A COURT ORDER SHALL BE FILED IN THE COURT WHICH
26 ISSUED THE ORDER. A MOTION TO QUASH A SUBPOENA SHALL BE FILED
27 IN THE COURT WHICH HAS AUTHORITY TO ENFORCE THE SUBPOENA. THE
28 MOTION OR APPLICATION SHALL CONTAIN AN AFFIDAVIT OR SWORN
29 STATEMENT:
30 (I) STATING THAT THE APPLICANT IS A CUSTOMER OF OR
19870S0797B2443 - 53 -
1 SUBSCRIBER TO THE SERVICE FROM WHICH THE CONTENTS OF
2 ELECTRONIC COMMUNICATIONS MAINTAINED FOR THE APPLICANT
3 HAVE BEEN SOUGHT; AND
4 (II) CONTAINING THE APPLICANT'S REASONS FOR
5 BELIEVING THAT THE RECORDS SOUGHT ARE NOT RELEVANT TO A
6 LEGITIMATE INVESTIGATIVE OR LAW ENFORCEMENT INQUIRY OR
7 THAT THERE HAS NOT BEEN SUBSTANTIAL COMPLIANCE WITH THE
8 PROVISIONS OF THIS SUBCHAPTER IN SOME OTHER RESPECT.
9 (2) SERVICE SHALL BE MADE UNDER THIS SECTION UPON THE
10 INVESTIGATIVE OR LAW ENFORCEMENT OFFICER BY DELIVERING OR
11 MAILING BY REGISTERED OR CERTIFIED MAIL A COPY OF THE PAPERS
12 TO THE PERSON, OFFICE OR DEPARTMENT SPECIFIED IN THE NOTICE
13 WHICH THE CUSTOMER HAS RECEIVED PURSUANT TO THIS CHAPTER. FOR
14 THE PURPOSES OF THIS SECTION, THE TERM "DELIVERY" HAS THE
15 MEANING GIVEN THAT TERM IN THE PENNSYLVANIA RULES OF CIVIL
16 PROCEDURE.
17 (3) IF THE COURT FINDS THAT THE CUSTOMER HAS COMPLIED
18 WITH PARAGRAPHS (1) AND (2), THE COURT SHALL ORDER THE
19 INVESTIGATIVE OR LAW ENFORCEMENT OFFICER TO FILE A SWORN
20 RESPONSE, WHICH MAY BE FILED IN CAMERA IF THE INVESTIGATIVE
21 OR LAW ENFORCEMENT OFFICER INCLUDES IN ITS RESPONSE THE
22 REASONS WHICH MAKE IN CAMERA REVIEW APPROPRIATE. IF THE COURT
23 IS UNABLE TO DETERMINE THE MOTION OR APPLICATION ON THE BASIS
24 OF THE PARTIES' INITIAL ALLEGATIONS AND RESPONSES, THE COURT
25 MAY CONDUCT SUCH ADDITIONAL PROCEEDINGS AS IT DEEMS
26 APPROPRIATE. ALL SUCH PROCEEDINGS SHALL BE COMPLETED AND THE
27 MOTION OR APPLICATION DECIDED AS SOON AS PRACTICABLE AFTER
28 THE FILING OF THE OFFICER'S RESPONSE.
29 (4) IF THE COURT FINDS THAT THE APPLICANT IS NOT THE
30 SUBSCRIBER OR CUSTOMER FOR WHOM THE COMMUNICATIONS SOUGHT BY
19870S0797B2443 - 54 -
1 THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER ARE MAINTAINED,
2 OR THAT THERE IS REASON TO BELIEVE THAT THE INVESTIGATIVE OR
3 LAW ENFORCEMENT INQUIRY IS LEGITIMATE AND THAT THE
4 COMMUNICATIONS SOUGHT ARE RELEVANT TO THAT INQUIRY, IT SHALL
5 DENY THE MOTION OR APPLICATION AND ORDER THE PROCESS
6 ENFORCED. IF THE COURT FINDS THAT THE APPLICANT IS THE
7 SUBSCRIBER OR CUSTOMER FOR WHOM THE COMMUNICATIONS SOUGHT BY
8 THE GOVERNMENTAL ENTITY ARE MAINTAINED, AND THAT THERE IS NOT
9 REASON TO BELIEVE THAT THE COMMUNICATIONS SOUGHT ARE RELEVANT
10 TO A LEGITIMATE INVESTIGATIVE OR LAW ENFORCEMENT INQUIRY, OR
11 THAT THERE HAS NOT BEEN SUBSTANTIAL COMPLIANCE WITH THE
12 PROVISIONS OF THIS CHAPTER, IT SHALL ORDER THE PROCESS
13 QUASHED.
14 (5) A COURT ORDER DENYING A MOTION OR APPLICATION UNDER
15 THIS SECTION SHALL NOT BE DEEMED A FINAL ORDER AND NO
16 INTERLOCUTORY APPEAL MAY BE TAKEN THEREFROM. THE COMMONWEALTH
17 OR INVESTIGATIVE OR LAW ENFORCEMENT OFFICER SHALL HAVE THE
18 RIGHT TO APPEAL FROM AN ORDER GRANTING A MOTION OR
19 APPLICATION UNDER THIS SECTION.
20 § 5745. DELAYED NOTICE.
21 (A) DELAY OF NOTIFICATION.--
22 (1) AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER ACTING
23 UNDER SECTION 5743(B) (RELATING TO REQUIREMENTS FOR
24 GOVERNMENTAL ACCESS) MAY:
25 (I) WHERE A COURT ORDER IS SOUGHT, INCLUDE IN THE
26 APPLICATION A REQUEST FOR AN ORDER DELAYING THE
27 NOTIFICATION REQUIRED UNDER SECTION 5743(B) FOR A PERIOD
28 NOT TO EXCEED 90 DAYS, WHICH REQUEST THE COURT SHALL
29 GRANT IF IT DETERMINES THAT THERE IS REASON TO BELIEVE
30 THAT NOTIFICATION OF THE EXISTENCE OF THE COURT ORDER MAY
19870S0797B2443 - 55 -
1 HAVE AN ADVERSE RESULT DESCRIBED IN PARAGRAPH (2); OR
2 (II) WHERE AN ADMINISTRATIVE SUBPOENA AUTHORIZED BY
3 A STATUTE OR A GRAND JURY SUBPOENA IS OBTAINED, DELAY THE
4 NOTIFICATION REQUIRED UNDER SECTION 5743(B) FOR A PERIOD
5 NOT TO EXCEED 90 DAYS UPON THE EXECUTION OF A WRITTEN
6 CERTIFICATION OF A SUPERVISORY OFFICIAL THAT THERE IS
7 REASON TO BELIEVE THAT NOTIFICATION OF THE EXISTENCE OF
8 THE SUBPOENA MAY HAVE AN ADVERSE RESULT DESCRIBED IN
9 PARAGRAPH (2).
10 (2) AN ADVERSE RESULT FOR THE PURPOSES OF PARAGRAPH (1):
11 (I) ENDANGERING THE LIFE OR PHYSICAL SAFETY OF AN
12 INDIVIDUAL;
13 (II) FLIGHT FROM PROSECUTION;
14 (III) DESTRUCTION OF OR TAMPERING WITH EVIDENCE;
15 (IV) INTIMIDATION OF POTENTIAL WITNESSES; OR
16 (V) OTHERWISE SERIOUSLY JEOPARDIZING AN
17 INVESTIGATION OR UNDULY DELAYING A TRIAL.
18 (3) THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER SHALL
19 MAINTAIN A TRUE COPY OF A CERTIFICATION UNDER PARAGRAPH
20 (1)(II).
21 (4) EXTENSIONS OF THE DELAY OF NOTIFICATION PROVIDED FOR
22 IN SECTION 5743 OF UP TO 90 DAYS EACH MAY BE GRANTED BY THE
23 COURT UPON APPLICATION, OR BY CERTIFICATION BY A SUPERVISORY
24 OFFICIAL IN THE CASE OF AN ADMINISTRATIVE OR GRAND JURY
25 SUBPOENA.
26 (5) UPON EXPIRATION OF THE PERIOD OF DELAY OF
27 NOTIFICATION UNDER PARAGRAPH (1) OR (4), THE INVESTIGATIVE OR
28 LAW ENFORCEMENT OFFICER SHALL SERVE UPON, OR DELIVER BY
29 REGISTERED OR FIRST CLASS MAIL TO, THE CUSTOMER OR SUBSCRIBER
30 A COPY OF THE PROCESS OR REQUEST TOGETHER WITH NOTICE WHICH:
19870S0797B2443 - 56 -
1 (I) STATES WITH REASONABLE SPECIFICITY THE NATURE OF
2 THE INVESTIGATIVE OR LAW ENFORCEMENT INQUIRY; AND
3 (II) INFORMS THE CUSTOMER OR SUBSCRIBER:
4 (A) THAT INFORMATION MAINTAINED FOR THE CUSTOMER
5 OR SUBSCRIBER BY THE SERVICE PROVIDER NAMED IN THE
6 PROCESS OR REQUEST WAS SUPPLIED TO OR REQUESTED BY
7 THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER AND THE
8 DATE ON WHICH THE SUPPLYING OR REQUEST TOOK PLACE;
9 (B) THAT NOTIFICATION OF THE CUSTOMER OR
10 SUBSCRIBER WAS DELAYED;
11 (C) THE IDENTITY OF THE INVESTIGATIVE OR LAW
12 ENFORCEMENT OFFICER OR THE COURT WHICH MADE THE
13 CERTIFICATION OR DETERMINATION PURSUANT TO WHICH THAT
14 DELAY WAS MADE; AND
15 (D) WHICH PROVISION OF THIS SUBCHAPTER
16 AUTHORIZES THE DELAY.
17 (6) AS USED IN THIS SUBSECTION, THE TERM "SUPERVISORY
18 OFFICIAL" MEANS THE INVESTIGATIVE AGENT OR ASSISTANT
19 INVESTIGATIVE AGENT IN CHARGE, OR AN EQUIVALENT, OF AN
20 INVESTIGATIVE OR LAW ENFORCEMENT AGENCY'S HEADQUARTERS OR
21 REGIONAL OFFICE, OR THE CHIEF PROSECUTING ATTORNEY OR THE
22 FIRST ASSISTANT PROSECUTING ATTORNEY, OR AN EQUIVALENT, OF A
23 PROSECUTING ATTORNEY'S HEADQUARTERS OR REGIONAL OFFICE.
24 (B) PRECLUSION OF NOTICE TO SUBJECT OF GOVERNMENTAL
25 ACCESS.--AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER ACTING
26 UNDER SECTION 5743, WHEN HE IS NOT REQUIRED TO NOTIFY THE
27 SUBSCRIBER OR CUSTOMER UNDER SECTION 5743(B)(1), OR TO THE
28 EXTENT THAT IT MAY DELAY SUCH NOTICE PURSUANT TO SUBSECTION (A),
29 MAY APPLY TO A COURT FOR AN ORDER COMMANDING A PROVIDER OF
30 ELECTRONIC COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE TO
19870S0797B2443 - 57 -
1 WHOM A WARRANT, SUBPOENA OR COURT ORDER IS DIRECTED, NOT TO
2 NOTIFY ANY OTHER PERSON OF THE EXISTENCE OF THE WARRANT,
3 SUBPOENA OR COURT ORDER FOR SUCH PERIOD AS THE COURT DEEMS
4 APPROPRIATE. THE COURT SHALL ENTER SUCH AN ORDER IF IT
5 DETERMINES THAT THERE IS REASON TO BELIEVE THAT NOTIFICATION OF
6 THE EXISTENCE OF THE WARRANT, SUBPOENA OR COURT ORDER WILL
7 RESULT IN:
8 (1) ENDANGERING THE LIFE OR PHYSICAL SAFETY OF AN
9 INDIVIDUAL;
10 (2) FLIGHT FROM PROSECUTION;
11 (3) DESTRUCTION OF OR TAMPERING WITH EVIDENCE;
12 (4) INTIMIDATION OF A POTENTIAL WITNESS; OR
13 (5) OTHERWISE SERIOUSLY JEOPARDIZING AN INVESTIGATION OR
14 UNDULY DELAYING A TRIAL.
15 § 5746. COST REIMBURSEMENT.
16 (A) PAYMENT.--EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
17 (C), AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER OBTAINING THE
18 CONTENTS OF COMMUNICATIONS, RECORDS OR OTHER INFORMATION UNDER
19 SECTION 5742 (RELATING TO DISCLOSURE OF CONTENTS), 5743
20 (RELATING TO REQUIREMENTS FOR GOVERNMENTAL ACCESS) OR 5744
21 (RELATING TO BACKUP PRESERVATION) SHALL REIMBURSE THE PERSON OR
22 ENTITY ASSEMBLING OR PROVIDING THE INFORMATION FOR SUCH COSTS AS
23 ARE REASONABLY NECESSARY AND WHICH HAVE BEEN DIRECTLY INCURRED
24 IN SEARCHING FOR, ASSEMBLING, REPRODUCING AND OTHERWISE
25 PROVIDING THE INFORMATION. REIMBURSABLE COSTS SHALL INCLUDE ANY
26 COSTS DUE TO NECESSARY DISRUPTION OF NORMAL OPERATIONS OF ANY
27 ELECTRONIC COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE IN
28 WHICH THE INFORMATION MAY BE STORED.
29 (B) AMOUNT.--THE AMOUNT OF THE REIMBURSEMENT PROVIDED FOR IN
30 SUBSECTION (A) SHALL BE AS MUTUALLY AGREED UPON BY THE
19870S0797B2443 - 58 -
1 INVESTIGATIVE OR LAW ENFORCEMENT OFFICER AND THE PERSON OR
2 ENTITY PROVIDING THE INFORMATION OR, IN THE ABSENCE OF
3 AGREEMENT, SHALL BE AS DETERMINED BY THE COURT WHICH ISSUED THE
4 ORDER FOR PRODUCTION OF THE INFORMATION OR THE COURT BEFORE
5 WHICH A CRIMINAL PROSECUTION RELATING TO THE INFORMATION WOULD
6 BE BROUGHT, IF NO COURT ORDER WAS ISSUED FOR PRODUCTION OF THE
7 INFORMATION.
8 (C) APPLICABILITY.--THE REQUIREMENT OF SUBSECTION (A) DOES
9 NOT APPLY WITH RESPECT TO RECORDS OR OTHER INFORMATION
10 MAINTAINED BY A COMMUNICATION COMMON CARRIER WHICH RELATES TO
11 TELEPHONE TOLL RECORDS AND TELEPHONE LISTINGS OBTAINED UNDER
12 SECTION 5743. THE COURT MAY, HOWEVER, ORDER REIMBURSEMENT AS
13 DESCRIBED IN SUBSECTION (A) IF THE COURT DETERMINES THE
14 INFORMATION REQUIRED IS UNUSUALLY VOLUMINOUS OR OTHERWISE CAUSED
15 AN UNDUE BURDEN ON THE PROVIDER.
16 § 5747. CIVIL ACTION.
17 (A) CAUSE OF ACTION.--EXCEPT AS PROVIDED IN SUBSECTION
18 5743(E) (RELATING TO REQUIREMENTS FOR GOVERNMENTAL ACCESS), ANY
19 PROVIDER OF ELECTRONIC COMMUNICATION SERVICE, SUBSCRIBER OR
20 CUSTOMER AGGRIEVED BY ANY VIOLATION OF THIS SUBCHAPTER IN WHICH
21 THE CONDUCT CONSTITUTING THE VIOLATION IS ENGAGED IN WITH A
22 KNOWING OR INTENTIONAL STATE OF MIND MAY, IN A CIVIL ACTION,
23 RECOVER FROM THE PERSON OR ENTITY WHICH ENGAGED IN THE VIOLATION
24 SUCH RELIEF AS MAY BE APPROPRIATE.
25 (B) RELIEF.--IN A CIVIL ACTION UNDER THIS SECTION,
26 APPROPRIATE RELIEF INCLUDES:
27 (1) SUCH PRELIMINARY AND OTHER EQUITABLE OR DECLARATORY
28 RELIEF AS MAY BE APPROPRIATE;
29 (2) DAMAGES UNDER SUBSECTION (C); AND
30 (3) REASONABLE ATTORNEY FEES AND OTHER LITIGATION COSTS
19870S0797B2443 - 59 -
1 REASONABLY INCURRED.
2 (C) DAMAGES.--THE COURT MAY ASSESS AS DAMAGES IN A CIVIL
3 ACTION UNDER THIS SECTION THE SUM OF THE ACTUAL DAMAGES SUFFERED
4 BY THE PLAINTIFF AND ANY PROFITS MADE BY THE VIOLATOR AS A
5 RESULT OF THE VIOLATION, BUT IN NO CASE SHALL A PERSON ENTITLED
6 TO RECOVER RECEIVE LESS THAN THE SUM OF $1,000.
7 (D) DEFENSE.--A GOOD FAITH RELIANCE ON:
8 (1) A COURT WARRANT OR ORDER, A GRAND JURY SUBPOENA, A
9 LEGISLATIVE AUTHORIZATION OR A STATUTORY AUTHORIZATION;
10 (2) A REQUEST OF AN INVESTIGATIVE OR LAW ENFORCEMENT
11 OFFICER UNDER SECTION 5713 (RELATING TO EMERGENCY
12 SITUATIONS); OR
13 (3) A GOOD FAITH DETERMINATION THAT SECTION 5704(10)
14 (RELATING TO EXCEPTIONS TO PROHIBITIONS OF INTERCEPTION AND
15 DISCLOSURE OF COMMUNICATIONS) PERMITTED THE CONDUCT
16 COMPLAINED OF;
17 IS A COMPLETE DEFENSE TO ANY CIVIL OR CRIMINAL ACTION BROUGHT
18 UNDER THIS CHAPTER OR ANY OTHER LAW.
19 (E) LIMITATION.--A CIVIL ACTION UNDER THIS SECTION MAY NOT
20 BE COMMENCED LATER THAN TWO YEARS AFTER THE DATE UPON WHICH THE
21 CLAIMANT FIRST DISCOVERED OR HAD A REASONABLE OPPORTUNITY TO
22 DISCOVER THE VIOLATION.
23 § 5748. EXCLUSIVITY OF REMEDIES.
24 THE REMEDIES AND SANCTIONS DESCRIBED IN THIS SUBCHAPTER ARE
25 THE ONLY JUDICIAL REMEDIES AND SANCTIONS FOR NONCONSTITUTIONAL
26 VIOLATIONS OF THIS SUBCHAPTER.
27 SUBCHAPTER D
28 MOBILE TRACKING DEVICES
29 SEC.
30 5761. MOBILE TRACKING DEVICES.
19870S0797B2443 - 60 -
1 § 5761. MOBILE TRACKING DEVICES.
2 (A) AUTHORITY TO ISSUE.--ORDERS FOR THE INSTALLATION AND USE
3 OF MOBILE TRACKING DEVICES MAY BE ISSUED BY A COURT OF COMMON
4 PLEAS.
5 (B) JURISDICTION.--ORDERS PERMITTED BY THIS SECTION MAY
6 AUTHORIZE THE USE OF MOBILE TRACKING DEVICES WITHIN THE
7 JURISDICTION OF THE COURT OF COMMON PLEAS, AND OUTSIDE THAT
8 JURISDICTION BUT WITHIN THE COMMONWEALTH, IF THE DEVICE IS
9 INSTALLED WITHIN THE JURISDICTION OF THE COURT OF COMMON PLEAS.
10 (C) STANDARD FOR ISSUANCE OF ORDER.--AN ORDER AUTHORIZING
11 THE USE OF ONE OR MORE MOBILE TRACKING DEVICES MAY BE ISSUED TO
12 AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER BY THE COURT OF
13 COMMON PLEAS UPON WRITTEN APPLICATION. EACH APPLICATION SHALL BE
14 BY WRITTEN AFFIDAVIT, SIGNED AND SWORN TO OR AFFIRMED BEFORE THE
15 COURT OF COMMON PLEAS. THE AFFIDAVIT SHALL:
16 (1) STATE THE NAME AND DEPARTMENT, AGENCY OR ADDRESS OF
17 THE AFFIANT;
18 (2) IDENTIFY THE VEHICLES, CONTAINERS OR ITEMS TO WHICH,
19 IN WHICH OR ON WHICH THE MOBILE TRACKING DEVICE SHALL BE
20 ATTACHED OR BE PLACED, AND THE NAMES OF THE OWNERS OR
21 POSSESSORS OF THE VEHICLES, CONTAINERS OR ITEMS;
22 (3) STATE THE JURISDICTIONAL AREA IN WHICH THE VEHICLES,
23 CONTAINERS OR ITEMS ARE EXPECTED TO BE FOUND; AND
24 (4) PROVIDE A STATEMENT SETTING FORTH ALL FACTS AND
25 CIRCUMSTANCES WHICH PROVIDE THE APPLICANT WITH A REASONABLE
26 SUSPICION THAT CRIMINAL ACTIVITY HAS BEEN, IS OR WILL BE IN
27 PROGRESS AND THAT THE USE OF A MOBILE TRACKING DEVICE WILL
28 YIELD INFORMATION RELEVANT TO THE INVESTIGATION OF THE
29 CRIMINAL ACTIVITY.
30 (D) NOTICE.--THE COURT OF COMMON PLEAS SHALL BE NOTIFIED IN
19870S0797B2443 - 61 -
1 WRITING WITHIN 72 HOURS OF THE TIME THE MOBILE TRACKING DEVICE
2 HAS BEEN ACTIVATED IN PLACE ON OR WITHIN THE VEHICLES,
3 CONTAINERS OR ITEMS.
4 (E) TERM OF AUTHORIZATION.--AUTHORIZATION BY THE COURT OF
5 COMMON PLEAS FOR THE USE OF THE MOBILE TRACKING DEVICE MAY
6 CONTINUE FOR A PERIOD OF 90 DAYS FROM THE PLACEMENT OF THE
7 DEVICE. AN EXTENSION FOR AN ADDITIONAL 90 DAYS MAY BE GRANTED
8 UPON GOOD CAUSE SHOWN.
9 (F) REMOVAL OF DEVICE.--WHEREVER PRACTICABLE, THE MOBILE
10 TRACKING DEVICE SHALL BE REMOVED AFTER THE AUTHORIZATION PERIOD
11 EXPIRES. IF REMOVAL IS NOT PRACTICABLE, MONITORING OF THE MOBILE
12 TRACKING DEVICE SHALL CEASE AT THE EXPIRATION OF THE
13 AUTHORIZATION ORDER.
14 (G) MOVEMENT OF DEVICE.--MOVEMENT OF THE TRACKING DEVICE
15 WITHIN AN AREA PROTECTED BY A REASONABLE EXPECTATION OF PRIVACY
16 SHALL NOT BE MONITORED ABSENT EXIGENT CIRCUMSTANCES OR AN ORDER
17 SUPPORTED BY PROBABLE CAUSE THAT CRIMINAL ACTIVITY HAS BEEN, IS
18 OR WILL BE IN PROGRESS IN THE PROTECTED AREA AND THAT THE USE OF
19 A MOBILE TRACKING DEVICE IN THE PROTECTED AREA WILL YIELD
20 INFORMATION RELEVANT TO THE INVESTIGATION OF THE CRIMINAL
21 ACTIVITY.
22 SUBCHAPTER E
23 PEN REGISTERS AND TRAP AND TRACE DEVICES
24 SEC.
25 5771. GENERAL PROHIBITION OF PEN REGISTER AND TRAP AND TRACE
26 DEVICE USE; EXCEPTION.
27 5772. APPLICATION FOR AN ORDER FOR PEN REGISTERS AND TRAP AND
28 TRACE DEVICES.
29 5773. ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A TRAP AND
30 TRACE DEVICE.
19870S0797B2443 - 62 -
1 5774. ASSISTANCE IN INSTALLATION AND USE OF PEN REGISTERS OR
2 TRAP AND TRACE DEVICES.
3 5775. REPORTS CONCERNING PEN REGISTERS.
4 § 5771. GENERAL PROHIBITION OF PEN REGISTER AND TRAP AND TRACE
5 DEVICE USE; EXCEPTION.
6 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN THIS SECTION, NO
7 PERSON MAY INSTALL OR USE A PEN REGISTER OR A TRAP AND TRACE
8 DEVICE WITHOUT FIRST OBTAINING A COURT ORDER UNDER SECTION 5773
9 (RELATING TO ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A TRAP
10 AND TRACE DEVICE).
11 (B) EXCEPTION.--THE PROHIBITION OF SUBSECTION (A) DOES NOT
12 APPLY WITH RESPECT TO THE USE OF A PEN REGISTER OR A TRAP AND
13 TRACE DEVICE BY A PROVIDER OF ELECTRONIC OR WIRE COMMUNICATION
14 SERVICE:
15 (1) RELATING TO THE OPERATION, MAINTENANCE AND TESTING
16 OF A WIRE OR ELECTRONIC COMMUNICATION SERVICE OR TO THE
17 PROTECTION OF THE RIGHTS OR PROPERTY OF THE PROVIDER, OR TO
18 THE PROTECTION OF USERS OF THE SERVICE FROM ABUSE OF SERVICE
19 OR UNLAWFUL USE OF SERVICE; OR
20 (2) TO RECORD THE FACT THAT A WIRE OR ELECTRONIC
21 COMMUNICATION WAS INITIATED OR COMPLETED IN ORDER TO PROTECT
22 THE PROVIDER, ANOTHER PROVIDER FURNISHING SERVICE TOWARD THE
23 COMPLETION OF THE WIRE COMMUNICATION OR A USER OF THE SERVICE
24 FROM FRAUDULENT, UNLAWFUL OR ABUSIVE USE OF SERVICE, OR WITH
25 THE CONSENT OF THE USER OF THE SERVICE.
26 (C) PENALTY.--WHOEVER INTENTIONALLY AND KNOWINGLY VIOLATES
27 SUBSECTION (A) IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.
28 § 5772. APPLICATION FOR AN ORDER FOR PEN REGISTERS AND TRAP AND
29 TRACE DEVICES.
30 (A) APPLICATION.--THE ATTORNEY GENERAL OR A DEPUTY ATTORNEY
19870S0797B2443 - 63 -
1 GENERAL DESIGNATED IN WRITING BY THE ATTORNEY GENERAL OR A
2 DISTRICT ATTORNEY OR AN ASSISTANT DISTRICT ATTORNEY DESIGNATED
3 IN WRITING BY THE DISTRICT ATTORNEY MAY MAKE APPLICATION FOR AN
4 ORDER OR AN EXTENSION OF AN ORDER UNDER SECTION 5773 (RELATING
5 TO ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE
6 DEVICE) AUTHORIZING OR APPROVING THE INSTALLATION AND USE OF A
7 PEN REGISTER OR A TRAP AND TRACE DEVICE UNDER THIS CHAPTER, IN
8 WRITING, UNDER OATH OR EQUIVALENT AFFIRMATION, TO A COURT OF
9 COMMON PLEAS.
10 (B) CONTENTS OF APPLICATION.--AN APPLICATION UNDER
11 SUBSECTION (A) SHALL INCLUDE:
12 (1) THE IDENTITY AND AUTHORITY OF THE ATTORNEY MAKING
13 THE APPLICATION AND THE IDENTITY OF THE INVESTIGATIVE OR LAW
14 ENFORCEMENT AGENCY CONDUCTING THE INVESTIGATION.
15 (2) A CERTIFICATION BY THE APPLICANT THAT THE
16 INFORMATION LIKELY TO BE OBTAINED IS RELEVANT TO AN ONGOING
17 CRIMINAL INVESTIGATION BEING CONDUCTED BY THAT AGENCY.
18 (3) AN AFFIDAVIT BY AN INVESTIGATIVE OR LAW ENFORCEMENT
19 OFFICER WHICH ESTABLISHES PROBABLE CAUSE FOR THE ISSUANCE OF
20 AN ORDER OR EXTENSION OF AN ORDER UNDER SECTION 5773.
21 § 5773. ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A TRAP AND
22 TRACE DEVICE.
23 (A) IN GENERAL.--UPON AN APPLICATION MADE UNDER SECTION 5772
24 (RELATING TO APPLICATION FOR AN ORDER FOR PEN REGISTERS AND TRAP
25 AND TRACE DEVICES), THE COURT OF COMMON PLEAS SHALL ENTER AN EX
26 PARTE ORDER AUTHORIZING THE INSTALLATION AND USE OF A PEN
27 REGISTER OR A TRAP AND TRACE DEVICE WITHIN THE JURISDICTION OF
28 THE COURT IF THE COURT FINDS THAT THERE IS PROBABLE CAUSE TO
29 BELIEVE THAT INFORMATION RELEVANT TO AN ONGOING CRIMINAL
30 INVESTIGATION WILL BE OBTAINED ON THE TELEPHONE LINE TO WHICH
19870S0797B2443 - 64 -
1 THE PEN REGISTER IS TO BE ATTACHED.
2 (B) CONTENTS OF ORDER.--AN ORDER ISSUED UNDER THIS SECTION
3 SHALL:
4 (1) SPECIFY:
5 (I) THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT
6 INFORMATION RELEVANT TO AN ONGOING CRIMINAL INVESTIGATION
7 WILL BE OBTAINED ON THE TELEPHONE LINE TO WHICH THE PEN
8 REGISTER OR TRAP AND TRACE DEVICE IS TO BE ATTACHED.
9 (II) THE IDENTITY, IF KNOWN, OF THE PERSON TO WHOM
10 IS LEASED OR IN WHOSE NAME IS LISTED THE TELEPHONE LINE
11 TO WHICH THE PEN REGISTER OR TRAP AND TRACE DEVICE IS TO
12 BE ATTACHED.
13 (III) THE IDENTITY, IF KNOWN, OF THE PERSON WHO IS
14 THE SUBJECT OF THE CRIMINAL INVESTIGATION.
15 (IV) THE NUMBER AND, IF KNOWN, THE PHYSICAL LOCATION
16 OF THE TELEPHONE LINE TO WHICH THE PEN REGISTER OR TRAP
17 AND TRACE DEVICE IS TO BE ATTACHED, AND, IN THE CASE OF A
18 TRAP AND TRACE DEVICE, THE GEOGRAPHICAL LIMITS OF THE
19 TRAP AND TRACE ORDER.
20 (V) A STATEMENT OF THE OFFENSE TO WHICH THE
21 INFORMATION LIKELY TO BE OBTAINED BY THE PEN REGISTER OR
22 TRAP AND TRACE DEVICE RELATES.
23 (2) DIRECT, UPON THE REQUEST OF THE APPLICANT, THE
24 FURNISHING OF INFORMATION, FACILITIES AND TECHNICAL
25 ASSISTANCE NECESSARY TO ACCOMPLISH THE INSTALLATION OF THE
26 PEN REGISTER UNDER SECTION 5771 (RELATING TO GENERAL
27 PROHIBITION OF PEN REGISTER AND TRAP AND TRACE DEVICE USE;
28 EXCEPTION).
29 (C) TIME PERIOD AND EXTENSIONS.--
30 (1) AN ORDER ISSUED UNDER THIS SECTION SHALL AUTHORIZE
19870S0797B2443 - 65 -
1 THE INSTALLATION AND USE OF A PEN REGISTER OR TRAP AND TRACE
2 DEVICE FOR A PERIOD NOT TO EXCEED 30 DAYS.
3 (2) EXTENSIONS OF SUCH AN ORDER MAY BE GRANTED BUT ONLY
4 UPON AN APPLICATION FOR AN ORDER UNDER SECTION 5772 AND UPON
5 THE JUDICIAL FINDING REQUIRED BY SUBSECTION (A). THE PERIOD
6 OF EACH EXTENSION SHALL BE FOR A PERIOD NOT TO EXCEED 30
7 DAYS.
8 (D) NONDISCLOSURE OF EXISTENCE OF PEN REGISTER OR TRAP AND
9 TRACE DEVICE.--AN ORDER AUTHORIZING OR APPROVING THE
10 INSTALLATION AND USE OF A PEN REGISTER OR A TRAP AND TRACE
11 DEVICE SHALL DIRECT THAT:
12 (1) THE ORDER BE SEALED UNTIL OTHERWISE ORDERED BY THE
13 COURT.
14 (2) THE PERSON OWNING OR LEASING THE LINE TO WHICH THE
15 PEN REGISTER OR A TRAP AND TRACE DEVICE IS ATTACHED, OR WHO
16 HAS BEEN ORDERED BY THE COURT TO PROVIDE ASSISTANCE TO THE
17 APPLICANT, NOT DISCLOSE THE EXISTENCE OF THE PEN REGISTER OR
18 TRAP AND TRACE DEVICE OR THE EXISTENCE OF THE INVESTIGATION
19 TO THE LISTED SUBSCRIBER, OR TO ANY OTHER PERSON, UNLESS OR
20 UNTIL OTHERWISE ORDERED BY THE COURT.
21 § 5774. ASSISTANCE IN INSTALLATION AND USE OF PEN REGISTERS OR
22 TRAP AND TRACE DEVICES.
23 (A) PEN REGISTERS.--UPON THE REQUEST OF AN APPLICANT UNDER
24 THIS SUBCHAPTER, A PROVIDER OF WIRE OR ELECTRONIC COMMUNICATION
25 SERVICE, LANDLORD, CUSTODIAN OR OTHER PERSON SHALL FORTHWITH
26 PROVIDE ALL INFORMATION, FACILITIES AND TECHNICAL ASSISTANCE
27 NECESSARY TO ACCOMPLISH THE INSTALLATION OF THE PEN REGISTER
28 UNOBTRUSIVELY AND WITH A MINIMUM OF INTERFERENCE WITH THE
29 SERVICES THAT THE PERSON SO ORDERED BY THE COURT ACCORDS THE
30 PARTY WITH RESPECT TO WHOM THE INSTALLATION AND USE IS TO TAKE
19870S0797B2443 - 66 -
1 PLACE, IF ASSISTANCE IS DIRECTED BY A COURT ORDER AS PROVIDED IN
2 SECTION 5773(B)(2) (RELATING TO ISSUANCE OF AN ORDER FOR A PEN
3 REGISTER OR A TRAP AND TRACE DEVICE).
4 (B) TRAP AND TRACE DEVICE.--UPON THE REQUEST OF AN APPLICANT
5 UNDER THIS SUBCHAPTER, A PROVIDER OF A WIRE OR ELECTRONIC
6 COMMUNICATION SERVICE, LANDLORD, CUSTODIAN OR OTHER PERSON SHALL
7 INSTALL THE DEVICE FORTHWITH ON THE APPROPRIATE LINE AND SHALL
8 FURNISH ALL ADDITIONAL INFORMATION, FACILITIES AND TECHNICAL
9 ASSISTANCE, INCLUDING INSTALLATION AND OPERATION OF THE DEVICE
10 UNOBTRUSIVELY AND WITH A MINIMUM OF INTERFERENCE WITH THE
11 SERVICES THAT THE PERSON SO ORDERED BY THE COURT ACCORDS THE
12 PARTY WITH RESPECT TO WHOM THE INSTALLATION AND USE IS TO TAKE
13 PLACE, IF INSTALLATION AND ASSISTANCE ARE DIRECTED BY A COURT
14 ORDER AS PROVIDED IN SECTION 5773. UNLESS OTHERWISE ORDERED BY
15 THE COURT, THE RESULTS OF THE TRAP AND TRACE DEVICE SHALL BE
16 FURNISHED TO THE APPLICANT DESIGNATED IN THE COURT AT REASONABLE
17 INTERVALS DURING REGULAR BUSINESS HOURS FOR THE DURATION OF THE
18 ORDER.
19 (C) COMPENSATION.--A PROVIDER OF WIRE COMMUNICATION SERVICE,
20 LANDLORD, CUSTODIAN OR OTHER PERSON WHO FURNISHES FACILITIES OR
21 TECHNICAL ASSISTANCE PURSUANT TO THIS SECTION SHALL BE
22 REASONABLY COMPENSATED FOR REASONABLE EXPENSES INCURRED IN
23 PROVIDING THE FACILITIES AND ASSISTANCE.
24 (D) NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING
25 INFORMATION UNDER THIS CHAPTER.--NO CAUSE OF ACTION SHALL LIE IN
26 ANY COURT AGAINST ANY PROVIDER OF A WIRE OR ELECTRONIC
27 COMMUNICATION SERVICE, ITS OFFICERS, EMPLOYEES, AGENTS OR OTHER
28 SPECIFIED PERSONS FOR PROVIDING INFORMATION, FACILITIES OR
29 ASSISTANCE IN ACCORDANCE WITH THE TERMS OF A COURT ORDER UNDER
30 THIS SUBCHAPTER.
19870S0797B2443 - 67 -
1 (E) DEFENSE.--A GOOD FAITH RELIANCE ON A COURT ORDER OR A
2 STATUTORY AUTHORIZATION IS A COMPLETE DEFENSE AGAINST ANY CIVIL
3 OR CRIMINAL ACTION BROUGHT UNDER THIS SUBCHAPTER OR ANY OTHER
4 LAW.
5 § 5775. REPORTS CONCERNING PEN REGISTERS.
6 (A) ATTORNEY GENERAL.--THE ATTORNEY GENERAL SHALL ANNUALLY
7 REPORT TO THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS ON
8 THE NUMBER OF ORDERS FOR PEN REGISTERS AND TRAP AND TRACE
9 DEVICES APPLIED FOR BY INVESTIGATIVE OR LAW ENFORCEMENT AGENCIES
10 OF THE COMMONWEALTH OR ITS POLITICAL SUBDIVISIONS.
11 (B) DISTRICT ATTORNEY.--EACH DISTRICT ATTORNEY SHALL
12 ANNUALLY PROVIDE TO THE ATTORNEY GENERAL INFORMATION ON THE
13 NUMBER OF ORDERS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES
14 APPLIED FOR ON FORMS PRESCRIBED BY THE ATTORNEY GENERAL.
15 SUBCHAPTER F
16 MISCELLANEOUS
17 SEC.
18 5781. EXPIRATION OF CHAPTER.
19 § 5781. EXPIRATION OF CHAPTER.
20 THIS CHAPTER EXPIRES DECEMBER 31, 1994, UNLESS EXTENDED BY
21 STATUTE.
22 SECTION 9. THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY
23 PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR
24 CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT
25 OTHER PROVISIONS OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN
26 EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION.
27 SECTION 10. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
C9L18CHF/19870S0797B2443 - 68 -