SENATE AMENDED
        PRIOR PRINTER'S NOS. 248, 1381                PRINTER'S NO. 1989

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 243 Session of 1981


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

        SENATOR GEKAS, JUDICIARY, IN SENATE, AS AMENDED, JUNE 23, 1981

                                     AN ACT

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

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


     1     MANAGEMENT AGENCY OR police department, fire department[,]
     2     Pennsylvania Emergency Management Agency or county emergency   <--
     3     center, if:
     4             (i)  the telephones thereof are limited to the
     5         exclusive use of the communication system for
     6         administrative purposes and provided the communication
     7         system employs a periodic warning which indicates to the
     8         parties to the conversation that the call is being
     9         recorded;
    10             (ii)  all recordings made pursuant to this clause,
    11         all notes made therefrom, and all transcriptions thereof
    12         may be destroyed at any time, unless required with regard
    13         to a pending matter; and
    14             (iii)  at least one nonrecorded telephone line is
    15         made available for public use at THE PENNSYLVANIA          <--
    16         EMERGENCY MANAGEMENT AGENCY AND AT  each police
    17         department, fire department, Pennsylvania Emergency        <--
    18         Management Agency or county emergency center.
    19     * * *
    20         (6)  Personnel of any public utility to record telephone
    21     conversations with utility customers or the general public
    22     relating to receiving and dispatching of emergency and
    23     service calls provided there is, during such recording, a
    24     periodic warning which indicates to the parties to the
    25     conversation that the call is being recorded.
    26     Section 2.  This act shall take effect in 60 days.



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