PRINTER'S NO. 382
No. 369 Session of 2001
INTRODUCED BY GERLACH, PUNT, BELL, WENGER, CORMAN, WAGNER,
THOMPSON, MOWERY, WOZNIAK AND LOGAN, FEBRUARY 7, 2001
REFERRED TO JUDICIARY, FEBRUARY 7, 2001
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
2 the Pennsylvania Consolidated Statutes, authorizing police
3 officers to record certain oral communications; and further
4 providing for windshield obstructions and wipers.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5704 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended by adding a paragraph to read:
9 § 5704. Exceptions to prohibition of interception and
10 disclosure of communications.
11 It shall not be unlawful and no prior court approval shall be
12 required under this chapter for:
13 * * *
14 (16) (i) A law enforcement officer to intercept and
15 record an oral communication between individuals if, at
16 the time of the interception, the law enforcement
17 officer:
18 (A) is acting in the performance of his law
1 enforcement duties;
2 (B) is operating the visual or audible warning
3 system of the law enforcement officer's vehicle
4 authorized by 75 Pa.C.S. § 4571 (relating to visual
5 and audible signals on emergency vehicles) or
6 otherwise identifies himself as a law enforcement
7 officer; and
8 (C) is in proximity to the individuals to the
9 oral communication where, under the existing
10 circumstance, the individuals would have no
11 reasonable expectation of privacy.
12 (ii) Either during the oral communication or as soon
13 as practicable thereafter, the law enforcement officer
14 shall notify the individuals identifiably present at the
15 location that their oral communication is being or has
16 been intercepted and recorded.
17 (iii) For the purposes of this paragraph, "law
18 enforcement officer" shall include a member of the
19 Pennsylvania State Police or an individual employed as a
20 police officer that requires training under 53 Pa.C.S.
21 Ch. 21 Subch. D (relating to municipal police education
22 and training).
23 Section 2. Section 5706(b) of Title 18 is amended to read:
24 § 5706. Exceptions to prohibitions in possession, sale,
25 distribution, manufacture or advertisement of
26 electronic, mechanical or other devices.
27 * * *
28 (b) Responsibility.--
29 (1) Except as provided under paragraph (2), the Attorney
30 General and the district attorney or their designees so
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1 designated in writing shall have the sole responsibility to
2 buy, possess and loan any electronic, mechanical or other
3 device which is to be used by investigative or law
4 enforcement officers for purposes of interception as
5 authorized under section 5704(2), (5) [and], (12), (15) and
6 (16) (relating to exceptions to prohibition of interception
7 and disclosure of communications), 5712 (relating to issuance
8 of order and effect), 5713 (relating to emergency situations)
9 or 5713.1 (relating to emergency hostage and barricade
10 situations).
11 (2) The division or bureau or section of the
12 Pennsylvania State Police responsible for conducting the
13 training in the technical aspects of wiretapping and
14 electronic surveillance as required by section 5724 (relating
15 to training) may buy and possess any electronic, mechanical
16 or other device which is to be used by investigative or law
17 enforcement officers for purposes of interception as
18 authorized under section 5704(2), (5) [and], (12), (15) and
19 (16), 5712, 5713 or 5713.1 for the purpose of training.
20 However, any electronic, mechanical or other device bought or
21 possessed under this provision may be loaned to or used by
22 investigative or law enforcement officers for purposes of
23 interception as authorized under section 5704(2), (5) [and],
24 (12), (15) and (16), 5712, 5713 or 5713.1 only upon written
25 approval by the Attorney General or a deputy attorney general
26 designated in writing by the Attorney General, or the
27 district attorney or an assistant district attorney
28 designated in writing by the district attorney of the county
29 wherein the interception is to be made.
30 (3) With the permission of the Attorney General or a
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1 district attorney who has designated any supervising law
2 enforcement officer for purposes of interceptions as
3 authorized under section 5713.1, the law enforcement agency
4 which employs the supervising law enforcement officer may
5 buy, possess, loan or borrow any electronic, mechanical or
6 other device which is to be used by investigative or law
7 enforcement officers at the direction of the supervising law
8 enforcement officer solely for the purpose of interception as
9 authorized under sections 5704(12) and 5713.1.
10 Section 3. Section 4524 of Title 75 is amended by adding a
11 subsection to read:
12 § 4524. Windshield obstructions and wipers.
13 * * *
14 (f) Exception for video equipment in police or sheriff
15 vehicles.--This section does not prevent the installation or use
16 of video recording or projection equipment upon the windshield
17 or any window of a police or sheriff vehicle used exclusively
18 for official purposes.
19 Section 4. This act shall take effect in 60 days.
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