PRIOR PRINTER'S NO. 382 PRINTER'S NO. 1184
No. 369 Session of 2001
INTRODUCED BY GERLACH, PUNT, BELL, WENGER, CORMAN, WAGNER, THOMPSON, MOWERY, WOZNIAK, LOGAN AND TILGHMAN, FEBRUARY 7, 2001
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, JUNE 12, 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 SECTIONS 5704 AND 5706(B) of Title <-- 8 18 of the Pennsylvania Consolidated Statutes is amended by <-- 9 adding a paragraph ARE AMENDED BY ADDING PARAGRAPHS to read: <-- 10 § 5704. Exceptions to prohibition of interception and 11 disclosure of communications. 12 It shall not be unlawful and no prior court approval shall be 13 required under this chapter for: 14 * * * 15 (16) (i) A law enforcement officer ACTING IN THE <-- 16 PERFORMANCE OF HIS OFFICIAL DUTIES to intercept and 17 record an oral communication between individuals if, at 18 the time of the interception, THE ORAL COMMUNICATION <--
1 OCCURS OUTSIDE THE HOME OF THE INDIVIDUALS AND the law 2 enforcement officer: 3 (A) is acting in the performance of his law <-- 4 enforcement duties; 5 (B) (A) is operating the visual or audible <-- 6 warning system of the law enforcement officer's 7 vehicle authorized by 75 Pa.C.S. § 4571 (relating to 8 visual and audible signals on emergency vehicles) or 9 otherwise identifies himself as a law enforcement 10 officer; and <-- 11 (C) is in proximity to the individuals to the 12 oral communication where, under the existing 13 circumstance, the individuals would have no 14 reasonable expectation of privacy. 15 (ii) Either during the oral communication or as soon 16 as practicable thereafter, the law enforcement officer 17 shall notify the individuals identifiably present at the 18 (B) IS IN CLOSE PROXIMITY TO THE INDIVIDUALS' <-- 19 ORAL COMMUNICATION; AND 20 (C) NOTIFIES, AS SOON AS PRACTICABLE, THE 21 INDIVIDUALS IDENTIFIABLY PRESENT AT THE location that 22 their THE oral communication is being or has been <-- 23 intercepted and recorded. 24 (iii) (II) For the purposes of this paragraph, "law <-- 25 enforcement officer" shall include BE a member of the <-- 26 Pennsylvania State Police or an individual employed as a 27 police officer that requires training under 53 Pa.C.S. 28 Ch. 21 Subch. D (relating to municipal police education 29 and training). 30 Section 2. Section 5706(b) of Title 18 is amended to read: <-- 20010S0369B1184 - 2 -
1 § 5706. Exceptions to prohibitions in possession, sale, 2 distribution, manufacture or advertisement of 3 electronic, mechanical or other devices. 4 * * * 5 (b) Responsibility.-- 6 (1) Except as provided under paragraph (2), the Attorney 7 General and the district attorney or their designees so 8 designated in writing shall have the sole responsibility to 9 buy, possess and loan any electronic, mechanical or other 10 device which is to be used by investigative or law 11 enforcement officers for purposes of interception as 12 authorized under section 5704(2), (5) [and], (12), (15) and <-- 13 (16) AND (12) (relating to exceptions to prohibition of <-- 14 interception and disclosure of communications), 5712 15 (relating to issuance of order and effect), 5713 (relating to 16 emergency situations) or 5713.1 (relating to emergency 17 hostage and barricade situations). 18 (2) The division or bureau or section of the 19 Pennsylvania State Police responsible for conducting the 20 training in the technical aspects of wiretapping and 21 electronic surveillance as required by section 5724 (relating 22 to training) may buy and possess any electronic, mechanical 23 or other device which is to be used by investigative or law 24 enforcement officers for purposes of interception as 25 authorized under section 5704(2), (5) [and], (12), (15) and <-- 26 (16) AND (12), 5712, 5713 or 5713.1 for the purpose of <-- 27 training. However, any electronic, mechanical or other device 28 bought or possessed under this provision may be loaned to or 29 used by investigative or law enforcement officers for 30 purposes of interception as authorized under section 5704(2), 20010S0369B1184 - 3 -
1 (5) [and], (12), (15) and (16) AND (12), 5712, 5713 or 5713.1 <-- 2 only upon written approval by the Attorney General or a 3 deputy attorney general designated in writing by the Attorney 4 General, or the district attorney or an assistant district 5 attorney designated in writing by the district attorney of 6 the county wherein the interception is to be made. 7 (3) 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 10 authorized under section 5713.1, the law enforcement agency 11 which employs the supervising law enforcement officer may 12 buy, possess, loan or borrow any electronic, mechanical or 13 other device which is to be used by investigative or law 14 enforcement officers at the direction of the supervising law 15 enforcement officer solely for the purpose of interception as 16 authorized under sections 5704(12) and 5713.1. 17 (4) THE PENNSYLVANIA STATE POLICE SHALL ANNUALLY <-- 18 ESTABLISH EQUIPMENT STANDARDS FOR ANY ELECTRONIC, MECHANICAL 19 OR OTHER DEVICE WHICH IS TO BE USED BY LAW ENFORCEMENT 20 OFFICERS FOR PURPOSES OF INTERCEPTION AS AUTHORIZED UNDER 21 SECTION 5704(16). THE EQUIPMENT STANDARDS SHALL BE PUBLISHED 22 ANNUALLY IN THE PENNSYLVANIA BULLETIN. 23 Section 3 2. Section 4524 of Title 75 is amended by adding a <-- 24 subsection to read: 25 § 4524. Windshield obstructions and wipers. 26 * * * 27 (f) Exception for video equipment in police or sheriff <-- 28 vehicles.--This section does not prevent the installation or use 29 of video recording or projection equipment upon the windshield 30 or any window of a police or sheriff vehicle used exclusively 20010S0369B1184 - 4 -
1 for official purposes. 2 (F) EXCEPTION.--THIS SECTION DOES NOT APPLY TO MOBILE VIDEO <-- 3 RECORDING EQUIPMENT INSTALLED IN A VEHICLE EXCLUSIVELY USED FOR 4 OFFICIAL POLICE PURPOSES. 5 Section 4 3. This act shall take effect in 60 days. <-- A17L18DMS/20010S0369B1184 - 5 -