PRIOR PRINTER'S NOS. 382, 1184 PRINTER'S NO. 1543
No. 369 Session of 2001
INTRODUCED BY GERLACH, PUNT, BELL, WENGER, CORMAN, WAGNER,
THOMPSON, MOWERY, WOZNIAK, LOGAN AND TILGHMAN,
FEBRUARY 7, 2001
SENATOR BRIGHTBILL, RULES AND EXECUTIVE NOMINATIONS, RE-REPORTED
AS AMENDED, NOVEMBER 19, 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. Sections 5704 and 5706(b) of Title 18 of the
8 Pennsylvania Consolidated Statutes are amended by adding
9 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
1 the time of the interception, the oral communication
2 occurs outside the home of HOMES OF ANY OF the <--
3 individuals and the law enforcement officer:
4 (A) is operating the visual or audible warning
5 system of the law enforcement officer's vehicle
6 authorized by 75 Pa.C.S. § 4571 (relating to visual
7 and audible signals on emergency vehicles) or
8 otherwise identifies himself as a law enforcement
9 officer;
10 (B) is in close proximity to the individuals'
11 oral communication; and
12 (C) notifies, as soon as practicable, the
13 individuals identifiably present at the location that
14 the oral communication is being or has been
15 intercepted and recorded.
16 (ii) For the purposes of this paragraph, "law
17 enforcement officer" shall be MEAN a member of the <--
18 Pennsylvania State Police or an individual employed as a
19 police officer that requires training WHO HAS RECEIVED <--
20 THE CERTIFICATION REQUIRED under 53 Pa.C.S. Ch. 21 Subch.
21 D (relating to municipal police education and training).
22 § 5706. Exceptions to prohibitions in possession, sale,
23 distribution, manufacture or advertisement of
24 electronic, mechanical or other devices.
25 * * *
26 (b) Responsibility.--
27 (1) Except as provided under paragraph (2), the Attorney
28 General and the district attorney or their designees so
29 designated in writing shall have the sole responsibility to
30 buy, possess and loan any electronic, mechanical or other
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1 device which is to be used by investigative or law
2 enforcement officers for purposes of interception as
3 authorized under section 5704(2), (5) and (12) (relating to
4 exceptions to prohibition of interception and disclosure of
5 communications), 5712 (relating to issuance of order and
6 effect), 5713 (relating to emergency situations) or 5713.1
7 (relating to emergency hostage and barricade situations).
8 (2) The division or bureau or section of the
9 Pennsylvania State Police responsible for conducting the
10 training in the technical aspects of wiretapping and
11 electronic surveillance as required by section 5724 (relating
12 to training) may buy and possess any electronic, mechanical
13 or other device which is to be used by investigative or law
14 enforcement officers for purposes of interception as
15 authorized under section 5704(2), (5) and (12), 5712, 5713 or
16 5713.1 for the purpose of training. However, any electronic,
17 mechanical or other device bought or possessed under this
18 provision may be loaned to or used by investigative or law
19 enforcement officers for purposes of interception as
20 authorized under section 5704(2), (5) and (12), 5712, 5713 or
21 5713.1 only upon written approval by the Attorney General or
22 a deputy attorney general designated in writing by the
23 Attorney General, or the district attorney or an assistant
24 district attorney designated in writing by the district
25 attorney of the county wherein the interception is to be
26 made.
27 (3) With the permission of the Attorney General or a
28 district attorney who has designated any supervising law
29 enforcement officer for purposes of interceptions as
30 authorized under section 5713.1, the law enforcement agency
20010S0369B1543 - 3 -
1 which employs the supervising law enforcement officer may
2 buy, possess, loan or borrow any electronic, mechanical or
3 other device which is to be used by investigative or law
4 enforcement officers at the direction of the supervising law
5 enforcement officer solely for the purpose of interception as
6 authorized under sections 5704(12) and 5713.1.
7 (4) The Pennsylvania State Police shall annually
8 establish equipment standards for any electronic, mechanical
9 or other device which is to be used by law enforcement
10 officers for purposes of interception as authorized under
11 section 5704(16). The equipment standards shall be published
12 annually in the Pennsylvania Bulletin.
13 Section 2. Section 4524 of Title 75 is amended by adding a
14 subsection to read:
15 § 4524. Windshield obstructions and wipers.
16 * * *
17 (f) Exception.--This section does not apply to mobile video
18 recording equipment installed in a vehicle exclusively used for
19 official police purposes.
20 Section 3. This act shall take effect in 60 days.
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