HOUSE AMENDED PRIOR PRINTER'S NOS. 382, 1184, 1543, PRINTER'S NO. 1870 1567
No. 369 Session of 2001
INTRODUCED BY GERLACH, PUNT, BELL, WENGER, CORMAN, WAGNER, THOMPSON, MOWERY, WOZNIAK, LOGAN AND TILGHMAN, FEBRUARY 7, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 9, 2002
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
1 (16) A LAW ENFORCEMENT OFFICER, WHETHER OR NOT CERTIFIED <-- 2 UNDER SECTION 5724 (RELATING TO TRAINING), ACTING IN THE 3 PERFORMANCE OF HIS OFFICIAL DUTIES TO INTERCEPT AND record an 4 oral communication between individuals if, at the time of the <-- 5 interception, the oral communication occurs outside the 6 residences of any of the individuals and IN ACCORDANCE WITH <-- 7 THE FOLLOWING: 8 (I) AT THE TIME OF THE INTERCEPTION, THE ORAL 9 COMMUNICATION DOES NOT OCCUR INSIDE THE RESIDENCE OF ANY 10 OF THE INDIVIDUALS. 11 (II) AT THE TIME OF THE INTERCEPTION, the law 12 enforcement officer: 13 (A) is operating the visual or audible warning 14 system of the law enforcement officer's vehicle 15 authorized by 75 Pa.C.S. § 4571 (relating to visual 16 and audible signals on emergency vehicles) or 17 otherwise identifies himself IS OTHERWISE <-- 18 IDENTIFIABLE as a law enforcement officer; 19 (B) is in close proximity to the individuals' 20 oral communication; and 21 (C) notifies, as soon as practicable, the 22 individuals identifiably present at the location that 23 the oral communication is being or has been 24 intercepted and recorded. 25 (ii) For the purposes of this paragraph, "law <-- 26 enforcement officer" shall mean a member of the 27 Pennsylvania State Police or an individual employed as a 28 police officer who has received the certification 29 required under 53 Pa.C.S. Ch. 21 Subch. D (relating to 30 municipal police education and training). 20010S0369B1870 - 2 -
1 (III) AS USED IN THIS PARAGRAPH, THE FOLLOWING WORDS <-- 2 AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 3 SUBPARAGRAPH: 4 "LAW ENFORCEMENT OFFICER." A MEMBER OF THE 5 PENNSYLVANIA STATE POLICE OR AN INDIVIDUAL EMPLOYED AS A 6 POLICE OFFICER WHO IS REQUIRED TO BE TRAINED UNDER 53 7 PA.C.S. CH. 21 SUBCH. D (RELATING TO MUNICIPAL POLICE 8 EDUCATION AND TRAINING). 9 § 5706. Exceptions to prohibitions in possession, sale, 10 distribution, manufacture or advertisement of 11 electronic, mechanical or other devices. 12 * * * 13 (b) Responsibility.-- 14 (1) Except as provided under paragraph (2), the Attorney 15 General and the district attorney or their designees so 16 designated in writing shall have the sole responsibility to 17 buy, possess and loan any electronic, mechanical or other 18 device which is to be used by investigative or law 19 enforcement officers for purposes of interception as 20 authorized under section 5704(2), (5) and (12) (relating to 21 exceptions to prohibition of interception and disclosure of 22 communications), 5712 (relating to issuance of order and 23 effect), 5713 (relating to emergency situations) or 5713.1 24 (relating to emergency hostage and barricade situations). 25 (2) The division or bureau or section of the 26 Pennsylvania State Police responsible for conducting the 27 training in the technical aspects of wiretapping and 28 electronic surveillance as required by section 5724 (relating 29 to training) may buy and possess any electronic, mechanical 30 or other device which is to be used by investigative or law 20010S0369B1870 - 3 -
1 enforcement officers for purposes of interception as 2 authorized under section 5704(2), (5) and (12), 5712, 5713 or 3 5713.1 for the purpose of training. However, any electronic, 4 mechanical or other device bought or possessed under this 5 provision may be loaned to or used by investigative or law 6 enforcement officers for purposes of interception as 7 authorized under section 5704(2), (5) and (12), 5712, 5713 or 8 5713.1 only upon written approval by the Attorney General or 9 a deputy attorney general designated in writing by the 10 Attorney General, or the district attorney or an assistant 11 district attorney designated in writing by the district 12 attorney of the county wherein the interception is to be 13 made. 14 (3) With the permission of the Attorney General or a 15 district attorney who has designated any supervising law 16 enforcement officer for purposes of interceptions as 17 authorized under section 5713.1, the law enforcement agency 18 which employs the supervising law enforcement officer may 19 buy, possess, loan or borrow any electronic, mechanical or 20 other device which is to be used by investigative or law 21 enforcement officers at the direction of the supervising law 22 enforcement officer solely for the purpose of interception as 23 authorized under sections 5704(12) and 5713.1. 24 (4) The Pennsylvania State Police shall annually 25 establish equipment standards for any electronic, mechanical 26 or other device which is to be used by law enforcement 27 officers for purposes of interception as authorized under 28 section 5704(16). The equipment standards shall be published 29 annually in the Pennsylvania Bulletin. 30 Section 2. Section 4524 of Title 75 is amended by adding a 20010S0369B1870 - 4 -
1 subsection to read: 2 § 4524. Windshield obstructions and wipers. 3 * * * 4 (f) Exception.--This section does not apply to mobile video 5 recording equipment installed in a vehicle exclusively used for 6 official police purposes. 7 Section 3. This act shall take effect in 60 days <-- 8 IMMEDIATELY. <-- A17L18DMS/20010S0369B1870 - 5 -