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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 382, 1184, 1543,         PRINTER'S NO. 1870
        1567

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.                                                      <--















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