PRIOR PRINTER'S NOS. 382, 1184, 1543, PRINTER'S NO. 1998
1567, 1870, 1897
No. 369 Session of 2001
INTRODUCED BY GERLACH, PUNT, BELL, WENGER, CORMAN, WAGNER,
THOMPSON, MOWERY, WOZNIAK, LOGAN AND TILGHMAN,
FEBRUARY 7, 2001
SENATE AMENDMENTS TO HOUSE AMENDMENTS, MAY 7, 2002
AN ACT
1 Amending Titles TITLE 18 (Crimes and Offenses) and 75 (Vehicles) <--
2 of 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) A law enforcement officer, whether or not certified
16 under section 5724 (relating to training), acting in the
17 performance of his official duties to intercept and record an
1 oral communication between individuals in accordance with the
2 following:
3 (i) At the time of the interception, the oral
4 communication does not occur inside the residence of any
5 of the individuals.
6 (ii) At the time of the interception, the law
7 enforcement officer:
8 (A) is operating the visual or audible warning
9 system of the law enforcement officer's vehicle
10 authorized by 75 Pa.C.S. § 4571 (relating to visual
11 and audible signals on emergency vehicles) or is
12 clearly identifiable as a law enforcement officer;
13 (B) is in close proximity to the individuals'
14 oral communication;
15 (C) is using an electronic, mechanical or other
16 device which has been approved under section
17 5706(b)(4) (relating to exceptions to prohibitions in
18 possession, sale, distribution, manufacture or
19 advertisement of electronic, mechanical or other
20 devices) to intercept the oral communication, the
21 recorder of which is mounted in the law enforcement
22 officer's vehicle; and
23 (D) informs, as soon as reasonably practicable,
24 the individuals identifiably present that he has
25 intercepted and recorded the oral communication.
26 (iii) As used in this paragraph, the following words
27 and phrases shall have the meanings given to them in this
28 subparagraph:
29 "Law enforcement officer." A member of the
30 Pennsylvania State Police or an individual employed as a
20010S0369B1998 - 2 -
1 police officer who is required to be trained HOLDS A <--
2 CURRENT CERTIFICATE under 53 Pa.C.S. Ch. 21 Subch. D
3 (relating to municipal police education and training).
4 "Recorder." An electronic, mechanical or other
5 device used to store an oral communication on tape or on
6 some other comparable medium.
7 § 5706. Exceptions to prohibitions in possession, sale,
8 distribution, manufacture or advertisement of
9 electronic, mechanical or other devices.
10 * * *
11 (b) Responsibility.--
12 (1) Except as provided under paragraph (2), the Attorney
13 General and the district attorney or their designees so
14 designated in writing shall have the sole responsibility to
15 buy, possess and loan any electronic, mechanical or other
16 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) (relating to
19 exceptions to prohibition of interception and disclosure of
20 communications), 5712 (relating to issuance of order and
21 effect), 5713 (relating to emergency situations) or 5713.1
22 (relating to emergency hostage and barricade situations).
23 (2) The division or bureau or section of the
24 Pennsylvania State Police responsible for conducting the
25 training in the technical aspects of wiretapping and
26 electronic surveillance as required by section 5724 (relating
27 to training) may buy and possess any electronic, mechanical
28 or other device which is to be used by investigative or law
29 enforcement officers for purposes of interception as
30 authorized under section 5704(2), (5) and (12), 5712, 5713 or
20010S0369B1998 - 3 -
1 5713.1 for the purpose of training. However, any electronic,
2 mechanical or other device bought or possessed under this
3 provision may be loaned to or used by investigative or law
4 enforcement officers for purposes of interception as
5 authorized under section 5704(2), (5) and (12), 5712, 5713 or
6 5713.1 only upon written approval by the Attorney General or
7 a deputy attorney general designated in writing by the
8 Attorney General, or the district attorney or an assistant
9 district attorney designated in writing by the district
10 attorney of the county wherein the interception is to be
11 made.
12 (3) With the permission of the Attorney General or a
13 district attorney who has designated any supervising law
14 enforcement officer for purposes of interceptions as
15 authorized under section 5713.1, the law enforcement agency
16 which employs the supervising law enforcement officer may
17 buy, possess, loan or borrow any electronic, mechanical or
18 other device which is to be used by investigative or law
19 enforcement officers at the direction of the supervising law
20 enforcement officer solely for the purpose of interception as
21 authorized under sections 5704(12) and 5713.1.
22 (4) The Pennsylvania State Police shall annually
23 establish equipment standards for any electronic, mechanical
24 or other device which is to be used by law enforcement
25 officers for purposes of interception as authorized under
26 section 5704(16). The equipment standards shall be published
27 annually in the Pennsylvania Bulletin.
28 Section 2. Section 4524 of Title 75 is amended by adding a <--
29 subsection to read:
30 § 4524. Windshield obstructions and wipers.
20010S0369B1998 - 4 -
1 * * *
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 3 2. This act shall take effect immediately. <--
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