THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARSICO, TURZAI, BAKER, BEYER, BOYD, CALTAGIRONE, CAUSER, CIVERA, CLYMER, CREIGHTON, DALLY, ELLIS, FLECK, GEIST, GIBBONS, GINGRICH, GRELL, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, KAUFFMAN, M. KELLER, MENSCH, MILLER, MURT, O'NEILL, PETRI, PICKETT, REICHLEY, ROCK, SAYLOR, SCAVELLO, STERN, VEREB AND VULAKOVICH, JANUARY 26, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, providing for applicability to

providers outside this Commonwealth; and further providing

for investigative disclosure or use of contents of wire,

electronic or oral communications or derivative evidence, for

requirements for governmental access and for issuance of an

order for use of certain devices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

Section 5701.1.  Applicability to providers outside this

Commonwealth.

This chapter shall apply to providers of an electronic or

wire communication service located outside this Commonwealth if

they are engaged in transacting any business in this

Commonwealth as determined under 42 Pa.C.S. § 5322(a)(1)

(relating to bases of personal jurisdiction over persons outside

this Commonwealth).

Section 2.  Section 5717 of Title 18 is amended by adding a

subsection to read:

§ 5717.  Investigative disclosure or use of contents of wire,

electronic or oral communications or derivative

evidence.

* * *

(c)  Otherwise authorized personnel.--

(1)  Except as provided under paragraph (2), any

investigative or law enforcement officer who, by any means

authorized by the laws of the Federal Government or another

state, has obtained knowledge of the contents of any wire,

electronic or oral communication, or evidence derived

therefrom, may disclose the contents or evidence to an

investigative or law enforcement officer and may disclose the

contents or evidence if otherwise admissible while giving

testimony under oath or affirmation in any proceeding in any

court of this Commonwealth.

(2)  The contents of a nonconsensual interception

authorized by the laws of the Federal Government or another

state shall not be admissible unless the interception was

authorized by a court upon a finding of probable cause that

the target of the surveillance is engaged or will engage in a

violation of the criminal laws of the Federal Government or

any state.

Section 3.  Sections 5743(d) and 5773(c) of Title 18 are

amended to read:

§ 5743.  Requirements for governmental access.

* * *

(d)  Requirements for court order.--A court order for

disclosure under subsection (b) or (c) shall be issued only if

the investigative or law enforcement officer shows that there

are specific and articulable facts showing that there are

reasonable grounds to believe that the contents of a wire or

electronic communication, or the records or other information

sought, are relevant and material to an ongoing criminal

investigation. A court issuing an order pursuant to this

section, on a motion made promptly by the service provider, may

quash or modify the order if the information or records

requested are unusually voluminous in nature or compliance with

the order would otherwise cause an undue burden on the provider.

An order issued under this subsection shall be sealed until

otherwise ordered by the court.

* * *

§ 5773.  Issuance of an order for use of certain devices.

* * *

(c)  Time period and extensions.--

(1)  An order issued under this section shall authorize

the installation and use of a pen register, trap and trace

device or a telecommunication identification interception

device for a period not to exceed [30] 60 days.

(2)  Extensions of such an order may be granted but only

upon an application for an order under section 5772 and upon

the judicial finding required by subsection (a). The period

of each extension shall be for a period not to exceed [30] 60 

days.

* * *

Section 4.  This act shall take effect in 60 days.