1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, <-in wire tapping and electronic 
3surveillance, further providing for exceptions to prohibition
4of interception and disclosure of communications.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

<-7Section 1. Section 5704 of Title 18 of the Pennsylvania
8Consolidated Statutes is amended by adding a paragraph to read:

<-9Section 1. Section 5704(16) of Title 18 of the Pennsylvania
10Consolidated Statutes is amended and the section is amended by
11adding a paragraph to read:

12§ 5704. Exceptions to prohibition of interception and
13disclosure of communications.

14It shall not be unlawful and no prior court approval shall be
15required under this chapter for:

16* * *

<-17(16) A law enforcement officer, whether or not certified

1under section 5724 (relating to training), acting in the
2performance of his official duties to intercept and record an
3oral communication between individuals in accordance with the

5(i) At the time of the interception, the oral
6communication does not occur inside the residence <-[of any
7of the individuals<-].

8(ii) At the time of the interception, the law
9enforcement officer:

10(A) is <-[operating the visual or audible warning
11system of the law enforcement officer's vehicle
12authorized by 75 Pa.C.S. § 4571 (relating to visual
13and audible signals on emergency vehicles) or is
14clearly identifiable as a law enforcement officer<-] in 
15uniform <-or otherwise clearly identifiable as a law 
16enforcement officer;

17(B) is in close proximity to the individuals'
18oral communication;

19(C) is using an electronic, mechanical or other
20device which has been approved under section 5706(b)
21(4) (relating to exceptions to prohibitions in
22possession, sale, distribution, manufacture or
23advertisement of electronic, mechanical or other
24devices) to intercept the oral communication[, the
25recorder of which is mounted in the law enforcement
26officer's vehicle]; and

27(D) informs, as soon as reasonably practicable,
28the individuals identifiably present that he has
29intercepted and recorded the oral communication.

30(iii) As used in this paragraph, [the following

1words and phrases shall have the meanings given to them
2in this subparagraph:

3"Law enforcement officer." A] the term "law 
4enforcement officer" means a member of the Pennsylvania
5State Police or an individual employed as a police
6officer who holds a current certificate under 53 Pa.C.S. 
7Ch. 21 Subch. D (relating to municipal police education
8and training).

9["Recorder." An electronic, mechanical or other
10device used to store an oral communication on tape or on
11some other comparable medium.]

12* * *

13(18) A person to intercept oral communications for
14disciplinary or security purposes on a school bus or school
15vehicle, as those terms are defined in 75 Pa.C.S. § 102
16(relating to definitions), if all of the following conditions
17are met:

18(i) The school board has adopted a policy that
19authorizes audio interception on school buses or school
20vehicles for disciplinary or security purposes.

21(ii) Each school year, the school board notifies
22students and their parents or guardians of the policy, by
23letter mailed to the students' home addresses.

24(iii) The school board posts a notice that students
25may be audiotaped, which notice is clearly visible on
26each school bus or school vehicle that is furnished with
27audio-recording equipment.

28This paragraph shall not apply when a school bus or school
29vehicle is used for a purpose that is not school related.

30Section 2. This act shall take effect <-immediately. as


2(1) The amendment of 18 Pa.C.S. § 5704(16) shall take
3effect in 60 days.

4(2) The remainder of this act shall take effect