PRINTER'S NO. 440
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
483
Session of
2015
INTRODUCED BY BREWSTER, WOZNIAK, VULAKOVICH, ALLOWAY AND COSTA,
FEBRUARY 13, 2015
REFERRED TO JUDICIARY, FEBRUARY 13, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in wiretapping and electronic
surveillance, further providing for exceptions to prohibition
of interception and disclosure of communications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5704(16)(i) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
ยง 5704. Exceptions to prohibition of interception and
disclosure of communications.
It shall not be unlawful and no prior court approval shall be
required under this chapter for:
* * *
(16) A law enforcement officer, whether or not certified
under section 5724 (relating to training), acting in the
performance of his official duties to intercept and record an
oral communication between individuals in accordance with the
following:
(i) At the time of the interception, the oral
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communication [does not occur inside the residence of any
of the individuals.] occurs when the law enforcement
officer:
(A) enters a residence or other structure based
on a reasonable belief that a criminal offense is
being committed in the residence or other structure;
(B) enters a residence or other structure under
exigent circumstances in the pursuit of an offender
based on a reasonable belief that a criminal offense
is being committed; or
(C) notifies the occupants of a residence or
other structure of the existence and operation of an
audio-visual device and the occupants consent to the
use of the audio-visual device upon entry by the law
enforcement officer into the residence or other
structure.
* * *
Section 2. This act shall take effect in 60 days.
20150SB0483PN0440 - 2 -
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