PRINTER'S NO. 1947
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1345
Session of
2022
INTRODUCED BY ROBINSON, REGAN, ARGALL, MARTIN, FONTANA, MENSCH,
J. WARD, SCHWANK, COSTA, PITTMAN AND STEFANO,
SEPTEMBER 29, 2022
REFERRED TO LAW AND JUSTICE, SEPTEMBER 29, 2022
AN ACT
Amending Titles 18 (Crimes and Offenses) and 61 (Prisons and
Parole) of the Pennsylvania Consolidated Statutes, in
wiretapping and electronic surveillance, further providing
for definitions; and, in Pennsylvania Board of Probation and
Parole, providing for exception to prohibition of
interception and disclosure of communications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "oral communication" in section
5702 of Title 18 of the Pennsylvania Consolidated Statutes is
amended to read:
§ 5702. Definitions.
As used in this chapter, the following words and phrases
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Oral communication." Any oral communication uttered by a
person possessing an expectation that such communication is not
subject to interception under circumstances justifying such
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expectation. The term does not include the following:
(1) An electronic communication.
(2) A communication made in the presence of a law
enforcement officer on official duty who is in uniform or
otherwise clearly identifiable as a law enforcement officer
and who is using an electronic, mechanical or other device
which has been approved under section 5706(b)(4) (relating to
exceptions to prohibitions in possession, sale, distribution,
manufacture or advertisement of electronic, mechanical or
other devices) to intercept the communication in the course
of law enforcement duties. As used in this paragraph only,
"law enforcement officer" means a member of the Pennsylvania
State Police, an individual employed as a police officer who
holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D
(relating to municipal police education and training), a
sheriff or a deputy sheriff[.] or an agent under 61 Pa.C.S. §
6183 (relating to exception to prohibition of interception
and disclosure of communications).
* * *
Section 2. Title 61 is amended by adding a section to read:
§ 6183. Exception to prohibition of interception and disclosure
of communications.
An agent who has received training on the use of an
electronic, mechanical or other device that has been approved
under 18 Pa.C.S. § 5706(b)(4) (relating to exceptions to
prohibitions in possession, sale, distribution, manufacture or
advertisement of electronic, mechanical or other devices) in a
course approved by the Pennsylvania State Police may wear an
electronic, mechanical or other device in the performance of
official duties.
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Section 3. This act shall take effect in 60 days.
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