AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in wiretapping and electronic
3surveillance, providing for unmanned aircraft surveillance.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Chapter 57 of Title 18 of the Pennsylvania
7Consolidated Statutes is amended by adding a subchapter to read:

8SUBCHAPTER E.1

9UNMANNED AIRCRAFT SURVEILLANCE

10§ 5776. Order authorizing unmanned aircraft surveillance.

11(a) General rule.--The Attorney General, or, during the
12absence or incapacity of the Attorney General, a deputy attorney
13general designated in writing by the Attorney General or the
14district attorney or, during the absence or incapacity of the
15district attorney, an assistant district attorney designated in
16writing by the district attorney of the county wherein the
17suspected criminal activity has been, is or is about to occur,
18may make written application to any Superior Court judge for an

1order authorizing the use of an unmanned aircraft by the
2investigative or law enforcement officers or agency having
3responsibility for an investigation involving suspected criminal
4activities when such use may provide evidence of the commission
5of any of the offenses enumerated in section 5708 (relating to
6order authorizing interception of wire, electronic or oral
7communications), or may provide evidence aiding in the
8apprehension of the perpetrator or perpetrators of any of the
9offenses listed under section 5708 if the offense is dangerous
10to life, limb or property and punishable by imprisonment for
11more than one year.

12(b) Applicability of law.--The provisions of Subchapter B
13(relating to wire, electronic or oral communication) that are
14applicable to the interception of wire or electronic
15communications shall be applicable in the same manner to
16photographic evidence and other data or information obtainable
17from unmanned aircraft by a law enforcement officer under this
18subchapter.

19(c) Definitions.--As used in this section, the following
20words and phrases shall have the meanings given to them in this
21subsection unless the context clearly indicates otherwise:

22"Unmanned aircraft." An aircraft that is operated without
23the possibility of direct human intervention from within or on
24the aircraft. The term includes the equipment associated with
25such aircraft that provides communication links and the
26components that control the unmanned aircraft required for the
27pilot in command to operate such aircraft safely and efficiently
28in the national airspace system.

29Section 2. This act shall take effect in 60 days.