PRINTER'S NO. 2522
No. 1933 Session of 2001
INTRODUCED BY MAYERNIK, PERZEL, COLAFELLA, GEIST, CALTAGIRONE,
CLARK, CORNELL, CORRIGAN, CREIGHTON, D. EVANS, J. EVANS,
FEESE, FRANKEL, GABIG, GEORGE, HARHAI, HENNESSEY, HERSHEY,
LAUGHLIN, MARKOSEK, S. MILLER, PIPPY, PISTELLA, SAINATO,
SCHULER, B. SMITH, STERN, T. STEVENSON, J. TAYLOR, TRICH,
WALKO, WATERS, WATSON, WOJNAROSKI, M. WRIGHT, YOUNGBLOOD,
CAPPELLI, KAISER, CASORIO AND C. WILLIAMS, SEPTEMBER 26, 2001
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 26, 2001
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
2 the Pennsylvania Consolidated Statutes, authorizing police
3 officers to record certain oral communications; and further
4 providing for windshield obstructions and wipers.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 5704 and 5706(b) of Title 18 of the
8 Pennsylvania Consolidated Statutes are amended by adding
9 paragraphs to read:
10 § 5704. Exceptions to prohibition of interception and
11 disclosure of communications.
12 It shall not be unlawful and no prior court approval shall be
13 required under this chapter for:
14 * * *
15 (16) (i) A law enforcement officer acting in the
16 performance of his official duties to intercept and
1 record an oral communication between individuals if, at
2 the time of the interception, the oral communication
3 occurs outside the home of the individuals and the law
4 enforcement officer:
5 (A) is operating the visual or audible warning
6 system of the law enforcement officer's vehicle
7 authorized by 75 Pa.C.S. § 4571 (relating to visual
8 and audible signals on emergency vehicles) or
9 otherwise identifies himself as a law enforcement
10 officer;
11 (B) is in close proximity to the individuals'
12 oral communication; and
13 (C) notifies, as soon as practicable, the
14 individuals identifiably present at the location that
15 the oral communication is being or has been
16 intercepted and recorded.
17 (ii) For the purposes of this paragraph, "law
18 enforcement officer" shall be a member of the
19 Pennsylvania State Police or an individual employed as a
20 police officer that requires training under 53 Pa.C.S.
21 Ch. 21 Subch. D (relating to municipal police education
22 and training).
23 § 5706. Exceptions to prohibitions in possession, sale,
24 distribution, manufacture or advertisement of
25 electronic, mechanical or other devices.
26 * * *
27 (b) Responsibility.--
28 * * *
29 (4) The Pennsylvania State Police shall annually
30 establish equipment standards for any electronic, mechanical
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1 or other device which is to be used by law enforcement
2 officers for purposes of interception as authorized under
3 section 5704(16). The equipment standards shall be published
4 annually in the Pennsylvania Bulletin.
5 Section 2. Section 4524 of Title 75 is amended by adding a
6 subsection to read:
7 § 4524. Windshield obstructions and wipers.
8 * * *
9 (f) Exception.--This section does not apply to mobile video
10 recording equipment installed in a vehicle exclusively used for
11 official police purposes.
12 Section 3. This act shall take effect in 60 days.
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