PRINTER'S NO. 1205
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
976
Session of
2015
INTRODUCED BY GREENLEAF, BREWSTER, TEPLITZ, BROOKS, COSTA,
RAFFERTY, ALLOWAY, TARTAGLIONE, VULAKOVICH, HUGHES AND
BROWNE, AUGUST 13, 2015
REFERRED TO JUDICIARY, AUGUST 13, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in wiretapping and electronic
surveillance, further providing for definitions and for
exceptions to prohibition of interception and disclosure of
communications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The introductory paragraph of the definition of
"crime of violence" and paragraph (3) of the definition of
"electronic, mechanical or other device" in section 5702 of
Title 18 of the Pennsylvania Consolidated Statutes are amended
and the section is amended by adding definitions to read:
ยง 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:
* * *
"Crime of violence." [Any] Subject to section 5704(19)(i)(B)
(III) (relating to exceptions to prohibition of interception and
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disclosure of communications), any of the following:
* * *
"Custodial interrogation." An interview:
(1) which occurs when an individual interviewed is in
custody; and
(2) in which a question, statement or other conduct is
reasonably likely to elicit an incriminating response from
the individual.
"Custody." A state of affairs in which an individual is:
(1) physically deprived of freedom in a significant way
while being interviewed by a law enforcement officer; or
(2) placed in a situation in which the individual
reasonably believes that his freedom of action or movement is
restricted.
* * *
"Electronic, mechanical or other device." Any device or
apparatus, including, but not limited to, an induction coil or a
telecommunication identification interception device, that can
be used to intercept a wire, electronic or oral communication
other than:
* * *
(3) Equipment or devices used to conduct interceptions
under section 5704(15) [(relating to exceptions to
prohibition of interception and disclosure of
communications)].
"Electronic recording." An audiovisual or audio recording of
a statement.
* * *
"Interview." A conversation between a law enforcement
officer and another individual which takes place in the course
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of a criminal investigation.
* * *
"Law enforcement agency." A government entity charged with
enforcement of criminal statutes or the investigation of
suspected criminal activity.
* * *
Section 2. Section 5704 of Title 18 is amended by adding a
paragraph 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:
* * *
(19) A law enforcement officer, whether or not certified
under section 5724, acting in the performance of official
duties to intercept and record an oral communication between
an individual and the law enforcement in accordance with the
following:
(i) Except as set forth in subparagraph (iv), a t the
time of the interception, all of the following apply:
(A) The oral communication occurs inside a room
which:
(I) is designated or used for interrogations
and interviews within a police facility; and
(II) has a clearly visible notice posted to
inform individuals that they may be recorded.
(B) The law enforcement officer complies with
all of the following:
(I) Is in uniform or otherwise clearly
identifiable as a law enforcement officer.
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(II) Is using an electronic, mechanical or
other device to make an electronic recording of
the the oral communication.
(III) Is interrogating or interviewing the
individual about an actual or suspected crime of
violence. As used in this subclause, the term
"crime of violence" includes an offense under
Chapter 25 (relating to criminal homicide) or 31
Subch. B (relating to definition of offenses).
(IV) Records the law enforcement officer's
warning of constitutional rights to the
individual.
(V) Records the entire exchange in an
unedited and unaltered manner between the law
enforcement officer and the individual.
(VI) Documents the interception and
recording for administrative and evidentiary
obligations in compliance with section 5749
(relating to retention of certain records).
(ii) The law enforcement officer shall explain and
document an exception under subparagraph (iv).
Documentation under this subparagraph must include all of
the following as to the interview or custodial
interrogation:
(A) Date.
(B) Time and duration.
(C) Names of participants.
(D) Summary of the content of each oral
communication.
(E) Explanation of the justification under
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subparagraph (iv).
(iii) An electronic recording under this paragraph
shall be preserved until:
(A) the applicable Federal and State limitation
of actions expires; or
(B) appellate, postconviction and habeas corpus
relief applicable to the individual are concluded or
barred by time.
(iv) Subparagraph (i) shall not apply in any of the
following circumstances:
(A) A question and response is part of the
routine processing of the individual for arrest.
(B) The individual agrees to respond to the law
enforcement officer's questions only if the
individual's statements are not electronically
recorded.
(C) The law enforcement officer acts in good
faith and inadvertently fails to operate the
recording equipment properly.
(D) Without the knowledge of the law enforcement
officer, the recording equipment malfunctions.
(E) The interview or custodial interrogation
takes place in another jurisdiction and is conducted
by officials of that jurisdiction in compliance with
the law of that jurisdiction.
(F) The law enforcement officer reasonably
believes that making the electronic recording would
jeopardize the safety of a person or the identity of
a confidential informant.
(G) The law enforcement officer reasonably
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believes that subparagraph (i)(B)(III) is not
applicable.
(H) There are exigent circumstances which
prevent or impede making the electronic recording.
Section 3. The addition of 18 Pa.C.S. ยง 5704(19) shall apply
to law enforcement actions which take place on or after the
effective date of this section.
Section 4. This act shall take effect in 60 days.
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