PRINTER'S NO. 2672
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1905
Session of
2019
INTRODUCED BY D. MILLER, A. DAVIS, KINSEY, HILL-EVANS,
CALTAGIRONE, FRANKEL, KIM, McCLINTON AND JOHNSON-HARRELL,
OCTOBER 15, 2019
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 15, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in actions, proceedings
and other matters generally, providing for recordings of law
enforcement officers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 67B
RECORDINGS OF LAW ENFORCEMENT OFFICERS
Sec.
67B01. Definitions.
67B02. Permissible recording.
67B03. Prohibited activities of law enforcement officers.
67B04. Agency policies.
67B05. Effect of chapter.
§ 67B01. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Law enforcement agency." An agency that employs a law
enforcement officer.
"Law enforcement officer." As follows:
(1) An individual who by virtue of the individual's
office or public employment is vested by law with a duty to
maintain public order or make arrests for offenses, whether
or not that duty extends to all offenses or is limited to
specific offenses.
(2) The term includes, but is not limited to, the
following:
(i) A full-time or part-time employee assigned to
criminal or traffic law enforcement duties of a police
department of a county, region, city, borough, town,
township or school entity.
(ii) A member of the Pennsylvania State Police.
(iii) A sheriff, deputy sheriff or constable.
(iv) An individual on active State duty under 51
Pa.C.S. § 508 (relating to active duty for emergency).
"Recording device." A device that is capable of recording
images, audio or video, or any combination thereof.
§ 67B02. Permissible recording.
(a) Conditions.--A person has a right to record a law
enforcement officer engaged in the public discharge of duties if
the person:
(1) is in a location in which the person is lawfully
permitted; and
(2) does not interfere with the official duties of the
law enforcement officer when recording.
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(b) Other permission unnecessary.-- A person recording a law
enforcement officer in accordance with subsection (a) does not
need the permission of any other person to make the recording.
§ 67B03. Prohibited activities of law enforcement officers.
(a) Interference with recording.-- A law enforcement officer
may not interfere with the lawful recording under this chapter,
which includes intentionally blocking, obstructing or
discouraging the recording through intimidation or other forms
of coercion.
(b) Arrest, detention and confiscation.--The seizure of a
recording or recording device must comply with the Constitution
of the United States and the Constitution of Pennsylvania. The
recording shall not by itself be grounds for arrest, detention
or confiscation of the recording device, and no retaliation of
any type shall be permissible for recording a law enforcement
officer in accordance with this chapter.
(c) Destruction or alteration.--Under no circumstances shall
a recording device or its recording be intentionally damaged,
altered or deleted.
§ 67B04. Agency policies.
Each law enforcement agency shall develop and promulgate
policies outlining this chapter, as well as possible
disciplinary actions, consistent with collective bargaining
procedures, for violation of this chapter.
§ 67B05. Effect of chapter.
Nothing in this chapter is intended to limit a law
enforcement officer's responsibility to maintain safety or
otherwise perform official duties in a manner consistent with
law and procedures of the law enforcement agency.
Section 2. This act shall take effect in 60 days.
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