PRINTER'S NO. 1382
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1278
Session of
2023
INTRODUCED BY PIELLI, BRIGGS, MADDEN, DELLOSO, SANCHEZ AND
SCOTT, MAY 30, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MAY 30, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in wiretapping and electronic
surveillance, further providing for definitions and for
expiration of chapter.
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 by adding paragraphs 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
expectation. The term does not include the following:
* * *
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(3) A communication made in the presence of an agent, as
defined in 61 Pa.C.S. § 6101 (relating to definitions), who
meets all of the following:
(i) Is on official duty.
(ii) Is using an electronic, mechanical or other
device that has been approved under section 5706(b)(4) to
intercept a wire, electronic or oral communication in the
course of official duties.
(iii) Has received training on the device.
(4) A communication made in the presence of an
individual employed in the Department of Corrections, Bureau
of Investigations and Intelligence holding a police officer
commission under the act of May 21, 1943 (P.L.469, No.210),
entitled "An act p roviding for commissioning as police
officers certain employes of institutions maintained in whole
or in part by the Commonwealth; conferring upon them the
powers of constables in certain cases; and imposing duties on
wardens and keepers of jails, police stations and lock-ups, "
who meets all of the following:
(i) Is on official duty.
(ii) Is using an electronic, mechanical or other
device that has been approved under section 5706(b)(4) to
intercept a wire, electronic or oral communication in the
course of official duties.
(iii) Has received training on the device.
* * *
Section 2. Section 5781 of Title 18 is amended to read:
§ 5781. Expiration of chapter.
This chapter expires December 31, [2023] 2029, unless
extended by statute.
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Section 3. This act shall take effect as follows:
(1) The amendment of the definition of "oral
communication" in 18 Pa.C.S. § 5702 shall take effect in 60
days.
(2) The remainder of this act shall take effect
immediately.
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