THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY COHEN, CALTAGIRONE, GEIST, OLIVER, BRENNAN, BROWN, GRUCELA, HALUSKA, KIRKLAND, KORTZ, LONGIETTI, McGEEHAN, M. O'BRIEN, PALLONE, PASHINSKI, READSHAW, SIPTROTH, STABACK, WATERS AND YOUNGBLOOD, FEBRUARY 3, 2009

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for exceptions to

prohibition of interception and disclosure of communications;

and defining the offense of video or audio monitoring.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5704(4) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 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:

* * *

(4)  A person, to intercept a wire, electronic or oral

communication, where all parties to the communication have

given prior consent to such interception. In an employment

situation, consent of all parties is established only if the

employer provides clear and conspicuous notice to its

employees, in a manner reasonably calculated to provide

actual notice, describing:

(i)  The form of communication or computer usage that

will be monitored.

(ii)  The means by which such monitoring will be

accomplished and the kinds of information that will be

obtained through such monitoring, including whether

communications or computer usage not related to the

employer's business is likely to be monitored.

(iii)  The frequency of such monitoring.

(iv)  How information obtained by such monitoring

will be stored, used or disclosed.

* * *

Section 2.  Title 18 is amended by adding a section to read:

§ 5776.  Video or audio monitoring.

(a)  Offense defined.--No employer or agent of an employer

may engage in video or audio monitoring of an employee in a

bathroom, dressing room, locker room or other areas where

employees change clothing unless such monitoring is authorized

by court order.

(b)  Penalty.--An employer who intentionally and knowingly

violates subsection (a) commits a misdemeanor of the third

degree.

Section 3.  This act shall take effect in 60 days.