PRINTER'S NO. 2586
No. 1982 Session of 2001
INTRODUCED BY GANNON, PERZEL, BARLEY, E. Z. TAYLOR, RAYMOND,
GODSHALL, HERMAN, CLARK, GEIST, ADOLPH, ARMSTRONG, M. BAKER,
BARD, BEBKO-JONES, BELFANTI, CAPPELLI, CORRIGAN, CREIGHTON,
CRUZ, DALEY, J. EVANS, FAIRCHILD, FEESE, FRANKEL, GABIG,
GEORGE, HARHAI, HORSEY, KELLER, KENNEY, LaGROTTA, LAUGHLIN,
MAITLAND, McGEEHAN, MELIO, MICOZZIE, SATHER, SCHRODER,
SCHULER, B. SMITH, SOLOBAY, STABACK, TRICH, C. WILLIAMS,
WILT, WOGAN AND YOUNGBLOOD, OCTOBER 2, 2001
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 2, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for offenses relating to
3 telecommunication identification interception devices; and
4 further providing for the disclosure of certain evidence.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5705 heading of Title 18 of the
8 Pennsylvania Consolidated Statutes is amended and the section is
9 amended by adding a paragraph to read:
10 § 5705. Possession, sale, distribution, manufacture or
11 advertisement of electronic, mechanical or other
12 devices and telecommunication identification
13 interception devices.
14 Except as otherwise specifically provided in section 5706
15 (relating to exceptions to prohibitions in possession, sale,
16 distribution, manufacture or advertisement of electronic,
1 mechanical or other devices), a person is guilty of a felony of
2 the third degree if he does any of the following:
3 * * *
4 (5) Intentionally possesses a telecommunication
5 identification interception device.
6 Section 2. Section 5712 of Title 18 is amended by adding a
7 subsection to read:
8 § 5712. Issuance of order and effect.
9 * * *
10 (h) Roving wiretaps.--The requirements of subsection (a)(3)
11 relating to the specification of the facilities from which, or
12 the place where, the communication is to be intercepted do not
13 apply if:
14 (1) In the case of an application with respect to the
15 interception of an oral communication:
16 (i) the application contains a full and complete
17 statement as to why such specification is not practical
18 and identifies the person committing the offense and
19 whose communications are to be intercepted; and
20 (ii) the judge finds that such specification is not
21 practical.
22 (2) In the case of an application with respect to a wire
23 or electronic communication:
24 (i) the application identifies the person believed
25 to be committing the offense and whose communications are
26 to be intercepted and the applicant makes a showing of a
27 purpose, on the part of that person, to thwart
28 interception by changing facilities; and
29 (ii) the judge finds that such purpose has been
30 adequately shown.
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1 Section 3. Section 5717(a) of Title 18 is amended and the
2 section is amended by adding subsections to read:
3 § 5717. Investigative disclosure or use of contents of wire,
4 electronic or oral communications or derivative
5 evidence.
6 (a) Law enforcement personnel.--Any investigative or law
7 enforcement officer who, under subsection (a.1), (a.2) or (b),
8 has obtained knowledge of the contents of any wire, electronic
9 or oral communication, or evidence derived therefrom, may
10 disclose such contents or evidence to another investigative or
11 law enforcement officer to the extent that such disclosure is
12 appropriate to the proper performance of the official duties of
13 the officer making or receiving the disclosure.
14 * * *
15 (a.2) Civilians.--Any person other than an investigative or
16 law enforcement officer who, as party to the communication, has
17 obtained knowledge of the contents of any wire, electronic or
18 oral communication, or evidence derived therefrom, may disclose
19 such contents or evidence to an investigative or law enforcement
20 officer, where such is evidence of a homicide or a felony of the
21 first degree.
22 * * *
23 (c) Otherwise authorized personnel.--Any person who, by any
24 means authorized by the laws of another state or the Federal
25 Government, has obtained knowledge of the contents of any wire,
26 electronic or oral communication, or evidence derived therefrom,
27 may disclose the contents or evidence to an investigative or law
28 enforcement officer and may disclose such contents or evidence
29 where otherwise admissible while giving testimony under oath or
30 affirmation in any proceeding in any court of this Commonwealth.
20010H1982B2586 - 3 -
1 Section 4. This act shall take effect in 60 days.
I19L18JS/20010H1982B2586 - 4 -