PRINTER'S NO. 3861
No. 2580 Session of 2006
INTRODUCED BY HENNESSEY, HERSHEY, RUBLEY, E. Z. TAYLOR, THOMAS,
BAKER, BARRAR, BENNINGHOFF, BOYD, CALTAGIRONE, CAPPELLI,
CASORIO, CLYMER, DeLUCA, DENLINGER, FABRIZIO, FAIRCHILD,
FICHTER, FORCIER, GEIST, GINGRICH, GOODMAN, HALUSKA, HARPER,
HARRIS, HESS, MANN, MARKOSEK, R. MILLER, S. MILLER, MYERS,
PALLONE, PAYNE, READSHAW, SIPTROTH, SONNEY, STABACK, STERN,
SURRA, TANGRETTI, TIGUE, TRUE, WANSACZ, WATSON AND
YOUNGBLOOD, APRIL 5, 2006
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 5, 2006
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for mobile tracking
3 devices.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5761(b) and (c) of Title 18 of the
7 Pennsylvania Consolidated Statutes are amended and the section
8 is amended by adding subsections to read:
9 § 5761. Mobile tracking devices.
10 * * *
11 (a.1) General rule.--Except as provided in this section and
12 for use for a business purpose or a commercial or public
13 vehicle, no person may install, monitor or use a mobile tracking
14 device without the knowledge or consent of the lawful owner of
15 the vehicle, container or item to which the mobile tracking
1 device is attached.
2 (b) Jurisdiction.--Orders permitted by this section may
3 [authorize the use of mobile tracking devices within the
4 jurisdiction of the court of common pleas, and outside that
5 jurisdiction but within this Commonwealth, if the device is
6 installed within the jurisdiction of the court of common pleas.]
7 be issued by the court of common pleas which may authorize the
8 installation of the mobile tracking device within its
9 jurisdiction and once installed properly, may authorize the use
10 of the mobile tracking device outside of its jurisdiction.
11 (c) Standard for issuance of order.--An order authorizing
12 the use of one or more mobile tracking devices may be issued to
13 an investigative or law enforcement officer by the court of
14 common pleas upon written application. Each application shall be
15 by written affidavit, signed and sworn to or affirmed before the
16 court of common pleas. The affidavit shall:
17 (1) state the name and department, agency or address of
18 the affiant;
19 (2) identify the vehicles, containers or items to which,
20 in which or on which the mobile tracking device shall be
21 attached or be placed, and, if known, the names of the owners
22 or possessors of the vehicles, containers or items;
23 (3) state the [jurisdictional area] location in which
24 the vehicles, containers or items are expected to be found
25 within the jurisdiction of the court; and
26 (4) provide a statement setting forth all facts and
27 circumstances which provide the applicant with a reasonable
28 suspicion that criminal activity has been, is or will be in
29 progress and that the use of a mobile tracking device will
30 yield information relevant to [the] an investigation of the
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1 criminal activity.
2 * * *
3 (h) Penalty.--A person who intentionally violates subsection
4 (a.1) commits a misdemeanor of the first degree.
5 Section 2. This act shall take effect in 60 days.
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