PRINTER'S NO. 170
No. 125 Session of 2007
INTRODUCED BY COSTA, FONTANA, RAFFERTY, O'PAKE, RHOADES AND LOGAN, MARCH 5, 2007
REFERRED TO JUDICIARY, MARCH 5, 2007
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for exceptions to 3 prohibitions of intercepting and disclosure of 4 communications. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 5704 of Title 18 of the Pennsylvania 8 Consolidated Statutes is amended by adding a paragraph to read: 9 § 5704. Exceptions to prohibition of interception and 10 disclosure of communications. 11 It shall not be unlawful and no prior court approval shall be 12 required under this chapter for: 13 * * * 14 (17) (i) Provided that the requirements of 15 subparagraphs (ii) and (iii) are satisfied, a school bus 16 as defined in 75 Pa.C.S. § 102 (relating to definitions) 17 to be equipped with a device capable of making an audio 18 and video recording of the inside of the school bus while
1 being operated in the transportation of school students. 2 Each school bus that is equipped with audio or video 3 recording equipment must have a warning conspicuously 4 posted at the front and back of each school bus informing 5 the occupants of the school bus that an audio or video 6 recording, or both, is being made during the operation of 7 the school bus and that by riding the school bus, the 8 student or other person consents to any recording that 9 may be made during the operation of the school bus. 10 (ii) The Department of Education, in consultation 11 with the Pennsylvania State Police and the Department of 12 Transportation, shall promulgate regulations providing 13 uniform standards for the following: 14 (A) Equipment to be used for making audio and 15 visual recordings on a school bus. 16 (B) Installation, maintenance and operation of 17 audio and video recording equipment. 18 (C) Referral of information to law enforcement 19 authorities for criminal prosecution of any event 20 recorded by audio or video that occurs on a school 21 bus. 22 (iii) The Department of Education shall promulgate 23 regulations providing standards to all boards of school 24 directors for the adoption of a policy by the school 25 district for the use of audio and video recording 26 equipment on school buses used or operated by or for the 27 school district. These standards must include, but not be 28 limited to: 29 (A) Information concerning the disciplinary 30 measures that may be utilized by the school district 20070S0125B0170 - 2 -
1 against a school student, school employee or agent of 2 the school district for communications, information 3 or conduct recorded by the audio or video equipment. 4 (B) Information concerning the public 5 availability of such communications, information or 6 conduct recorded by the audio or video equipment. 7 (iv) No school district, school employee or agent of 8 a school district may use, operate or otherwise employ 9 any audio or video equipment on a school bus until the 10 school district has provided written notification to each 11 school student and the student's parent or guardian that 12 the school district has adopted a policy to install, 13 operate and use an audio or video recording system on the 14 school buses operated by or for the school district in 15 the transportation of school students to any public, 16 private or parochial school or school-related activity or 17 event. 18 Section 2. This act shall take effect in 60 days. L18L18SFL/20070S0125B0170 - 3 -