HOUSE AMENDED
PRIOR PRINTER'S NOS. 382, 1184, 1543, PRINTER'S NO. 1897
1567, 1870
No. 369 Session of 2001
INTRODUCED BY GERLACH, PUNT, BELL, WENGER, CORMAN, WAGNER,
THOMPSON, MOWERY, WOZNIAK, LOGAN AND TILGHMAN,
FEBRUARY 7, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 15, 2002
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
2 the Pennsylvania Consolidated Statutes, authorizing police
3 officers to record certain oral communications; and further
4 providing for windshield obstructions and wipers.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 5704 and 5706(b) of Title 18 of the
8 Pennsylvania Consolidated Statutes are amended by adding
9 paragraphs to read:
10 § 5704. Exceptions to prohibition of interception and
11 disclosure of communications.
12 It shall not be unlawful and no prior court approval shall be
13 required under this chapter for:
14 * * *
15 (16) (i) A law enforcement officer acting in the <--
16 performance of his official duties to intercept and
1 (16) A LAW ENFORCEMENT OFFICER, WHETHER OR NOT CERTIFIED <--
2 UNDER SECTION 5724 (RELATING TO TRAINING), ACTING IN THE
3 PERFORMANCE OF HIS OFFICIAL DUTIES TO INTERCEPT AND record an
4 oral communication between individuals if, at the time of the <--
5 interception, the oral communication occurs outside the
6 residences of any of the individuals and IN ACCORDANCE WITH <--
7 THE FOLLOWING:
8 (I) AT THE TIME OF THE INTERCEPTION, THE ORAL
9 COMMUNICATION DOES NOT OCCUR INSIDE THE RESIDENCE OF ANY
10 OF THE INDIVIDUALS.
11 (II) AT THE TIME OF THE INTERCEPTION, the law
12 enforcement officer:
13 (A) is operating the visual or audible warning
14 system of the law enforcement officer's vehicle
15 authorized by 75 Pa.C.S. § 4571 (relating to visual
16 and audible signals on emergency vehicles) or
17 otherwise identifies himself IS OTHERWISE CLEARLY <--
18 IDENTIFIABLE as a law enforcement officer;
19 (B) is in close proximity to the individuals'
20 oral communication; and <--
21 (C) notifies, as soon as practicable, the
22 individuals identifiably present at the location that
23 the oral communication is being or has been
24 intercepted and recorded.
25 (C) IS USING AN ELECTRONIC, MECHANICAL OR OTHER <--
26 DEVICE WHICH HAS BEEN APPROVED UNDER SECTION
27 5706(B)(4) (RELATING TO EXCEPTIONS TO PROHIBITIONS IN
28 POSSESSION, SALE, DISTRIBUTION, MANUFACTURE OR
29 ADVERTISEMENT OF ELECTRONIC, MECHANICAL OR OTHER
30 DEVICES) TO INTERCEPT THE ORAL COMMUNICATION, THE
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1 RECORDER OF WHICH IS MOUNTED IN THE LAW ENFORCEMENT
2 OFFICER'S VEHICLE; AND
3 (D) INFORMS, AS SOON AS REASONABLY PRACTICABLE,
4 THE INDIVIDUALS IDENTIFIABLY PRESENT THAT HE HAS
5 INTERCEPTED AND RECORDED THE ORAL COMMUNICATION.
6 (ii) For the purposes of this paragraph, "law <--
7 enforcement officer" shall mean a member of the
8 Pennsylvania State Police or an individual employed as a
9 police officer who has received the certification
10 required under 53 Pa.C.S. Ch. 21 Subch. D (relating to
11 municipal police education and training).
12 (III) AS USED IN THIS PARAGRAPH, THE FOLLOWING WORDS <--
13 AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
14 SUBPARAGRAPH:
15 "LAW ENFORCEMENT OFFICER." A MEMBER OF THE
16 PENNSYLVANIA STATE POLICE OR AN INDIVIDUAL EMPLOYED AS A
17 POLICE OFFICER WHO IS REQUIRED TO BE TRAINED UNDER 53
18 PA.C.S. CH. 21 SUBCH. D (RELATING TO MUNICIPAL POLICE
19 EDUCATION AND TRAINING).
20 "RECORDER." AN ELECTRONIC, MECHANICAL OR OTHER <--
21 DEVICE USED TO STORE AN ORAL COMMUNICATION ON TAPE OR ON
22 SOME OTHER COMPARABLE MEDIUM.
23 § 5706. Exceptions to prohibitions in possession, sale,
24 distribution, manufacture or advertisement of
25 electronic, mechanical or other devices.
26 * * *
27 (b) Responsibility.--
28 (1) Except as provided under paragraph (2), the Attorney
29 General and the district attorney or their designees so
30 designated in writing shall have the sole responsibility to
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1 buy, possess and loan any electronic, mechanical or other
2 device which is to be used by investigative or law
3 enforcement officers for purposes of interception as
4 authorized under section 5704(2), (5) and (12) (relating to
5 exceptions to prohibition of interception and disclosure of
6 communications), 5712 (relating to issuance of order and
7 effect), 5713 (relating to emergency situations) or 5713.1
8 (relating to emergency hostage and barricade situations).
9 (2) The division or bureau or section of the
10 Pennsylvania State Police responsible for conducting the
11 training in the technical aspects of wiretapping and
12 electronic surveillance as required by section 5724 (relating
13 to training) may buy and possess any electronic, mechanical
14 or other device which is to be used by investigative or law
15 enforcement officers for purposes of interception as
16 authorized under section 5704(2), (5) and (12), 5712, 5713 or
17 5713.1 for the purpose of training. However, any electronic,
18 mechanical or other device bought or possessed under this
19 provision may be loaned to or used by investigative or law
20 enforcement officers for purposes of interception as
21 authorized under section 5704(2), (5) and (12), 5712, 5713 or
22 5713.1 only upon written approval by the Attorney General or
23 a deputy attorney general designated in writing by the
24 Attorney General, or the district attorney or an assistant
25 district attorney designated in writing by the district
26 attorney of the county wherein the interception is to be
27 made.
28 (3) With the permission of the Attorney General or a
29 district attorney who has designated any supervising law
30 enforcement officer for purposes of interceptions as
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1 authorized under section 5713.1, the law enforcement agency
2 which employs the supervising law enforcement officer may
3 buy, possess, loan or borrow any electronic, mechanical or
4 other device which is to be used by investigative or law
5 enforcement officers at the direction of the supervising law
6 enforcement officer solely for the purpose of interception as
7 authorized under sections 5704(12) and 5713.1.
8 (4) The Pennsylvania State Police shall annually
9 establish equipment standards for any electronic, mechanical
10 or other device which is to be used by law enforcement
11 officers for purposes of interception as authorized under
12 section 5704(16). The equipment standards shall be published
13 annually in the Pennsylvania Bulletin.
14 Section 2. Section 4524 of Title 75 is amended by adding a
15 subsection to read:
16 § 4524. Windshield obstructions and wipers.
17 * * *
18 (f) Exception.--This section does not apply to mobile video
19 recording equipment installed in a vehicle exclusively used for
20 official police purposes.
21 Section 3. This act shall take effect in 60 days <--
22 IMMEDIATELY. <--
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