PRIOR PRINTER'S NO. 762 PRINTER'S NO. 1472
No. 706 Session of 2001
INTRODUCED BY GREENLEAF, O'PAKE, LEMMOND, M. WHITE, HOLL, MOWERY
AND TOMLINSON, MARCH 23, 2001
AS AMENDED ON SECOND CONSIDERATION, OCTOBER 23, 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 EXCEPTIONS TO THOSE OFFENSES AND FOR <--
5 the disclosure of certain evidence.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 5705 heading of Title 18 of the
9 Pennsylvania Consolidated Statutes is amended and the section is
10 amended by adding a paragraph to read:
11 § 5705. Possession, sale, distribution, manufacture or
12 advertisement of electronic, mechanical, <--
13 TELECOMMUNICATION IDENTIFICATION INTERCEPTION or
14 other devices and telecommunication identification <--
15 interception devices.
16 Except as otherwise specifically provided in section 5706
17 (relating to exceptions to prohibitions in possession, sale,
18 distribution, manufacture or advertisement of electronic,
19 mechanical, TELECOMMUNICATION IDENTIFICATION INTERCEPTION or <--
1 other devices), a person is guilty of a felony of the third
2 degree if he does any of the following:
3 * * *
4 (5) Intentionally possesses a telecommunication
5 identification interception device.
6 SECTION 2. SECTION 5706 OF TITLE 18 IS AMENDED TO READ: <--
7 § 5706. EXCEPTIONS TO PROHIBITIONS IN POSSESSION, SALE,
8 DISTRIBUTION, MANUFACTURE OR ADVERTISEMENT OF
9 ELECTRONIC, MECHANICAL, TELECOMMUNICATION
10 IDENTIFICATION INTERCEPTION OR OTHER DEVICES.
11 (A) UNLAWFUL ACTIVITIES.--IT SHALL NOT BE UNLAWFUL UNDER
12 THIS CHAPTER FOR:
13 (1) A PROVIDER OF WIRE OR ELECTRONIC COMMUNICATION
14 SERVICE OR AN OFFICER, AGENT OR EMPLOYEE OF, OR A PERSON
15 UNDER CONTRACT WITH, SUCH A PROVIDER, IN THE NORMAL COURSE OF
16 THE BUSINESS OF PROVIDING THE WIRE OR ELECTRONIC
17 COMMUNICATION SERVICE; OR
18 (2) A PERSON UNDER CONTRACT WITH THE UNITED STATES, THE
19 COMMONWEALTH OR A POLITICAL SUBDIVISION THEREOF, A STATE OR A
20 POLITICAL SUBDIVISION THEREOF, OR AN OFFICER, AGENT OR
21 EMPLOYEE OF THE UNITED STATES, THE COMMONWEALTH OR A
22 POLITICAL SUBDIVISION THEREOF, OR A STATE OR A POLITICAL
23 SUBDIVISION THEREOF,
24 TO POSSESS, SELL, DISTRIBUTE, MANUFACTURE, ASSEMBLE OR ADVERTISE
25 AN ELECTRONIC, MECHANICAL, TELECOMMUNICATION IDENTIFICATION
26 INTERCEPTION OR OTHER DEVICE, WHILE ACTING IN FURTHERANCE OF THE
27 APPROPRIATE ACTIVITIES OF THE UNITED STATES, THE COMMONWEALTH OR
28 A POLITICAL SUBDIVISION THEREOF, A STATE OR A POLITICAL
29 SUBDIVISION THEREOF OR A PROVIDER OF WIRE OR ELECTRONIC
30 COMMUNICATION SERVICE.
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1 (B) RESPONSIBILITY.--
2 (1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), THE ATTORNEY
3 GENERAL AND THE DISTRICT ATTORNEY OR THEIR DESIGNEES SO
4 DESIGNATED IN WRITING SHALL HAVE THE SOLE RESPONSIBILITY TO
5 BUY, POSSESS AND LOAN ANY ELECTRONIC, MECHANICAL,
6 TELECOMMUNICATION IDENTIFICATION INTERCEPTION OR OTHER DEVICE
7 WHICH IS TO BE USED BY INVESTIGATIVE OR LAW ENFORCEMENT
8 OFFICERS FOR PURPOSES OF INTERCEPTION AS AUTHORIZED UNDER
9 SECTION 5704(2), (5) AND (12) (RELATING TO EXCEPTIONS TO
10 PROHIBITION OF INTERCEPTION AND DISCLOSURE OF
11 COMMUNICATIONS), 5712 (RELATING TO ISSUANCE OF ORDER AND
12 EFFECT), 5713 (RELATING TO EMERGENCY SITUATIONS) [OR], 5713.1
13 (RELATING TO EMERGENCY HOSTAGE AND BARRICADE SITUATIONS)[.]
14 OR SUBCHAPTER E (RELATING TO PEN REGISTERS, TRAP AND TRACE
15 DEVICES AND TELECOMMUNICATION IDENTIFICATION INTERCEPTION
16 DEVICES).
17 (2) THE DIVISION OR BUREAU OR SECTION OF THE
18 PENNSYLVANIA STATE POLICE RESPONSIBLE FOR CONDUCTING THE
19 TRAINING IN THE TECHNICAL ASPECTS OF WIRETAPPING AND
20 ELECTRONIC SURVEILLANCE AS REQUIRED BY SECTION 5724 (RELATING
21 TO TRAINING) MAY BUY AND POSSESS ANY ELECTRONIC, MECHANICAL,
22 TELECOMMUNICATION IDENTIFICATION INTERCEPTION OR OTHER DEVICE
23 WHICH IS TO BE USED BY INVESTIGATIVE OR LAW ENFORCEMENT
24 OFFICERS FOR PURPOSES OF INTERCEPTION AS AUTHORIZED UNDER
25 SECTION 5704(2), (5) AND (12), 5712, 5713 [OR], 5713.1 OR
26 SUBCHAPTER E FOR THE PURPOSE OF TRAINING. HOWEVER, ANY
27 ELECTRONIC, MECHANICAL, TELECOMMUNICATION IDENTIFICATION
28 INTERCEPTION OR OTHER DEVICE BOUGHT OR POSSESSED UNDER THIS
29 PROVISION MAY BE LOANED TO OR USED BY INVESTIGATIVE OR LAW
30 ENFORCEMENT OFFICERS FOR PURPOSES OF INTERCEPTION AS
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1 AUTHORIZED UNDER SECTION 5704(2), (5) AND (12), 5712, 5713
2 [OR], 5713.1 OR SUBCHAPTER E ONLY UPON WRITTEN APPROVAL BY
3 THE ATTORNEY GENERAL OR A DEPUTY ATTORNEY GENERAL DESIGNATED
4 IN WRITING BY THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY
5 OR AN ASSISTANT DISTRICT ATTORNEY DESIGNATED IN WRITING BY
6 THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN THE INTERCEPTION
7 IS TO BE MADE.
8 (3) WITH THE PERMISSION OF THE ATTORNEY GENERAL OR A
9 DISTRICT ATTORNEY WHO HAS DESIGNATED ANY SUPERVISING LAW
10 ENFORCEMENT OFFICER FOR PURPOSES OF INTERCEPTIONS AS
11 AUTHORIZED UNDER SECTION 5713.1, THE LAW ENFORCEMENT AGENCY
12 WHICH EMPLOYS THE SUPERVISING LAW ENFORCEMENT OFFICER MAY
13 BUY, POSSESS, LOAN OR BORROW ANY ELECTRONIC, MECHANICAL,
14 TELECOMMUNICATION IDENTIFICATION INTERCEPTION OR OTHER DEVICE
15 WHICH IS TO BE USED BY INVESTIGATIVE OR LAW ENFORCEMENT
16 OFFICERS AT THE DIRECTION OF THE SUPERVISING LAW ENFORCEMENT
17 OFFICER SOLELY FOR THE PURPOSE OF INTERCEPTION AS AUTHORIZED
18 UNDER SECTIONS 5704(12) AND 5713.1.
19 Section 2 3. Section 5717(a) of Title 18 is amended and the <--
20 section is amended by adding subsections to read:
21 § 5717. Investigative disclosure or use of contents of wire,
22 electronic or oral communications or derivative
23 evidence.
24 (a) Law enforcement personnel.--Any investigative or law
25 enforcement officer who, under subsection (a.1), (a.2) or (b),
26 has obtained knowledge of the contents of any wire, electronic
27 or oral communication, or evidence derived therefrom, may
28 disclose such contents or evidence to another investigative or
29 law enforcement officer to the extent that such disclosure is
30 appropriate to the proper performance of the official duties of
20010S0706B1472 - 4 -
1 the officer making or receiving the disclosure.
2 * * *
3 (a.2) Civilians.--Any person other than an investigative or
4 law enforcement officer who, as party to any wire, electronic or
5 oral communication, has obtained knowledge of the contents of
6 the wire, electronic or oral communication, or evidence derived
7 therefrom, may disclose such contents or evidence to an
8 investigative or law enforcement officer, where such contents or
9 evidence involves a homicide or a felony of the first degree.
10 * * *
11 (c) Otherwise authorized personnel.--Any person who, by any
12 means authorized by the laws of another state or the Federal
13 Government, has obtained knowledge of the contents of any wire,
14 electronic or oral communication, or evidence derived therefrom,
15 may disclose the contents or evidence to an investigative or law
16 enforcement officer and may disclose such contents or evidence
17 where otherwise admissible while giving testimony under oath or
18 affirmation in any proceeding in any court of this Commonwealth.
19 Section 3 4. This act shall take effect in 60 days. <--
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