PRINTER'S NO. 4448

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 2874 Session of 2004

        INTRODUCED BY O'BRIEN, ARMSTRONG, BOYD, CAPPELLI, CRAHALLA,
           DALLY, DENLINGER, GEORGE, HENNESSEY, KELLER, KILLION,
           R. MILLER, NAILOR, PAYNE, REICHLEY, SCAVELLO, SCHRODER,
           B. SMITH, T. STEVENSON, E. Z. TAYLOR, YOUNGBLOOD AND WEBER,
           OCTOBER 4, 2004

        REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 4, 2004

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing, in wiretapping and
     3     electronic surveillance, for orders and for expiration.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1. Section 5708 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended by adding a paragraph to read:
     8  § 5708.  Order authorizing interception of wire, electronic or
     9             oral communications.
    10     The Attorney General, or, during the absence or incapacity of
    11  the Attorney General, a deputy attorney general designated in
    12  writing by the Attorney General, or the district attorney or,
    13  during the absence or incapacity of the district attorney, an
    14  assistant district attorney designated in writing by the
    15  district attorney of the county wherein the suspected criminal
    16  activity has been, is or is about to occur, may make written
    17  application to any Superior Court judge for an order authorizing

     1  the interception of a wire, electronic or oral communication by
     2  the investigative or law enforcement officers or agency having
     3  responsibility for an investigation involving suspected criminal
     4  activities when such interception may provide evidence of the
     5  commission of any of the following offenses, or may provide
     6  evidence aiding in the apprehension of the perpetrator or
     7  perpetrators of any of the following offenses:
     8         * * *
     9         (2.1)  Under 4 Pa.C.S. Pt. II (relating to gaming).
    10         * * *
    11     Section 2.  Section 5781 of Title 18 is amended to read:
    12  [§ 5781.  Expiration of chapter.
    13     This chapter expires December 31, 2004, unless extended by
    14  statute.]
    15     Section 3.  This act shall take effect as follows:
    16         (1)  The addition of 18 Pa.C.S. § 5708(2.1) shall take
    17     effect in 60 days.
    18         (2)  The remainder of this act shall take effect
    19     immediately.








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