THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CRUZ, YOUNGBLOOD, BROWNLEE, M. O'BRIEN AND THOMAS, JUNE 27, 2012

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 27, 2012  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in wiretapping and electronic

surveillance, providing for unmanned aircraft surveillance.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Chapter 57 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER E.1

UNMANNED AIRCRAFT SURVEILLANCE

§ 5776.  Order authorizing unmanned aircraft surveillance.

(a)    General rule.--The Attorney General, or, during the

absence or incapacity of the Attorney General, a deputy attorney

general designated in writing by the Attorney General or the

district attorney or, during the absence or incapacity of the

district attorney, an assistant district attorney designated in

writing by the district attorney of the county wherein the

suspected criminal activity has been, is or is about to occur,

may make written application to any Superior Court judge for an

order authorizing the use of an unmanned aircraft by the

investigative or law enforcement officers or agency having

responsibility for an investigation involving suspected criminal

activities when such use may provide evidence of the commission

of any of the offenses enumerated in section 5708 (relating to

order authorizing interception of wire, electronic or oral

communications), or may provide evidence aiding in the

apprehension of the perpetrator or perpetrators of any of the

offenses listed under section 5708 if the offense is dangerous

to life, limb or property and punishable by imprisonment for

more than one year.

(b)  Applicability of law.--The provisions of Subchapter B

(relating to wire, electronic or oral communication) that are

applicable to the interception of wire or electronic

communications shall be applicable in the same manner to

photographic evidence and other data or information obtainable

from unmanned aircraft by a law enforcement officer under this

subchapter.

(c)    Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Unmanned aircraft."  An aircraft that is operated without

the possibility of direct human intervention from within or on

the aircraft. The term includes the equipment associated with

such aircraft that provides communication links and the

components that control the unmanned aircraft required for the

pilot in command to operate such aircraft safely and efficiently

in the national airspace system.

Section 2.  This act shall take effect in 60 days.