Bill Text: PA HB412 | 2009-2010 | Regular Session | Introduced


Bill Title: In wiretapping and electronic surveillance, further providing for exceptions to prohibition of interception and disclosure of communications.

Spectrum: Slight Partisan Bill (Democrat 26-15)

Status: (Introduced - Dead) 2009-04-29 - Re-committed to APPROPRIATIONS [HB412 Detail]

Download: Pennsylvania-2009-HB412-Introduced.html

  

 

    

PRINTER'S NO.  456

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

412

Session of

2009

  

  

INTRODUCED BY LENTZ, BAKER, BARRAR, BEAR, BELFANTI, BOYD, BRENNAN, BRIGGS, BROWN, CALTAGIRONE, DALLY, DRUCKER, FRANKEL, GEORGE, GOODMAN, GRELL, HELM, HORNAMAN, JOSEPHS, KORTZ, KULA, LONGIETTI, MARSHALL, McGEEHAN, O'NEILL, PASHINSKI, PAYNE, READSHAW, SABATINA, SIPTROTH, K. SMITH, SOLOBAY, VEREB, VULAKOVICH AND J. TAYLOR, FEBRUARY 13, 2009

  

  

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 2009  

  

  

  

AN ACT

  

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Amending Title 18 (Crimes and Offenses) of the Pennsylvania

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Consolidated Statutes, in wiretapping and electronic

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surveillance, further providing for exceptions to prohibition

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of interception and disclosure of communications.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 5704 of Title 18 of the Pennsylvania

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Consolidated Statutes is amended by adding a paragraph to read:

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§ 5704.  Exceptions to prohibition of interception and

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disclosure of communications.

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It shall not be unlawful and no prior court approval shall be

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required under this chapter for:

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* * *

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(17)  A law enforcement officer, whether or not certified

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under section 5724, acting in the performance of his official

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duties to intercept and record an oral communication or image

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or video while using an electric or electronic incapacitation

 


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device in accordance with the following:

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(i)  At the time of the interception, the law

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enforcement officer:

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(A)  has clearly identified himself as a law

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enforcement officer;

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(B)  is using an electric or electronic

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incapacitation device that has been approved under

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section 5706(b)(4);

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(C)  believes that the use of an electric or

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electronic incapacitation device is necessary in the

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performance of his duty; and

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(D)  informs, as soon as reasonably practicable,

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the individual or individuals identifiably present

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that he has intercepted and recorded audio or video

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details.

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(ii)  Audio or video recordings shall be permissible

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in:

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(A)  areas which are open to the public; and

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(B)  areas which are not open to the public,

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including, but not limited to, residences, when the

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officer is present in the course of his duties.

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(iii)  As used in this paragraph, the following words

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and phrases shall have the meanings given to them in this

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subparagraph:

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"Electric or electronic incapacitation device."  A

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portable device that is designed or intended by the

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manufacturer to be used, offensively or defensively, to

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temporarily immobilize or incapacitate persons by means

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of electric pulse or current or by means of carbon

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dioxide propellant, regardless of whether the device

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includes a means to store an oral communication on tape

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or on some other comparable medium. The term does not

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include a cattle prod, electric fence or other electric

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device used in agricultural, animal husbandry or food

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production activities.

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"Law enforcement officer."  A member of the

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Pennsylvania State Police or an individual employed as a

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police officer who holds a current certificate under 53

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Pa.C.S. Ch. 21 Subch. D.

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

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