THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in wiretapping and electronic

surveillance, further providing for exceptions to prohibition

of interception and disclosure of communications.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5704 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a paragraph to read:

§ 5704.  Exceptions to prohibition of interception and

disclosure of communications.

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

required under this chapter for:

* * *

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

under section 5724, acting in the performance of his official

duties to intercept and record an oral communication or image

or video while using an electric or electronic incapacitation

device in accordance with the following:

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

enforcement officer:

(A)  has clearly identified himself as a law

enforcement officer;

(B)  is using an electric or electronic

incapacitation device that has been approved under

section 5706(b)(4);

(C)  believes that the use of an electric or

electronic incapacitation device is necessary in the

performance of his duty; and

(D)  informs, as soon as reasonably practicable,

the individual or individuals identifiably present

that he has intercepted and recorded audio or video

details.

(ii)  Audio or video recordings shall be permissible

in:

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

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

including, but not limited to, residences, when the

officer is present in the course of his duties.

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

and phrases shall have the meanings given to them in this

subparagraph:

"Electric or electronic incapacitation device."  A

portable device that is designed or intended by the

manufacturer to be used, offensively or defensively, to

temporarily immobilize or incapacitate persons by means

of electric pulse or current or by means of carbon

dioxide propellant, regardless of whether the device

includes a means to store an oral communication on tape

or on some other comparable medium. The term does not

include a cattle prod, electric fence or other electric

device used in agricultural, animal husbandry or food

production activities.

"Law enforcement officer."  A member of the

Pennsylvania State Police or an individual employed as a

police officer who holds a current certificate under 53

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

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