Pennsylvania Act 2002-52 — CRIMES CODE (18 PA.C.S.) - AMEND POLICE OFFICER AUTHORIZATION TO RECORD ORAL COMMUNICATIONS

Act text

CRIMES CODE (18 PA.C.S.) - AMEND POLICE OFFICER AUTHORIZATION TO RECORD
                           ORAL COMMUNICATIONS
                  Act of Jun. 11, 2002, P.L. 367, No. 52              Cl. 18
                             Session of 2002
                               No. 2002-52

     SB 369

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, authorizing police officers to record
        certain oral communications.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 5704 and 5706(b) of Title 18 of the
     Pennsylvania Consolidated Statutes are amended by adding
     paragraphs 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:
            * * *
            (16)  A law enforcement officer, whether or not certified
        under section 5724 (relating to training), acting in the
        performance of his official duties to intercept and record an
        oral communication between individuals in accordance with the
        following:
                (i)  At the time of the interception, the oral
            communication does not occur inside the residence of any
            of the individuals.
                (ii)  At the time of the interception, the law
            enforcement officer:
                    (A)  is operating the visual or audible warning
                system of the law enforcement officer's vehicle
                authorized by 75 Pa.C.S. § 4571 (relating to visual
                and audible signals on emergency vehicles) or is
                clearly identifiable as a law enforcement officer;
                    (B)  is in close proximity to the individuals'
                oral communication;
                    (C)  is using an electronic, mechanical or other
                device which has been approved under section
                5706(b)(4) (relating to exceptions to prohibitions in
                possession, sale, distribution, manufacture or
                advertisement of electronic, mechanical or other
                devices) to intercept the oral communication, the
                recorder of which is mounted in the law enforcement
                officer's vehicle; and
                    (D)  informs, as soon as reasonably practicable,
                the individuals identifiably present that he has
                intercepted and recorded the oral communication.
                (iii)  As used in this paragraph, the following words
            and phrases shall have the meanings given to them in this
            subparagraph:
                "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 (relating to municipal police
            education and training).
                "Recorder."  An electronic, mechanical or other
            device used to store an oral communication on tape or on
            some other comparable medium.
      § 5706.  Exceptions to prohibitions in possession, sale,
                distribution, manufacture or advertisement of
                electronic, mechanical or other devices.
        * * *
        (b)  Responsibility.--
            (1)  Except as provided under paragraph (2), the Attorney
        General and the district attorney or their designees so
        designated in writing shall have the sole responsibility to
        buy, possess and loan any electronic, mechanical or other
        device which is to be used by investigative or law
        enforcement officers for purposes of interception as
        authorized under section 5704(2), (5) and (12) (relating to
        exceptions to prohibition of interception and disclosure of
        communications), 5712 (relating to issuance of order and
        effect), 5713 (relating to emergency situations) or 5713.1
        (relating to emergency hostage and barricade situations).
            (2)  The division or bureau or section of the
        Pennsylvania State Police responsible for conducting the
        training in the technical aspects of wiretapping and
        electronic surveillance as required by section 5724 (relating
        to training) may buy and possess any electronic, mechanical
        or other device which is to be used by investigative or law
        enforcement officers for purposes of interception as
        authorized under section 5704(2), (5) and (12), 5712, 5713 or
        5713.1 for the purpose of training. However, any electronic,
        mechanical or other device bought or possessed under this
        provision may be loaned to or used by investigative or law
        enforcement officers for purposes of interception as
        authorized under section 5704(2), (5) and (12), 5712, 5713 or
        5713.1 only upon written approval by the Attorney General or
        a deputy attorney general designated in writing by the
        Attorney General, or the district attorney or an assistant
        district attorney designated in writing by the district
        attorney of the county wherein the interception is to be
        made.
            (3)  With the permission of the Attorney General or a
        district attorney who has designated any supervising law
        enforcement officer for purposes of interceptions as
        authorized under section 5713.1, the law enforcement agency
        which employs the supervising law enforcement officer may
        buy, possess, loan or borrow any electronic, mechanical or
        other device which is to be used by investigative or law
        enforcement officers at the direction of the supervising law
        enforcement officer solely for the purpose of interception as
        authorized under sections 5704(12) and 5713.1.
            (4)  The Pennsylvania State Police shall annually
        establish equipment standards for any electronic, mechanical
        or other device which is to be used by law enforcement
        officers for purposes of interception as authorized under
        section 5704(16). The equipment standards shall be published
        annually in the Pennsylvania Bulletin.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 11th day of June, A. D. 2002.

     MARK S. SCHWEIKER