Pennsylvania Act 1996-186 — CRIMES CODE (18 PA.C.S.) - AMEND

Act text

CRIMES CODE (18 PA.C.S.) - AMEND
                 Act of Dec. 19, 1996, P.L. 1458, No. 186             Cl. 18
                             Session of 1996
                               No. 1996-186

     HB 2592

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for exceptions to
        the interception and disclosure of communications by inmates
        of county correctional institutions.

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

        Section 1.  Section 5704(2) of Title 18 of the Pennsylvania
     Consolidated Statutes is amended and the section is amended by
     adding a paragraph to read:
      § 5704.  Exceptions to prohibition of interception and
                disclosure of communications.
        It shall not be unlawful under this chapter for:
            * * *
            (2)  Any investigative or law enforcement officer or any
        person acting at the direction or request of an investigative
        or law enforcement officer to intercept a wire, electronic or
        oral communication involving suspected criminal activities
        where:
                (i)  such officer or person is a party to the
            communication; [or]
                (ii)  one of the parties to the communication has
            given prior consent to such interception. However, no
            interception under this paragraph shall be made unless
            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, has
            reviewed the facts and is satisfied that the consent is
            voluntary and has given prior approval for the
            interception; however such interception shall be subject
            to the recording and record keeping requirements of
            section 5714(a) (relating to recording of intercepted
            communications) and that the Attorney General, deputy
            attorney general, district attorney or assistant district
            attorney authorizing the interception shall be the
            custodian of recorded evidence obtained therefrom[.]; or
                (iii)  the investigative or law enforcement officer
            meets in person with a suspected felon and wears a
            concealed electronic or mechanical device capable of
            intercepting or recording oral communications. However,
            no interception under this subparagraph may be used in
            any criminal prosecution except for a prosecution
            involving harm done to the investigative or law
            enforcement officer. This subparagraph shall not be
            construed to limit the interception and disclosure
            authority provided for in subparagraph (i).
            * * *
            (14)  An investigative officer, a law enforcement officer
        or employees of a county correctional facility to intercept,
        record, monitor or divulge any telephone calls from or to an
        inmate in a facility under the following conditions:
                (i)  The county correctional facility shall adhere to
            the following procedures and restrictions when
            intercepting, recording, monitoring or divulging any
            telephone calls from or to an inmate in a county
            correctional facility as provided for by this paragraph:
                    (A)  Before the implementation of this paragraph,
                all inmates of the facility shall be notified in
                writing that, as of the effective date of this
                paragraph, their telephone conversations may be
                intercepted, recorded, monitored or divulged.
                    (B)  Unless otherwise provided for in this
                paragraph, after intercepting or recording a
                telephone conversation, only the superintendent,
                warden or a designee of the superintendent or warden
                or other chief administrative official or his or her
                designee shall have access to that recording.
                    (C)  The contents of an intercepted and recorded
                telephone conversation shall be divulged only as is
                necessary to safeguard the orderly operation of the
                facility, in response to a court order or in the
                prosecution or investigation of any crime.
                (ii)  So as to safeguard the attorney-client
            privilege, the county correctional facility shall not
            intercept, record, monitor or divulge any conversation
            between an inmate and an attorney.
                (iii)  Persons who are calling into a facility to
            speak to an inmate shall be notified that the call may be
            recorded or monitored.
                (iv)  The superintendent, warden or a designee of the
            superintendent or warden or other chief administrative
            official of the county correctional system shall
            promulgate guidelines to implement the provisions of this
            paragraph for county correctional facilities.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 19th day of December, A. D. 1996.

     THOMAS J. RIDGE