Pennsylvania Act 2008-111 — CRIMES CODE (18 PA.C.S.) - THEFT OF LEASED PROPERTY, WIRETAPPING AND ELECTRONIC SURVEILLANCE, DISCLOSURE OF CONTENTS AND EXPIRATION OF CHAPTER

Act text

CRIMES CODE (18 PA.C.S.) - THEFT OF LEASED PROPERTY, WIRETAPPING AND
ELECTRONIC SURVEILLANCE, DISCLOSURE OF CONTENTS AND EXPIRATION OF CHAPTER
                 Act of Oct. 9, 2008, P.L. 1403, No. 111              Cl. 18
                             Session of 2008
                               No. 2008-111

     HB 1664

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for theft of leased
        property; and, in wiretapping and electronic surveillance,
        further providing for disclosure of contents and for
        expiration of chapter.

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

        Section 1.  Section 3932(b) and (c)(2) of Title 18 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 3932.  Theft of leased property.
        * * *
        (b)  Definition.--As used in this section[, a]:
            (1)  A person "deals with the property as his own" if he
        sells, secretes, destroys, converts to his own use or
        otherwise disposes of the property.
            (2)  A "written demand to return the property is
        delivered" when it is sent simultaneously by first class
        mail, evidenced by a certificate of mailing, and by
        registered or certified mail to the address provided by the
        lessee.
        (c)  Presumption.--A person shall be prima facie presumed to
     have intent if he:
            * * *
            (2)  fails to return the property to its owner within
        seven days after a written demand to return the property is
        delivered [by registered or certified mail to the person's
        last known address].
        * * *
        Section 2.  Section 5742 heading and (a) introductory
     paragraph of Title 18 are amended, subsection (a) is amended by
     adding a paragraph and the section is amended by adding
     subsections to read:
      § 5742.  Disclosure of contents and records.
        (a)  Prohibitions.--Except as provided in subsection (b) and
     (c):
            * * *
            (3)  A person or entity providing an electronic
        communication service or remote computing service to the
        public shall not knowingly divulge a record or other
        information pertaining to a subscriber to, or customer of,
        the service.
        * * *
        (c)  Exceptions for disclosure of records or other
     information.--A person or entity may divulge a record or other
     information pertaining to a subscriber to, or customer of, the
     service if any of the following paragraphs apply:
            (1)  A record or other information may be divulged
        incident to any service or other business operation or to the
        protection of the rights or property of the provider.
            (2)  A record or other information may be divulged to any
        of the following:
                (i)  An investigative or law enforcement official as
            authorized in section 5743.
                (ii)  The subscriber or customer upon request.
                (iii)  A third party, upon receipt from the requester
            of adequate proof of lawful consent from the subscriber
            to, or customer of, the service to release the
            information to the third party.
                (iv)  A party to a legal proceeding, upon receipt
            from the party of a court order entered under subsection
            (c.1). This subparagraph does not apply to an
            investigative or law enforcement official authorized
            under section 5743.
            (3)  Notwithstanding paragraph (2), a record or other
        information may be divulged as authorized by a Commonwealth
        statute or as authorized by a Commonwealth regulatory agency
        with oversight over the person or entity.
            (4)  Subject to paragraph (2), a record or other
        information may be divulged as authorized by Federal law or
        as authorized by a Federal regulatory agency having oversight
        over the person or entity.
        (c.1)  Order for release of records.--
            (1)  An order to divulge a record or other information
        pertaining to a subscriber or customer under subsection
        (c)(2)(iv) must be approved by a court presiding over the
        proceeding in which a party seeks the record or other
        information.
            (2)  The order may be issued only after the subscriber or
        customer received notice from the party seeking the record or
        other information and was given an opportunity to be heard.
            (3)  The court may issue a preliminary order directing
        the provider to furnish the court with the identity of or
        contact information for the subscriber or customer if the
        party does not possess this information.
            (4)  An order for disclosure of a record or other
        information shall be issued only if the party seeking
        disclosure demonstrates specific and articulable facts to
        show that there are reasonable grounds to believe that the
        record or other information sought is relevant and material
        to the proceeding. In making its determination, the court
        shall consider the totality of the circumstances, including
        input of the subscriber or customer, if any, and the likely
        impact of the provider.
        Section 3.  Sections 5743(c)(1), 5746(a), 5761(b) and 5781 of
     Title 18 are amended to read:
      § 5743.  Requirements for governmental access.
        * * *
        (c)  Records concerning electronic communication service or
     remote computing service.--
            [(1)  Except as provided in paragraph (2), a provider of
        electronic communication service or remote computing service
        may disclose a record or other information pertaining to a
        subscriber to or customer of the service, not including the
        contents of communication covered by subsection (a) or (b),
        to any person other than an investigative or law enforcement
        officer.]
            * * *
      § 5746.  Cost reimbursement.
        (a)  Payment.--Except as otherwise provided in subsection
     (c), an investigative or law enforcement officer obtaining the
     contents of communications, records or other information under
     section 5742 (relating to disclosure of contents and records),
     5743 (relating to requirements for governmental access) or 5744
     (relating to backup preservation) shall reimburse the person or
     entity assembling or providing the information for such costs as
     are reasonably necessary and which have been directly incurred
     in searching for, assembling, reproducing and otherwise
     providing the information. Reimbursable costs shall include any
     costs due to necessary disruption of normal operations of any
     electronic communication service or remote computing service in
     which the information may be stored.
        * * *
      § 5761.  Mobile tracking devices.
        * * *
        (b)  Jurisdiction.--Orders permitted by this section may
     authorize the use of mobile tracking devices within the
     jurisdiction of the court of common pleas, and outside that
     jurisdiction [but within this Commonwealth], if the device is
     installed within the jurisdiction of the court of common pleas.
        * * *
      § 5781.  Expiration of chapter.
        This chapter expires December 31, [2008] 2013, unless
     extended by statute.
        Section 4.  This act shall take effect as follows:
            (1)  This section shall take effect immediately.
            (2)  The amendment of 18 Pa.C.S. § 5781 shall take effect
        immediately.
            (3)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 9th day of October, A. D. 2008.

     EDWARD G. RENDELL