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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MARSICO, TURZAI, BAKER, BEYER, BOYD, CALTAGIRONE, CAUSER, CIVERA, CLYMER, CREIGHTON, DALLY, ELLIS, FLECK, GEIST, GIBBONS, GINGRICH, GRELL, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, KAUFFMAN, M. KELLER, MENSCH, MILLER, MURT, O'NEILL, PETRI, PICKETT, REICHLEY, ROCK, SAYLOR, SCAVELLO, STERN, VEREB AND VULAKOVICH, JANUARY 26, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, providing for applicability to |
3 | providers outside this Commonwealth; and further providing |
4 | for investigative disclosure or use of contents of wire, |
5 | electronic or oral communications or derivative evidence, for |
6 | requirements for governmental access and for issuance of an |
7 | order for use of certain devices. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Title 18 of the Pennsylvania Consolidated |
11 | Statutes is amended by adding a section to read: |
12 | Section 5701.1. Applicability to providers outside this |
13 | Commonwealth. |
14 | This chapter shall apply to providers of an electronic or |
15 | wire communication service located outside this Commonwealth if |
16 | they are engaged in transacting any business in this |
17 | Commonwealth as determined under 42 Pa.C.S. § 5322(a)(1) |
18 | (relating to bases of personal jurisdiction over persons outside |
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1 | this Commonwealth). |
2 | Section 2. Section 5717 of Title 18 is amended by adding a |
3 | subsection to read: |
4 | § 5717. Investigative disclosure or use of contents of wire, |
5 | electronic or oral communications or derivative |
6 | evidence. |
7 | * * * |
8 | (c) Otherwise authorized personnel.-- |
9 | (1) Except as provided under paragraph (2), any |
10 | investigative or law enforcement officer who, by any means |
11 | authorized by the laws of the Federal Government or another |
12 | state, has obtained knowledge of the contents of any wire, |
13 | electronic or oral communication, or evidence derived |
14 | therefrom, may disclose the contents or evidence to an |
15 | investigative or law enforcement officer and may disclose the |
16 | contents or evidence if otherwise admissible while giving |
17 | testimony under oath or affirmation in any proceeding in any |
18 | court of this Commonwealth. |
19 | (2) The contents of a nonconsensual interception |
20 | authorized by the laws of the Federal Government or another |
21 | state shall not be admissible unless the interception was |
22 | authorized by a court upon a finding of probable cause that |
23 | the target of the surveillance is engaged or will engage in a |
24 | violation of the criminal laws of the Federal Government or |
25 | any state. |
26 | Section 3. Sections 5743(d) and 5773(c) of Title 18 are |
27 | amended to read: |
28 | § 5743. Requirements for governmental access. |
29 | * * * |
30 | (d) Requirements for court order.--A court order for |
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1 | disclosure under subsection (b) or (c) shall be issued only if |
2 | the investigative or law enforcement officer shows that there |
3 | are specific and articulable facts showing that there are |
4 | reasonable grounds to believe that the contents of a wire or |
5 | electronic communication, or the records or other information |
6 | sought, are relevant and material to an ongoing criminal |
7 | investigation. A court issuing an order pursuant to this |
8 | section, on a motion made promptly by the service provider, may |
9 | quash or modify the order if the information or records |
10 | requested are unusually voluminous in nature or compliance with |
11 | the order would otherwise cause an undue burden on the provider. |
12 | An order issued under this subsection shall be sealed until |
13 | otherwise ordered by the court. |
14 | * * * |
15 | § 5773. Issuance of an order for use of certain devices. |
16 | * * * |
17 | (c) Time period and extensions.-- |
18 | (1) An order issued under this section shall authorize |
19 | the installation and use of a pen register, trap and trace |
20 | device or a telecommunication identification interception |
21 | device for a period not to exceed [30] 60 days. |
22 | (2) Extensions of such an order may be granted but only |
23 | upon an application for an order under section 5772 and upon |
24 | the judicial finding required by subsection (a). The period |
25 | of each extension shall be for a period not to exceed [30] 60 |
26 | days. |
27 | * * * |
28 | Section 4. This act shall take effect in 60 days. |
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