act-1996-0-186•Pennsylvania Act 1996-186 — CRIMES CODE (18 PA.C.S.) - AMEND
Pennsylvania Act 1996-186 — CRIMES CODE (18 PA.C.S.) - AMEND
act-1996-0-1861996 Pa. Act 186Law
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
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