Pennsylvania Act 2018-94 — CRIMES CODE (18 PA.C.S.) - UNLAWFUL USE OF AN AUDIO OR VIDEO DEVICE IN COURT

Act text

Session of 2018

No. 2018-94

HB 149

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in obstructing governmental operations, providing for unlawful use of an audio or video device in court.

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

Section 1. Title 18 of the Pennsylvania Consolidated Statutes is amended by adding a section to read:

§ 5103.1. Unlawful use of an audio or video device in court.

(a) Offense defined.--A person commits an offense if the person in any manner and for any purpose uses or operates a device to capture, record, transmit or broadcast a photograph, video, motion picture or audio of a proceeding or person within a judicial facility or in an area adjacent to or immediately surrounding a judicial facility without the approval of the court or presiding judicial officer or except as provided by rules of court.

(b) Grading.--

(1) An offense under this section shall constitute a misdemeanor of the second degree.

(2) A second or subsequent offense shall constitute a misdemeanor of the first degree.

(c) Definition.--As used in this section, the term "judicial facility" means a courtroom, hearing room or judicial chambers used by the court to conduct trials or hearings or any other court-related business or any other room made available to interview witnesses. The term does not include the Pennsylvania State Capitol Building except for that portion of the Pennsylvania State Capitol Building designated by the Court Administrator of Pennsylvania, under the authority of the Supreme Court, as a judicial facility.

Section 2. This act shall take effect in 60 days.

APPROVED--The 24th day of October, A.D. 2018.

TOM WOLF