Pennsylvania Act 1990-3 — CRIMES CODE (18 PA.C.S.) - AMEND

Act text

CRIMES CODE (18 PA.C.S.) - AMEND
                    Act of Feb. 2, 1990, P.L. 4, No. 3                Cl. 18
                             Session of 1990
                                No. 1990-3

     HB 682

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for wiretapping in
        relation to the offense of dealing in infant children.

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

        Section 1.  Section 5708(a) of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 5708.  Order authorizing interception of wire, electronic or
                    oral communications.
        (a)  Authorization.--Except in cases referred to in
     subsection (b), the Attorney General, or, during the absence or
     incapacity of the Attorney General, a deputy attorney general
     designated in writing by the Attorney General, or the district
     attorney or, during the absence or incapacity of the district
     attorney, an assistant district attorney designated in writing
     by the district attorney of the county wherein the interception
     is to be made, may make written application to any Superior
     Court judge for an order authorizing the interception of a wire,
     electronic or oral communication by the investigative or law
     enforcement officers or agency having responsibility for an
     investigation involving suspected criminal activities when such
     interception may provide evidence of the commission of any of
     the following offenses, or may provide evidence aiding in the
     apprehension of the perpetrator or perpetrators of any of the
     following offenses:
            (1)  Under this title:
                Section 911 (relating to corrupt organizations)
                Section 2501 (relating to criminal homicide)
                Section 2502 (relating to murder)
                Section 2503 (relating to voluntary manslaughter)
                Section 2706 (relating to terroristic threats)
                Section 2901 (relating to kidnapping)
                Section 3121 (relating to rape)
                Section 3123 (relating to involuntary deviate sexual
            intercourse)
                Section 3301 (relating to arson and related offenses)
                Section 3302 (relating to causing or risking
            catastrophe)
                Section 3502 (relating to burglary)
                Section 3701 (relating to robbery)
                Section 3921 (relating to theft by unlawful taking or
            disposition)
                Section 3922 (relating to theft by deception)
                Section 3923 (relating to theft by extortion)
                Section 4701 (relating to bribery in official and
            political matters)
                Section 4702 (relating to threats and other improper
            influence in official and political matters)
                Section 5512 (relating to lotteries, etc.)
                Section 5513 (relating to gambling devices, gambling,
            etc.)
                Section 5514 (relating to pool selling and
            bookmaking)
            (2)  Under this title, where such offense is dangerous to
        life, limb or property and punishable by imprisonment for
        more than one year:
                Section 3925 (relating to receiving stolen property)
                Section 3926 (relating to theft of services)
                Section 3927 (relating to theft by failure to make
            required disposition of funds received)
                Section 4108 (relating to commercial bribery and
            breach of duty to act disinterestedly)
                Section 4109 (relating to rigging publicly exhibited
            contest)
                Section 4305 (relating to dealing in infant children)
                Section 4902 (relating to perjury)
                Section 4909 (relating to witness or informant taking
            bribe)
                Section 4911 (relating to tampering with public
            records or information)
                Section 4952 (relating to intimidation of witnesses
            or victims)
                Section 4953 (relating to retaliation against witness
            or victim)
                Section 5101 (relating to obstructing administration
            of law or other governmental function)
                Section 5504 (relating to harassment by communication
            or address)
                Section 5902 (relating to prostitution and related
            offenses)
            (3)  Under the act of March 4, 1971 (P.L.6, No.2), known
        as the Tax Reform Code of 1971, where such offense is
        dangerous to life, limb or property and punishable by
        imprisonment for more than one year:
                Section 1272 (relating to sales of unstamped
            cigarettes)
                Section 1273 (relating to possession of unstamped
            cigarettes)
                Section 1274 (relating to counterfeiting)
            (4)  Any offense set forth under section 13(a) of the act
        of April 14, 1972 (P.L.233, No.64), known as The Controlled
        Substance, Drug, Device and Cosmetic Act, not including the
        offense described in clause (31) of section 13(a).
            (5)  Any offense set forth under the act of November 15,
        1972 (P.L.1227, No.272).
            (6)  Any conspiracy to commit any of the offenses set
        forth in this section.
        * * *
        Section 2.  This act shall take effect immediately.

     APPROVED--The 2nd day of February, A. D. 1990.

     ROBERT P. CASEY