Pennsylvania SB 520: An Act amending Titles 18 (Crimes and Offenses), 30 (Fish), 34 (Game), 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in wiretapping and electronic surveillance, further providing for definitions and repealing provisions relating to public access; in enforcement relating to fish, further providing for powers and duties of waterways conservation officers and deputies; in enforcement relating to game, further providing for powers and duties of enforcement officers; in recordings by law enforcement officers, further providing for definitions and for audio recording or video recording policies; in Pennsylvania Board of Probation and Parole, further providing for powers and duties of Department of Corrections; and making transfers between the State Gaming Fund and certain restricted accounts.

Bill Text

PRIOR PRINTER'S NOS. 489, 1008 PRINTER'S NO. 1010
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 520
Session of
2025
INTRODUCED BY BAKER, PENNYCUICK, ROBINSON, BARTOLOTTA, BROWN,
COSTA, KANE, J. WARD, MILLER, STEFANO, SCHWANK AND DUSH,
MARCH 26, 2025
AS AMENDED ON THIRD CONSIDERATION, JUNE 25, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses), 30 (Fish), 34 (Game)
and 42 (Judiciary and Judicial Procedure), 42 (JUDICIARY AND
JUDICIAL PROCEDURE) AND 61 (PRISONS AND PAROLE) of the
Pennsylvania Consolidated Statutes, in wiretapping and
electronic surveillance, further providing for definitions
and repealing provisions relating to public access; in
enforcement relating to fish, further providing for powers
and duties of waterways conservation officers and deputies;
in enforcement relating to game, further providing for powers
and duties of enforcement officers; in recordings by law
enforcement officers, further providing for definitions and
for audio recording or video recording policies; IN
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, FURTHER PROVIDING
FOR POWERS AND DUTIES OF DEPARTMENT OF CORRECTIONS; and
making transfers between the State Gaming Fund and certain
restricted accounts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "oral communication" in section
5702 of Title 18 of the Pennsylvania Consolidated Statutes is
amended to read:
§ 5702. Definitions.
As used in this chapter, the following words and phrases
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
* * *
"Oral communication." Any oral communication uttered by a
person possessing an expectation that such communication is not
subject to interception under circumstances justifying such
expectation. The term does not include the following:
(1) An electronic communication.
(2) A communication made in the presence of a law
enforcement officer on official duty who is in uniform or
otherwise clearly identifiable as a law enforcement officer
and who is using an electronic, mechanical or other device
which has been approved under section 5706(b)(4) (relating to
exceptions to prohibitions in possession, sale, distribution,
manufacture or advertisement of electronic, mechanical or
other devices) to intercept the communication in the course
of law enforcement duties. As used in this paragraph only,
"law enforcement officer" means [a member of the Pennsylvania
State Police, an individual employed as a police officer who
holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D
(relating to municipal police education and training), a
sheriff or a deputy sheriff.
(3) A communication made in the presence of an agent, as
defined in 61 Pa.C.S. § 6101 (relating to definitions), who
meets all of the following:
(i) Is clearly identifiable and on official duty.
(ii) Is using an electronic, mechanical or other
device that has been approved under section 5706(b)(4) to
intercept a wire, electronic or oral communication in the
course of official duties.
(iii) Has received training on the device.
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(iv) Has provided prior written notice to a person
under the lawful supervision of State parole that an
agent, as defined in 61 Pa.C.S. § 6101, may intercept
communications with the person.
(4) A communication made in the presence of an
individual employed in the Department of Corrections, Bureau
of Investigations and Intelligence holding a police officer
commission under the act of May 21, 1943 (P.L.469, No.210),
entitled "An act providing for commissioning as police
officers certain employes of institutions maintained in whole
or in part by the Commonwealth; conferring upon them the
powers of constables in certain cases; and imposing duties on
wardens and keepers of jails, police stations and lock-ups,"
who meets all of the following:
(i) Is clearly identifiable and on official duty.
(ii) Is using an electronic, mechanical or other
device that has been approved under section 5706(b)(4) to
intercept a wire, electronic or oral communication in the
course of official duties.
(iii) Has received training on the device.
(iv) Is not intercepting a communication from inside
the residence of an employee of the Department of
Corrections without the consent of the employee or prior
court approval.] any of the following:
(i) A member of the Pennsylvania State Police.
(ii) An individual employed as a police officer who
holds a current certificate under 53 Pa.C.S. Ch. 21
Subch. D (relating to municipal police education and
training).
(iii) An agent of the Office of Attorney General as
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described under paragraph (2) of the definition of
"enforcement officer" in 71 Pa.C.S. § 5102 (relat