Pennsylvania HB 2603: An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in Office of State Inspector General, further providing for powers, purpose and duties.

Bill Text

PRINTER'S NO. 3526
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2603
Session of
2026
INTRODUCED BY CIRESI, HANBIDGE, PASHINSKI, HILL-EVANS,
HOHENSTEIN AND D. WILLIAMS, JUNE 4, 2026
REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
JUNE 5, 2026
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in wiretapping and electronic
surveillance, further providing for definitions and providing
for wearable recording devices; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5702 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding definitions 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
context clearly indicates otherwise:
* * *
"Visual indicator." A light or device on a wearable
recording device that indicates that the device is capturing
sound or video.
"Wearable recording device." A device or apparatus that is
designed to be worn on or attached to the body that has the
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capacity to intercept and make sound or video recordings or
transmit data received by the device to another device, the
Internet or any other cloud-based service.
* * *
Section 2. Chapter 57 of Title 18 is amended by adding a
subchapter to read:
SUBCHAPTER D.1
WEARABLE RECORDING DEVICES
Sec.
5765.1. Visual indicators required.
5765.2. Notification required.
5765.3. Operation of wearable recording devices.
5765.4. Exceptions and penalties.
§ 5765.1. Visual indicators required.
(a) Prohibitions.--
(1) A person shall not manufacture, sell, deliver, hold
or offer for sale in commerce in this Commonwealth:
(i) A wearable recording device without a visual
indicator.
(ii) A device, computer code or other form of
technology that enables a person to disable a visual
indicator.
(2) A person shall not purchase, trade for or otherwise
acquire the device, computer code or other form of technology
described under paragraph (1).
(3) An individual in this Commonwealth shall not use any
technology or other means to permanently or temporarily
disable or obstruct a visual indicator.
(b) Reporting system.--A manufacturer of a wearable
recording device shall establish a system to receive reports
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about visual indicator malfunctions from members of the public.
§ 5765.2. Notification required.
Any retailer that sells a wearable recording device in this
Commonwealth must provide customers with a written notice
informing the customer of requirements under section 5765.3
(relating to operation of wearable recording devices). The
notice shall be separate from other information provided to
customers and shall be made clear and conspicuous for the
customer.
§ 5765.3. Operation of wearable recording devices.
(a) Recording of others.--An individual shall not operate a
wearable recording device to capture sound or video of any other
individual in any area where the other individual has a
reasonable expectation of privacy unless the individual
operating the device has the explicit consent of that other
individual.
(b) Visual indicator requirement.--An individual shall not
operate a wearable recording device to capture sound or video of
any other individual in any place without the other individual's
actual knowledge if:
(1) the wearable recording device does not have a visual
indicator; or
(2) the visual indicator of the recording device has
been permanently or temporarily disabled.
§ 5765.4. Exceptions and penalties.
(a) Exceptions.--This subchapter does not apply to:
(1) Law enforcement officers during a lawful criminal
investigation.
(2) Law enforcement officers or personnel of the
Department of Corrections or a local correctional facility,
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prison or jail for security purposes or during investigation
of alleged misconduct by an individual in the custody of the
Department of Corrections or local authorities.
(b) Offense.--Except as specified in subsections (a), (c)
and (d), a person that knowingly violates this subchapter is
guilty of a misdemeanor of the third degree.
(c) Penalty for violation of notification requirement.--A
retailer that knowingly violates section 5765.2 (relating to
notification required) shall be subject to the following
penalties:
(1) For a first violation, the Attorney General or
district attorney, where appropriate, shall contact the
retailer via certified mail and inform the retailer that
corrective action is required to comply with this subchapter.
Within 30 days of receipt of the letter, the retailer shall
contact the Attorney General or district attorney, where
appropriate, and document the corrective action taken to
comply with this section.
(2) I