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.

PRINTER'S NO.   489

                     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

     REFERRED TO JUDICIARY, MARCH 26, 2025


                                    AN ACT
 1   Amending Titles 18 (Crimes and Offenses), 30 (Fish), 34 (Game)
 2      and 42 (Judiciary and Judicial Procedure) of the Pennsylvania
 3      Consolidated Statutes, in wiretapping and electronic
 4      surveillance, further providing for definitions and repealing
 5      provisions relating to public access; in enforcement relating
 6      to fish, further providing for powers and duties of waterways
 7      conservation officers and deputies; in enforcement relating
 8      to game, further providing for powers and duties of
 9      enforcement officers; in recordings by law enforcement
10      officers, further providing for definitions and for audio
11      recording or video recording policies.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    The definition of "oral communication" in section
15   5702 of Title 18 of the Pennsylvania Consolidated Statutes is
16   amended to read:
17   § 5702.    Definitions.
18      As used in this chapter, the following words and phrases
19   shall have the meanings given to them in this section unless the
20   context clearly indicates otherwise:
21      * * *
22      "Oral communication."    Any oral communication uttered by a
 1   person possessing an expectation that such communication is not
 2   subject to interception under circumstances justifying such
 3   expectation. The term does not include the following:
 4          (1)   An electronic communication.
 5          (2)   A communication made in the presence of a law
 6      enforcement officer on official duty who is in uniform or
 7      otherwise clearly identifiable as a law enforcement officer
 8      and who is using an electronic, mechanical or other device
 9      which has been approved under section 5706(b)(4) (relating to
10      exceptions to prohibitions in possession, sale, distribution,
11      manufacture or advertisement of electronic, mechanical or
12      other devices) to intercept the communication in the course
13      of law enforcement duties. As used in this paragraph only,
14      "law enforcement officer" means [a member of the Pennsylvania
15      State Police, an individual employed as a police officer who
16      holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D
17      (relating to municipal police education and training), a
18      sheriff or a deputy sheriff.
19          (3)   A communication made in the presence of an agent, as
20      defined in 61 Pa.C.S. § 6101 (relating to definitions), who
21      meets all of the following:
22                (i)    Is clearly identifiable and on official duty.
23                (ii)    Is using an electronic, mechanical or other
24          device that has been approved under section 5706(b)(4) to
25          intercept a wire, electronic or oral communication in the
26          course of official duties.
27                (iii)    Has received training on the device.
28                (iv)    Has provided prior written notice to a person
29          under the lawful supervision of State parole that an
30          agent, as defined in 61 Pa.C.S. § 6101, may intercept

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 1        communications with the person.
 2        (4)   A communication made in the presence of an
 3    individual employed in the Department of Corrections, Bureau
 4    of Investigations and Intelligence holding a police officer
 5    commission under the act of May 21, 1943 (P.L.469, No.210),
 6    entitled "An act providing for commissioning as police
 7    officers certain employes of institutions maintained in whole
 8    or in part by the Commonwealth; conferring upon them the
 9    powers of constables in certain cases; and imposing duties on
10    wardens and keepers of jails, police stations and lock-ups,"
11    who meets all of the following:
12              (i)    Is clearly identifiable and on official duty.
13              (ii)    Is using an electronic, mechanical or other
14        device that has been approved under section 5706(b)(4) to
15        intercept a wire, electronic or oral communication in the
16        course of official duties.
17              (iii)    Has received training on the device.
18              (iv)    Is not intercepting a communication from inside
19        the residence of an employee of the Department of
20        Corrections without the consent of the employee or prior
21        court approval.] any of the following:
22              (i)    A member of the Pennsylvania State Police.
23              (ii)    An individual employed as a police officer who
24        holds a current certificate under 53 Pa.C.S. Ch. 21
25        Subch. D (relating to municipal police education and
26        training).
27              (iii)    An agent of the Office of Attorney General as
28        described under paragraph (2) of the definition of
29        "enforcement officer" in 71 Pa.C.S. § 5102 (relating to
30        definitions).

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 1               (iv)    A sheriff or a deputy sheriff.
 2               (v)    Waterways conservation officers or deputy
 3          waterways conservation officers as the terms are defined
 4          under 30 Pa.C.S. § 102 (relating to definitions).
 5               (vi)    An officer as defined under 34 Pa.C.S. § 102
 6          (relating to definitions).
 7               (vii)    An individual employed by the Department of
 8          Conservation and Natural Resources who is vested with
 9          powers of arrest under section 302(c) or 303(a)(7) of the
10          act of June 28, 1995 (P.L.89, No.18), known as the
11          Conservation and Natural Resources Act.
12               (viii)    An agent as defined in 61 Pa.C.S. § 6101
13          (relating to definitions).
14               (ix)    An individual employed by the Department of
15          Corrections Bureau of Investigations and Intelligence
16          holding a police officer commission under the act of May
17          21, 1943 (P.L.469, No.210), entitled "An act providing
18          for commissioning as police officers certain employes of
19          institutions maintained in whole or in part by the
20          Commonwealth; conferring upon them the powers of
21          constables in certain cases; and imposing duties on
22          wardens and keepers of jails, police stations and lock-
23          ups."
24      * * *
25      Section 2.     Section 5729 of Title 18 is repealed:
26   [§ 5729.   Public access.
27      A request for access to audio and video recordings made by an
28   agent, as defined in 61 Pa.C.S. § 6101 (relating to
29   definitions), under this chapter shall not be subject to the act
30   of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

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 1   Law, and shall follow the access procedures provided for under
 2   42 Pa.C.S. Ch. 67A (relating to recordings by law enforcement
 3   officers).]
 4      Section 3.     Section 901(c) of Title 30 is amended to read:
 5   § 901.    Powers and duties of waterways conservation officers and
 6                 deputies.
 7      * * *
 8      [(c)     Exception to the prohibition of interception and
 9   disclosure of communications.--A waterways conservation officer
10   whose duty it is to enforce this title and who has received
11   training on the use of body cameras in a course approved by the
12   Pennsylvania State Police shall be defined as a law enforcement
13   officer for the purpose of 18 Pa.C.S. § 5704(16)(iii) (relating
14   to exceptions to prohibition of interception and disclosure of
15   communications). Such waterways conservation officers may wear
16   body cameras in the performance of their official duties. This
17   subsection shall not apply to a deputy waterways conservation
18   officer.]
19      Section 4.     Section 901(b.1) of Title 34 is amended to read:
20   § 901.    Powers and duties of enforcement officers.
21      * * *
22      [(b.1)     Exception to the prohibition of interception and
23   disclosure of communications.--An officer whose duty it is to
24   enforce this title and who has received training on the use of
25   an electronic, mechanical or other device which has been
26   approved under 18 Pa.C.S. § 5706(b)(4) (relating to exceptions
27   to prohibitions in possession, sale, distribution, manufacture
28   or advertisement of electronic, mechanical or other devices) in
29   a course approved by the Pennsylvania State Police shall be an
30   investigative or law enforcement officer as defined under 18

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 1   Pa.C.S. § 5702 (relating to definitions). Such officers may wear
 2   an electronic, mechanical or other device in the performance of
 3   their official duties. This subsection shall not apply to a
 4   deputy Game Commission officer or deputy wildlife conservation
 5   officer.]
 6      * * *
 7      Section 5.    The definition of "law enforcement officer" in
 8   section 67A01 of Title 42 is amended to read:
 9   § 67A01.    Definitions.
10      The following words and phrases when used in this chapter
11   shall have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      * * *
14      "Law enforcement officer."    [A member of the Pennsylvania
15   State Police, an individual employed as a police officer who
16   holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D
17   (relating to municipal police education and training), a sheriff
18   or a deputy sheriff.] Any of the following:
19          (1)    A member of the Pennsylvania State Police.
20          (2)    An individual employed as a police officer who holds
21      a current certificate under 53 Pa.C.S. Ch. 21 Subch. D
22      (relating to municipal police education and training).
23          (3)    An agent of the Office of Attorney General as
24      described under paragraph (2) of the definition of
25      "enforcement officer" in 71 Pa.C.S. § 5102 (relating to
26      definitions).
27          (4)    A sheriff or a deputy sheriff.
28          (5)    Waterways conservation officers or deputy waterways
29      conservation officers as the terms are defined under 30
30      Pa.C.S. § 102 (relating to definitions).

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 1            (6)   An officer as defined under 34 Pa.C.S. § 102
 2      (relating to definitions).
 3            (7)   An individual employed by the Department of
 4      Conservation and Natural Resources who is vested with powers
 5      of arrest under section 302(c) or 303(a)(7) of the act of
 6      June 28, 1995 (P.L.89, No.18), known as the Conservation and
 7      Natural Resources Act.
 8            (8)   An agent as defined in 61 Pa.C.S. § 6101 (relating
 9      to definitions).
10            (9)   An individual employed by the Department of
11      Corrections Bureau of Investigations and Intelligence holding
12      a police officer commission under the act of May 21, 1943
13      (P.L.469, No.210), entitled "An act providing for
14      commissioning as police officers certain employes of
15      institutions maintained in whole or in part by the
16      Commonwealth; conferring upon them the powers of constables
17      in certain cases; and imposing duties on wardens and keepers
18      of jails, police stations and lock-ups."
19      * * *
20      Section 6.    Section 67A07(a) introductory paragraph of Title
21   42 is amended to read:
22   § 67A07.    Audio recording or video recording policies.
23      (a)     Policies.--A [municipal] law enforcement agency [or
24   sheriff] that makes audio recordings or video recordings of
25   communications under circumstances within paragraph (2) of the
26   definition of "oral communication" in 18 Pa.C.S. § 5702
27   (relating to definitions) shall comply with the guidelines
28   established under 18 Pa.C.S. § 5706(b)(4), (5) and (6) (relating
29   to exceptions to prohibitions in possession, sale, distribution,
30   manufacture or advertisement of electronic, mechanical or other

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1   devices) and shall establish written policies, which shall be
2   public, for the following:
3          * * *
4      Section 7.   This act shall take effect in 60 days.




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