Pennsylvania House Bill HB1278

Pennsylvania 2023-2024 Regular Session

• Introduced: 5/30/23
• Refer: 5/30/23
• Refer: 6/28/23
• Report Pass: 9/22/23
• Refer: 9/26/23
• Report Pass: 9/27/23
• Engrossed: 10/16/23
• Refer: 10/19/23
• Refer: 11/15/23
• Report Pass: 12/11/23
• Refer: 12/12/23
• Report Pass: 12/12/23
• Enrolled: 12/14/23
• Chaptered: 12/14/23
• Passed: 12/14/23

Caption

In wiretapping and electronic surveillance, further providing for definitions and for exceptions to prohibition of interception and disclosure of communications, providing for public access and for Department of Corrections retention policy and further providing for expiration of chapter.

Impact

The proposed changes significantly impact legal standards related to privacy and surveillance within the justice system. By allowing agents of the Department of Corrections to monitor communications without prior court approval, the Bill aims to enhance the oversight of parole and supervised individuals, ostensibly to maintain public safety. However, it also raises concerns regarding the balance between surveillance and individual privacy rights. This legislation affects the legal landscape by potentially diminishing the expectations of privacy for those under state supervision.

Summary

House Bill 1278 aims to amend Pennsylvania’s laws regarding wiretapping and electronic surveillance, specifically by refining definitions and setting exceptions to the general prohibition against interception of communications. The bill grants the Department of Corrections wider authority to intercept and disclose communications involving individuals under their supervision. Additionally, it requires the development of a public access policy for audio and video recordings created by department agents, which is not subject to the Right-to-Know Law, instead following separate access procedures outlined in applicable statutes.

Sentiment

The reception of HB 1278 has been mixed among lawmakers and the public. Proponents argue that the bill serves public safety interests by improving the monitoring of parolees and offenders, paving the way for quicker intervention in cases of parole violations. Conversely, detractors express significant concerns about civil liberties, asserting that expanded surveillance powers may infringe on privacy rights and the rights of non-consenting individuals. The debate emphasizes a tension between ensuring safety and maintaining personal privacy.

Contention

Although the bill is structured to enhance regulatory oversight by the Department of Corrections, the implications concerning the interception of communications remain contentious. Critics highlight the absence of safeguards to protect the privacy rights of individuals and stress that the bill could empower law enforcement to act without sufficient checks. The potential for misuse of this authority and the lack of transparency and accountability in the new procedures are central themes in the discussions surrounding HB 1278.