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
Amending Titles 18 (Crimes and Offenses), 30 (Fish), 34 (Game)
and 42 (Judiciary and Judicial Procedure) 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.
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
context clearly indicates otherwise:
* * *
"Oral communication." Any oral communication uttered by a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 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.
(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
20250SB0520PN0489 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 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
described under paragraph (2) of the definition of
"enforcement officer" in 71 Pa.C.S. § 5102 (relating to
definitions).
20250SB0520PN0489 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 (iv) A sheriff or a deputy sheriff.
(v) Waterways conservation officers or deputy
waterways conservation officers as the terms are defined
under 30 Pa.C.S. § 102 (relating to definitions).
(vi) An officer as defined under 34 Pa.C.S. § 102
(relating to definitions).
(vii) An individual employed by the Department of
Conservation and Natural Resources who is vested with
powers of arrest under section 302(c) or 303(a)(7) of the
act of June 28, 1995 (P.L.89, No.18), known as the
Conservation and Natural Resources Act.
(viii) An agent as defined in 61 Pa.C.S. § 6101
(relating to definitions).
(ix) An individual employed by 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."
* * *
Section 2. Section 5729 of Title 18 is repealed:
[§ 5729. Public access.
A request for access to audio and video recordings made by an
agent, as defined in 61 Pa.C.S. § 6101 (relating to
definitions), under this chapter shall not be subject to the act
of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
20250SB0520PN0489 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Law, and shall follow the access procedures provided for under
42 Pa.C.S. Ch. 67A (relating to recordings by law enforcement
officers).]
Section 3. Section 901(c) of Title 30 is amended to read:
§ 901. Powers and duties of waterways conservation officers and
deputies.
* * *
[(c) Exception to the prohibition of interception and
disclosure of communications.--A waterways conservation officer
whose duty it is to enforce this title and who has received
training on the use of body cameras in a course approved by the
Pennsylvania State Police shall be defined as a law enforcement
officer for the purpose of 18 Pa.C.S. § 5704(16)(iii) (relating
to exceptions to prohibition of interception and disclosure of
communications). Such waterways conservation officers may wear
body cameras in the performance of their official duties. This
subsection shall not apply to a deputy waterways conservation
officer.]
Section 4. Section 901(b.1) of Title 34 is amended to read:
§ 901. Powers and duties of enforcement officers.
* * *
[(b.1) Exception to the prohibition of interception and
disclosure of communications.--An officer whose duty it is to
enforce this title and who has received training on the use of
an electronic, mechanical or other device which has been
approved under 18 Pa.C.S. § 5706(b)(4) (relating to exceptions
to prohibitions in possession, sale, distribution, manufacture
or advertisement of electronic, mechanical or other devices) in
a course approved by the Pennsylvania State Police shall be an
investigative or law enforcement officer as defined under 18
20250SB0520PN0489 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Pa.C.S. § 5702 (relating to definitions) . Such officers may wear
an electronic, mechanical or other device in the performance of
their official duties. This subsection shall not apply to a
deputy Game Commission officer or deputy wildlife conservation
officer.]
* * *
Section 5. The definition of "law enforcement officer" in
section 67A01 of Title 42 is amended to read:
§ 67A01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Law enforcement officer." [ 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. ] Any of the following:
(1) A member of the Pennsylvania State Police.
(2) 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).
(3) An agent of the Office of Attorney General as
described under paragraph (2) of the definition of
"enforcement officer" in 71 Pa.C.S. § 5102 (relating to
definitions).
(4) A sheriff or a deputy sheriff.
(5) Waterways conservation officers or deputy waterways
conservation officers as the terms are defined under 30
Pa.C.S. § 102 (relating to definitions).
20250SB0520PN0489 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 (6) An officer as defined under 34 Pa.C.S. § 102
(relating to definitions).
(7) An individual employed by the Department of
Conservation and Natural Resources who is vested with powers
of arrest under section 302(c) or 303(a)(7) of the act of
June 28, 1995 (P.L.89, No.18), known as the Conservation and
Natural Resources Act.
(8) An agent as defined in 61 Pa.C.S. § 6101 (relating
to definitions).
(9) An individual employed by 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."
* * *
Section 6. Section 67A07(a) introductory paragraph of Title
42 is amended to read:
§ 67A07. Audio recording or video recording policies.
(a) Policies.--A [municipal] law enforcement agency [ or
sheriff] that makes audio recordings or video recordings of
communications under circumstances within paragraph (2) of the
definition of "oral communication" in 18 Pa.C.S. § 5702
(relating to definitions) shall comply with the guidelines
established under 18 Pa.C.S. § 5706(b)(4), (5) and (6) (relating
to exceptions to prohibitions in possession, sale, distribution,
manufacture or advertisement of electronic, mechanical or other
20250SB0520PN0489 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 devices) and shall establish written policies, which shall be
public, for the following:
* * *
Section 7. This act shall take effect in 60 days.
20250SB0520PN0489 - 8 -
1
2
3
4