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HB 2400 - Expands Wiretapping Authority - Key Vote

Pennsylvania Key Votes

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Legislation - Referred to Committee (Senate) -
Legislation - Bill Passed (House) (145-52) - (Key vote)

Title: Expands Wiretapping Authority

Vote Smart's Synopsis:

Vote to pass a bill that authorizes any individual who is party to wire, electronic, or oral communication to intercept or record such communication if it provides evidence of a violent crime.

Highlights:
  • Specifies that individuals should generally expect oral communication to be private unless any of the following are true (Sec. 1):
    • It is reasonable that a third party could overhear the individual;
    • Actual or constructive notice has been given to the individual, indicating that the conversation is, or may be, recorded; or
    • Equipment commonly used for video and audio recording is plainly visible.
  • Defines “constructive notice” as notice provided by any means sufficient to let an individual know that his or her words may be intercepted (Sec. 1).
  • Authorizes any individual to intercept any wire, electronic, or oral communication if the individual reasonably suspects that the intercepted party is committing, is about to commit, or has committed a violent crime or first-degree felony, and if there is reason to believe that evidence of this crime may be obtained from the interception (Sec. 2).
  • Authorizes any individual who is party to any wire, electronic, or oral communication that provides evidence of a violent crime or first-degree felony to disclose a recording of that communication to law enforcement (Sec. 7).
  • Authorizes a law enforcement official or any person acting at the direction of a law enforcement official to intercept a wire, electronic, or oral communication involving suspected criminal activity if the author has given consent or if both of the following are true (Sec. 2):
    • The communication was knowingly transmitted to a third party by its author; and
    • The law enforcement officer has legally obtained the communication from that third party or has legally obtained the device to which the communication was sent.
  • Authorizes a law enforcement official or any person acting at the direction of a law enforcement official to intercept a wire, electronic, or oral communication involving suspected criminal activity if there is reasonable cause to believe either of the following (Sec. 2):
    • The individual may resist with the use of weapons; or
    • The individual is threatening suicide or harm to himself or others.
  • Authorizes a law enforcement official to record and respond to communications on a legally-obtained device without disclosing his or her identity (Sec. 2).

 

See The Voting Record

Legislation - Introduced (House) -

Title: Expands Wiretapping Authority

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