PENNSYLVANIA, September 29 - 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[.] or an agent under 61 Pa.C.S. §

6183 (relating to exception to prohibition of interception

and disclosure of communications).

* * *

Section 2. Title 61 is amended by adding a section to read:

§ 6183. Exception to prohibition of interception and disclosure

of communications.

An agent who has received training on the use of an

electronic, mechanical or other device that 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 may wear an

electronic, mechanical or other device in the performance of

official duties.

20220SB1345PN1947 - 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