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PA CHIEFS OF POLICE ASSOCIATION
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BULLETIN
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WINTER 2016
www.pachiefs.orgSB 535, RADAR
This bill passed the Senate with an
overwhelming vote of 47 – 3. The bill
was referred to the House Transporta-
tion Committee and no further action
took place in the House.
This bill pro-
vided that Title 75, Section 3368 (c) be
amended to add that any police officer
may use radar. The officer must be
trained and there was also a provision
for Lidar.
HB 1538 – PROHIBITING
RELEASE OF OFFICERS NAMES –
USE OF FORCE
(PN 2509) Amends Title 44 (Law and
Justice) adding a new chapter relating
to the release of law enforcement of-
ficer information when a firearm is
discharged or force is used. Provides
that pending the conclusion of an of-
ficial investigation that involves the dis-
charge of a firearm or use of force by a
law enforcement officer during the per-
formance of the officer's official duties,
the name and identifying information
of the officer may not be released to the
public by any public official or public
employee conducting or participating
in the official investigation or any per-
son acting on behalf of such official or
employee. Further provides that after
the conclusion of the official investiga-
tion, the officer's name and identifying
information shall be released to the pub-
lic if the officer is charged with a crimi-
nal offense relating to the discharge of
the weapon or use of force. If the law
enforcement officer is not charged with
a criminal offense relating to the dis-
charge of the firearm or the use of force,
the law enforcement officer's name and
identifying information may not be re-
leased to the public, if the release of the
information can reasonably be expected
to create a risk of harm to the person or
property of the law enforcement officer
or an immediate family member of the
law enforcement officer. (Prior Printer
Number: 2173)
THIS BILL PASSED
THE SENATE AND THE HOUSE
AND WAS VETOED BY GOVER-
NOR WOLF on November 21, 2016.
SB 976 – BODY CAMS
(PN 2165) Amends Titles 18 (Crimes
and Offenses) and 42 (Judiciary and Ju-
dicial Procedure), in Title 18, in wire-
tapping and electronic surveillance,
further providing for definition of "oral
communication", for exceptions to pro-
hibition of interception and disclosure
of communications to include oral,
electronic or wire communications, and
for exceptions to prohibitions in posses-
sion, sale, distribution, manufacture or
advertisement of electronic, mechanical
or other devices; and adding a chapter
to Title 42 providing for recordings by
law enforcement officers. Persons who
are engaging in an oral, electronic or
wire communication with an inmate
shall be notified that the communica-
tion may be recorded or monitored. Ef-
fective in 60 days. (Prior Printer Num-
ber: 1205, 1372)
(PN 2165) Amends Titles 18 (Crimes
and Offenses) and 42 (Judiciary and Ju-
dicial Procedure), in Title 18, in wire-
tapping and electronic surveillance,
further providing for definition of "oral
communication", for exceptions to pro-
hibition of interception and disclosure
of communications to include oral,
electronic or wire communications, and
for exceptions to prohibitions in posses-
sion, sale, distribution, manufacture or
advertisement of electronic, mechanical
or other devices; and adding a chapter
to Title 42 providing for recordings by
law enforcement officers. Persons who
are engaging in an oral, electronic or
wire communication with an inmate
shall be notified that the communica-
tion may be recorded or monitored. Ef-
fective in 60 days. (Prior Printer Num-
ber: 1205, 1372)
(PN 1372) Amends Title 18 (Crimes
and Offenses) adding exceptions to the
Wiretap Act to allow law enforcement
officers to record communications with
another person when the communica-
tions occur in a police interrogation
room as long as there is a visible sign
warning that communications may be
recorded and the officer is in uniform
or clearly identifiable as a police officer.
Also adds language providing an officer
may record an oral communication be-
tween individual inside a residence if the
officer is executing an arrest or search
warrant; if an individual with actual or
apparent authority has consented to the
recording; and if exigent circumstances
LEGISLATIVE REPORT FOR
DECEMBER 2016
LEGISLATIVE REPORT FOR DECEMBER 2016
The following is a list of bills that were of particular interest
to the Pennsylvania Chiefs of Association. The Session of 2015
ended on December 1, 2016 and no further activities are expected
to occur until the beginning of the 2017 Session on January 3,
2017. This list does NOT consist of ALL bills related to police and
criminal justice matters as there are numerous bills that were filed
and received no action. If you know of any bills of interest as the
new session starts, please do not hesitate to contact Jerry Miller
at headquarters to get an update.