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§ 5749. Retention of certain records

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: June 11, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses (Refs & Annos)
Article F. Offenses Against Public Order and Decency
Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
Subchapter C. Stored Wire and Electronic Communications and Transactional Records Access
Effective: June 11, 2002
18 Pa.C.S.A. § 5749
§ 5749. Retention of certain records
(a) Retention.--The commander shall maintain all recordings of oral communications intercepted under section 5704(16) (relating to exceptions to prohibition of interception and disclosure of communications) for a minimum of 31 days after the date of the interception. All recordings made under section 5704(16) shall be recorded over or otherwise destroyed no later than 90 days after the date of the recording unless any of the following apply:
(1) The contents of the recording result in the issuance of a citation. Except as otherwise authorized under this subsection, any recording maintained under this paragraph shall be recorded over or destroyed no later than 90 days after the conclusion of the proceedings related to the citation. All recordings under this paragraph shall be maintained in accordance with section 5714(a) (relating to recording of intercepted communications), except that monitors need not be certified under section 5724 (relating to training).
(2) The commander or a law enforcement officer on the recording believes that the contents of the recording or evidence derived from the recording may be necessary in a proceeding for which disclosure is authorized under section 5717 (relating to investigative disclosure or use of contents of wire, electronic or oral communications or derivative evidence) or 5721.1 (relating to evidentiary disclosure of contents of intercepted communication or derivative evidence) or in a civil proceeding. All recordings under this paragraph shall be maintained in accordance with section 5714(a), except that monitors need not be certified under section 5724.
(3) A criminal defendant who is a participant on the recording reasonably believes that the recording may be useful for its evidentiary value at some later time in a specific criminal proceeding and, no later than 30 days following the filing of criminal charges, provides written notice to the commander indicating a desire that the recording be maintained. The written notice must specify the date, time and location of the recording; the names of the parties involved; and, if known, the case docket number.
(4) An individual who is a participant on the recording intends to pursue a civil action or has already initiated a civil action and, no later than 30 days after the date of the recording, gives written notice to the commander indicating a desire that the recording be maintained. The written notice must specify the date, time and location of the recording; the names of the parties involved; and, if a civil action has been initiated, the case caption and docket number.
(5) The commander intends to use the recording for training purposes.
(b) Disclosure.--In addition to any disclosure authorized under sections 5717 and 5721.1, any recording maintained:
(1) Under subsection (a)(4) shall be disclosed pursuant to an order of court or as required by the Pennsylvania Rules of Civil Procedure or the Pennsylvania Rules of Evidence; and
(2) Under subsection (a)(5) shall be disclosed consistent with written consent obtained from the law enforcement officer and all participants.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Commander.” The:
(1) commissioner or a designee, if the recording at issue was made by a member of the Pennsylvania State Police; or
(2) chief or a designee of the law enforcement agency which made the recording at issue.
“Law enforcement officer.” A member of the Pennsylvania State Police or an individual employed as a police officer who is required to be trained under 53 Pa.C.S. Ch. 21 Subch. D1 (relating to municipal police education and training).

Credits

2002, June 11, P.L. 370, No. 53, § 1, imd. effective.

Footnotes

53 Pa.C.S.A. § 2161 et seq.
18 Pa.C.S.A. § 5749, PA ST 18 Pa.C.S.A. § 5749
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
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