2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5749 - Retention of certain records.

     § 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. D
     (relating to municipal police education and training).
     (June 11, 2002, P.L.370, No.53, eff. imd.)

        2002 Amendment.  Act 53 added section 5749. Section 3 of Act
     53 provided that section 5749 shall apply upon the enactment of
     a statute providing for the intercepting and recording of oral
     communications under 18 Pa.C.S. § 5704. Act 52 of 2002,
     effective June 11, 2002, added provisions relating to the
     intercepting and recording of oral communications under 18
     Pa.C.S. § 5704.
        References in Text.  The reference to "commissioner" in par.
     (1) of the def. of "commander" in subsec. (c) probably should
     have been a reference to Commissioner of the Pennsylvania State
     Police.
        Cross References.  Section 5749 is referred to in section
     5782 of this title.