HB 2299 — An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in wiretapping and electronic surveillance, further providing for definitions; and, in recordings by law enforcement officers, further providing for definitions.

PRINTER'S NO.     3019

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2299
                                               Session of
                                                 2026

     INTRODUCED BY BIZZARRO, N. NELSON, WAXMAN, HILL-EVANS, GUENST,
        CONKLIN, GOUGHNOUR, CEPEDA-FREYTIZ, PIELLI, HADDOCK AND
        GUZMAN, MARCH 18, 2026

     REFERRED TO COMMITTEE ON JUDICIARY, MARCH 18, 2026


                                    AN ACT
 1   Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
 2      Judicial Procedure) of the Pennsylvania Consolidated
 3      Statutes, in wiretapping and electronic surveillance, further
 4      providing for definitions; and, in recordings by law
 5      enforcement officers, further providing for definitions.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    The definition of "oral communication" in section
 9   5702 of Title 18 of the Pennsylvania Consolidated Statutes,
10   amended November 24, 2025 (P.L.326, No.53), is amended to read:
11   § 5702.    Definitions.
12      As used in this chapter, the following words and phrases
13   shall have the meanings given to them in this section unless the
14   context clearly indicates otherwise:
15      * * *
16      "Oral communication."    Any oral communication uttered by a
17   person possessing an expectation that such communication is not
18   subject to interception under circumstances justifying such
19   expectation. The term does not include the following:
 1        (1)   An electronic communication.
 2        (2)   A communication made in the presence of a law
 3    enforcement officer on official duty who is in uniform or
 4    otherwise clearly identifiable as a law enforcement officer
 5    and who is using an electronic, mechanical or other device
 6    which has been approved under section 5706(b)(4) (relating to
 7    exceptions to prohibitions in possession, sale, distribution,
 8    manufacture or advertisement of electronic, mechanical or
 9    other devices) to intercept the communication in the course
10    of law enforcement duties. As used in this paragraph only,
11    "law enforcement officer" means any of the following:
12              (i)    A member of the Pennsylvania State Police.
13              (ii)    An individual employed as a police officer who
14        holds a current certificate under 53 Pa.C.S. Ch. 21
15        Subch. D (relating to municipal police education and
16        training).
17              (iii)    An agent of the Office of Attorney General as
18        described under paragraph (2) of the definition of
19        "enforcement officer" in 71 Pa.C.S. § 5102 (relating to
20        definitions).
21              (iv)    A sheriff or a deputy sheriff.
22              (v)    Waterways conservation officers or deputy
23        waterways conservation officers as the terms are defined
24        under 30 Pa.C.S. § 102 (relating to definitions).
25              (vi)    An officer as defined under 34 Pa.C.S. § 102
26        (relating to definitions).
27              (vii)    An individual employed by the Department of
28        Conservation and Natural Resources who is vested with
29        powers of arrest under section 302(c) or 303(a)(7) of the
30        act of June 28, 1995 (P.L.89, No.18), known as the

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 1           Conservation and Natural Resources Act.
 2                  (viii)    An agent as defined in 61 Pa.C.S. § 6101
 3           (relating to definitions).
 4                  (ix)    An individual employed by the Department of
 5           Corrections Bureau of Investigations and Intelligence
 6           holding a police officer commission under the act of May
 7           21, 1943 (P.L.469, No.210), entitled "An act providing
 8           for commissioning as police officers certain employes of
 9           institutions maintained in whole or in part by the
10           Commonwealth; conferring upon them the powers of
11           constables in certain cases; and imposing duties on
12           wardens and keepers of jails, police stations and lock-
13           ups," provided that the individual is not intercepting
14           the communication from inside the residence of an
15           employee of the Department of Corrections without the
16           consent of the employee or prior court approval.
17                  (x)    An officer as defined under 42 Pa.C.S. § 9911
18           (relating to definitions).
19      * * *
20      Section 2.        The definition of "law enforcement officer" in
21   section 67A01 of Title 42 is amended by adding a paragraph to
22   read:
23   § 67A01.   Definitions.
24      The following words and phrases when used in this chapter
25   shall have the meanings given to them in this section unless the
26   context clearly indicates otherwise:
27      * * *
28      "Law enforcement officer."        Any of the following:
29           * * *
30           (10)    An officer as defined under section 9911 (relating

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1     to definitions).
2     * * *
3     Section 3.    This act shall take effect in 60 days.




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