|
HARRISBURG – Senator Jeffrey E. Piccola (R-15) applauded members of the Senate Judiciary Committee today for approving Senate Bill 1555 – legislation that he has sponsored aimed at closing a loophole in Pennsylvania’s Wiretap Law which allowed criminal defense lawyers to obtain the cell phone records of Dauphin County District Attorney Ed Marsico and his First Assistant District Attorney, as well as state police investigators, without their knowledge or the knowledge of the presiding judge.
A Dauphin County Investigating Grand Jury charged Reverend Joseph Sica and Louis DeNaples with perjury earlier this year following allegations that they lied to the Gaming Control Board about their associations with organized crime. “Their lawyers’ access to the cell phone records of the district attorneys and State Police who were organized crime investigators sent shock waves throughout Pennsylvania’s law enforcement community,” said Piccola.
As a result of these events, Piccola took action and unveiled legislation to better protect Pennsylvania citizens. “This loophole goes beyond the release of records to police and prosecutors – it also allows litigants to obtain the cell phone and email records of private citizens without their knowledge and court review. We cannot expose specific individuals, such as domestic abuse victims or confidential police sources, to danger if such information is disclosed without their permission,” explained Piccola.
Senate Bill 1555 would amend the Wiretap Act to prohibit telephone companies from providing a customer’s calling records to anyone without a subpoena, court order, or a customer’s permission. An attorney in a civil matter must give notice to opposing a counsel in advance to give them a chance to contest the release of the information. However in criminal matters like the DeNaples and Sica case, lawyers do not have to inform the judge or the person whose records they are seeking.
“The Commonwealth’s law enforcement community, district attorneys, and victims’ advocacy organizations are also supporting this call to make necessary changes to the statute. It’s time we close this loophole once and for all and give personal information in criminal cases greater protection under the state’s Wiretap Act. Pennsylvanians deserve this protection,” Piccola said.
Similar legislation (House Bill 2726) has been introduced by Representative Mike Vereb (R-150/Montgomery County) in the House of Representatives.
|
