Wearable recorders would need signals; private recording would need consent

People would need explicit consent to record others where they reasonably expect privacy and could not record unaware people with a missing or disabled visual indicator. The rules would cover body-worn or body-attached devices that can record sound or video or transmit what they receive. Law enforcement officers conducting lawful criminal investigations and law enforcement or corrections staff handling security or investigating alleged misconduct in custody would be exempt. A knowing violation would generally be a third-degree misdemeanor. These rules would take effect 60 days after enactment.

Manufacturers and sellers would have to provide a visual recording indicator, while people could not acquire disabling tools or block or disable the indicator. The restrictions would cover making or commercially handling these devices and disabling tools in Pennsylvania, as well as acquiring or using disabling tools in the state. Manufacturers would also have to accept public reports of indicator malfunctions. For a knowing manufacturer violation involving products made and sold, the fine would be $500 per product; a second violation within 12 months would carry $750 to $1,000 per product, and a third would carry $1,000 to $1,500 per product. Other knowing violations would generally be third-degree misdemeanors. These requirements would take effect 60 days after enactment.

Pennsylvania retailers would have to give each buyer a separate, clear written notice explaining the operating rules for wearable recording devices. The notice requirement would apply to retailers selling wearable recording devices in Pennsylvania. After a first knowing violation, the Attorney General or appropriate district attorney would send a certified letter requiring corrective action. Failure to respond on time, document the correction, or comply would count as a second violation and could bring a fine of up to $500. A third or later violation could bring a fine of up to $1,000. The requirement would take effect 60 days after enactment. The retailer would have 30 days after receiving the first letter to report and document its correction.