BILL NUMBER: AB 2210 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2010
INTRODUCED BY Assembly Member Fuentes
FEBRUARY 18, 2010
An act to add Section 633.8 to the Penal Code, relating to
interception of communications.
LEGISLATIVE COUNSEL'S DIGEST
AB 2210, as amended, Fuentes. Intercepted communications: hostage
taking and barricading.
Existing law prohibits a person from intentionally eavesdropping
or recording a confidential communication by means of any electronic
amplifying device or recording device without the consent of all
parties to the communication. Under existing law, specified law
enforcement agents may make a written application to a judge to
authorize the interception of a wire, electronic pager, or electronic
cellular telephone communication. In certain instances the
application can be made informally and granted orally if an emergency
situation exists, as specified.
This bill would authorize a peace officer who is authorized by a
county district attorney or the Attorney General to authorize the use
of an electronic amplifying or recording device to eavesdrop on or
record, or both, any oral communication in an emergency
situation involving the taking of hostages or the barricading of a
location if the peace officer has probable cause to believe an
emergency situation exists that requires communications be
intercepted before an order authorizing the interception can be
obtained , that the emergency situation requires that
the eavesdropping occur immediately, and that there are grounds upon
which an order could be obtained in regard to certain specified
offenses . This bill would require a written application to be
made seeking to authorize the interception
eavesdropping within 48 hours.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 633.8 is added to the Penal Code, to read:
633.8. (a) It is the intent of the Legislature in enacting this
section to provide law enforcement with the ability to use electronic
amplifying or recording devices to eavesdrop and record the
otherwise confidential oral communications of individuals within a
location when responding to an emergency situation that involves the
taking of a hostage or the barricading of a location. It is the
intent of the Legislature that intercepting
eavesdropping on oral communications pursuant to this section
comply with paragraph (7) of Section 2518 of Title 18 of the United
States Code authorizing communication interceptions in
emergency situations .
(b) Notwithstanding the provisions of this chapter, and in
accordance with federal law, a designated peace officer described in
subdivision (c) may use, or authorize the use of, an electronic
amplifying or recording device to eavesdrop on or record, or both,
any oral communication within a particular location in
response to an emergency situation involving the taking of a hostage
or hostages or the barricading of a location if the
designated peace officer determines both all of
the following conditions are satisfied :
(1) There is probable cause to believe The
officer reasonably determines that an emergency situation
exists involving the immediate danger of death or serious physical
injury to any person, as defined in within
the meaning of Section 2518(7)(a)(i) of Title 18 of the United
States Code.
(2) That the emergency situation requires that communications be
intercepted before an order authorizing the interception can, with
due diligence, be obtained.
(2) The officer determines that the emergency situation requires
that the eavesdropping on oral communication occur immediately.
(3) There are grounds upon which an order could be obtained
pursuant to Section 2516(2) of Title 18 of the United States Code in
regard to the offenses enumerated therein.
(c) Only a peace officer who has been designated by either a
district attorney in the county where the emergency exists, or by the
Attorney General to make the necessary determinations pursuant to
paragraphs (1) and (2) , (2), and (3)
of subdivision (b) may make those determinations for purposes of this
section.
(d) If the determination is made by a designated peace officer
described in subdivision (c) that an emergency situation exists, a
peace officer shall not be required to knock and announce his or her
presence before entering, installing, and using any electronic
amplifying or recording devices.
(e) If the determination is made by a designated peace officer
described in subdivision (c) that an emergency situation exists and
communications are intercepted overheard
, an application for an order approving the
interception eavesdropping shall be made within
48 hours of the beginning of the interception
eavesdropping and shall comply with the requirements of
Section 629.50. A court may grant an application authorizing the
use of electronic amplifying or recording devices to eavesdrop and
record otherwise confidential oral communications in barricade or
hostages situations where there is probable cause to believe that an
individual is committing, has committed, or is about to commit an
offense listed in Section 2516(2) of Title 18 of the United States
Code.
(f) The contents of any oral communications intercepted
overheard pursuant to this section shall be
recorded on tape or wire or other comparable
device. The recording of the contents shall be done so as to protect
the recording from editing or other alterations. The
contents of the oral communications shall be provided to the judge at
the time an application is made pursuant to subdivision (e).
(g) For purposes of this section, a "barricading" occurs when a
person establishes an area from which others are excluded.
(h) A judge shall not grant an application made pursuant to this
section in anticipation that an emergency situation will arise. A
judge shall grant an application for an interception
authorizing the use of electronic amplifying or
recording devices to eavesdrop and record otherwise confidential oral
communic ations in barricade or hostages situations where
there is probable cause to believe that an individual is committing,
has committed, or is about to commit an offense listed in Section
2516(2) of Title 18 of the United States Code, and only if the
peace officer has fully complied with the requirements of this
section. If an application is granted pursuant to this section, an
inventory shall be served pursuant to Section 629.68.
(i) This section does not require that a peace officer designated
pursuant to subdivision (c) undergo training pursuant to Section
629.94.
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