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California - AB 2210 - Intercepted communications: hostage taking and barricading
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Policy Process

Introduced
SENATE PASSED
HOUSE PASSED
SIGNED BY GOVERNOR

1/22/2009
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Policy Becomes Law


  • Policy Overview
  • An act to add Section 633.8 to the Penal Code, relating to interception of communications.

    BILL NUMBER: AB 2210	INTRODUCED
    BILL TEXT
    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 introduced, 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 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. This bill
    would require a written application to be made seeking to authorize
    the interception 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 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 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 of the following:
    (1) There is probable cause to believe that an emergency situation
    exists involving the immediate danger of death or serious physical
    injury to any person, as defined in 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.
    (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) 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, an application for an order approving
    the interception shall be made within 48 hours of the beginning of
    the interception and shall comply with the requirements of Section
    629.50.
    (f) The contents of any oral communications intercepted 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 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.
  • Summary/Fact Sheet Title
  • No summary detail available
  • View Full Policy
  • BILL NUMBER: AB 2210 INTRODUCED
    BILL TEXT
    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 introduced, 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 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. This bill
    would require a written application to be made seeking to authorize
    the interception 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 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 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 of the following:
    (1) There is probable cause to believe that an emergency situation
    exists involving the immediate danger of death or serious physical
    injury to any person, as defined in 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.
    (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) 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, an application for an order approving
    the interception shall be made within 48 hours of the beginning of
    the interception and shall comply with the requirements of Section
    629.50.
    (f) The contents of any oral communications intercepted 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 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.


  • View History
  •           

               COMPLETE BILL HISTORY

              

              BILL NUMBER : A.B. No. 2210

              Latest Vote

              AUTHOR : Fuentes

              TOPIC : Intercepted communications: hostage taking and barricading.

              

              TYPE OF BILL :

               Active

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