Bill Text: CA AB2210 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Intercepted communications: hostage taking and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State - Chapter 380, Statutes of 2010. [AB2210 Detail]

Download: California-2009-AB2210-Amended.html

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BILL NUMBER: AB 2210	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2010
	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
 upon  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   a barricade situation or hostage situation,
as defined,  if the peace officer  has probable cause to
believe   reasonably determines that  an emergency
situation exists, 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 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  on  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 eavesdropping on oral
communications pursuant to this section comply with paragraph (7) of
Section 2518 of Title 18 of the United States Code.
   (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 all of the following conditions are
satisfied:
   (1) The officer reasonably determines that an emergency situation
exists involving the immediate danger of death or serious physical
injury to any person, within the meaning of Section 2518(7)(a)(i) of
Title 18 of the United States Code.
   (2) The officer  reasonably  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), (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 overheard   an eavesdropping
device has been deployed  , an application for an order
approving the eavesdropping shall be made within 48 hours of the
beginning of the 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 
on  and record otherwise confidential oral communications in
barricade or  hostages   hostage 
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 overheard pursuant to
this section shall be recorded on tape or other comparable device.
The recording of the contents shall be done so as to protect the
recording from editing or other alterations.
   (g) For purposes of this section, a "barricading" occurs when a
 person establishes an area from which others are excluded.
  person refuses to come out from a covered or enclosed
position. Barricading also occurs when a person is held against his
or her will and the captor has not made a demand. 
    (h)     For purposes of this section, a
"hostage situation" occurs when a person is held against his or her
will and the captor has made a demand.  
   (h) 
    (i)  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 authorizing the use of
electronic amplifying or recording devices to eavesdrop  on
 and record otherwise confidential oral communications in
barricade or  hostages   hostage 
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) 
    (j)  This section does not require that a peace officer
designated pursuant to subdivision (c) undergo training pursuant to
Section 629.94. 
   (k) A peace officer who has been designated pursuant to
subdivision (c) to use an eavesdropping device shall cease use of the
device upon the termination of the barricade or hostage situation,
or upon the denial by a judge of an application for an order to
approve the eavesdropping, whichever is earlier.  
   (l) Nothing in this section shall be deemed to affect the
admissibility or inadmissability of evidence at trial.