Bill Text: CT HB05585 | 2014 | General Assembly | Introduced

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Bill Title: An Act Concerning Surveillance Of Cell Phone Communication By Law Enforcement Officials.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-03-20 - Public Hearing 03/24 [HB05585 Detail]

Download: Connecticut-2014-HB05585-Introduced.html

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General Assembly		Raised Bill No. 5585
February Session, 2014		LCO No. 2663
		*02663_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING SURVEILLANCE OF CELL PHONE COMMUNICATION BY LAW ENFORCEMENT OFFICIALS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 53a-187 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) [The following definitions are applicable to] As used in this section and sections 53a-188 and 53a-189:

(1) "Wiretapping" means the intentional overhearing or recording of a telephonic or telegraphic communication or a communication made by cellular radio telephone by a person other than a sender or receiver thereof, without the consent of either the sender or receiver, by means of any instrument, device or equipment. The normal operation of a telephone or telegraph corporation and the normal use of the services and facilities furnished by such corporation pursuant to its tariffs shall not be deemed "wiretapping".

(2) "Mechanical overhearing of a conversation" means the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment.

(3) "Unlawfully" means not specifically authorized by law.

[For purposes of this section, "cellular radio telephone"] (4) "Cellular radio telephone" means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.

(b) This section and sections 53a-188 and 53a-189 shall not apply to wiretapping by a criminal law enforcement [officials] official in the lawful performance of [their] the official's duties and do not affect the admissibility of evidence in any proceedings other than a prosecution for eavesdropping or tampering with private communications. For purposes of this section and sections 53a-188 and 53a-189, wiretapping of a cellular radio telephone by a criminal law enforcement official is in the lawful performance of the official's duty when such official (1) has probable cause to believe that the cellular radio telephone has been used in furtherance of the commission of a crime and has obtained a search warrant that authorizes wiretapping of the cellular radio telephone, or (2) is otherwise authorized by state or federal law to engage in wiretapping of the cellular radio telephone.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2014	53a-187

Statement of Purpose:

To ensure that any wiretapping of cellphones by law enforcement officials is conducted in accordance with applicable state or federal law.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]