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.