BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  SB 424
          Author:   Pan (D)
          Amended:  4/21/15  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 4/28/15
           AYES:  Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Law enforcement: communications


          SOURCE:    California College and University Police Chiefs  
          Association


          DIGEST:   This bill allows university and college peace officers  
          to eavesdrop in any criminal investigation related to sexual  
          assault or other sexual offense and to wear body-worn cameras.

          ANALYSIS:   


          Existing law:


          1)Establishes that a member of the University of California (UC)  
            Police Department whose primary duty is the enforcement of the  
            law within the specified jurisdictional areas is a peace  
            officer.  (Penal Code § 830.2(b).)









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          2)Limits the authority of a member of the UC Police Department  
            to the UC campuses, an area within one mile of the exterior  
            boundaries of each campus, and other properties owned or  
            operated by the Regents of the University of California.   
            (Education Code § 92600.)


          3)Establishes that a member of the California State University  
            (CSU) Police Department whose primary duty is the enforcement  
            of the law within the specified jurisdictional areas is a  
            peace officer.  (Penal Code § 830.2(c).)





          4)Limits the authority of a member of the CSU Police Department  
            to the CSU campuses, an area within one mile of the exterior  
            boundaries of each campus, and other CSU owned or operated  
            properties.  (Education Code § 89560.)


          5)Declares legislative intent to protect the right of privacy of  
            the People of California and recognizes that law enforcement  
            agencies have a legitimate need to employ modern listening  
            devices and techniques to investigate criminal conduct.   
            (Penal Code § 630.)


          6)Generally prohibits wiretapping, eavesdropping, and using  
            electronic devices to record or amplify a confidential  
            communication.  It further provides that any evidence so  
            obtained is inadmissible in any judicial, administrative, or  
            legislative proceeding.  (Penal Code §§ 631, 632, 632.5,  
            632.6, and 632.7.)


          7)Permits one party to a confidential communication to record  
            the communication for the purpose of obtaining evidence  
            reasonably believed to relate to the commission by another  
            party to the communication of the crime of extortion,  
            kidnapping, bribery, any felony involving violence against the  
            person, or a violation of the law against obscene,  







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            threatening, or annoying phone calls.  Existing law further  
            provides that any evidence so obtained is admissible in a  
            prosecution for such crimes.  (Penal Code § 633.5.)


          8)Provides that notwithstanding prohibitions to eavesdropping,  
            etcetera, upon the request of a victim of domestic violence  
            who is seeking a domestic violence restraining order, a judge  
            issuing the order may include a provision in the order that  
            permits the victim to record any prohibited communication made  
            to him or her by the perpetrator.  (Penal Code § 633.6.)


          9)Exempts the Attorney General, any district attorney, specified  
            peace officers such as city police and county sheriffs, and a  
            person acting under the direction of an exempt agency from the  
            prohibitions against wiretapping and other related activities  
            to the extent that they may overhear or record any  
            communication that they were lawfully authorized to overhear  
            or record prior to the enactment of the prohibitions.  Any  
            evidence so obtained is admissible in any judicial,  
            administrative, or legislative proceeding.  (Penal Code §  
            633.)


          This bill:


          1)Provides that nothing prohibits POST (Peace Officer Standards  
            and Training)-certified peace officers of a university or  
            college campus from eavesdropping in any criminal  
            investigation related to sexual assault or other sexual  
            offense.


          2)Provides that nothing prohibits POST-certified peace officers  
            of a university or college campus from using or operating  
            body-worn cameras.


          3)Provides that this section shall not be used to impinge upon  
            the lawful exercise of constitutionally protected rights of  
            freedom of speech or assembly, or the constitutionally  
            protected right of person privacy.







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          Background


          Penal Code section 631 et seq. sets forth a comprehensive  
          statutory scheme protecting the right of privacy by prohibiting  
          unlawful wiretapping and other forms of illegal electronic  
          eavesdropping.  Unless a specific exception applies, persons may  
          not intercept, record, or listen to confidential communications  
          whether on a conventional, cordless, or cellular telephone. 

           A significant exception is described in Penal Code section 633.  
           The Attorney General, any district attorney, specified peace  
          officers, and any person acting pursuant to the direction of a  
          law enforcement officer may lawfully overhear or record certain  
          communications.   

          This bill allows university and college peace officers to  
          eavesdrop in any criminal investigation related to sexual  
          assault.  This bill also allows these police forces to use body  
          cameras.  Eavesdropping allows them to authorize another to make  
          a pretext call, for example, in a sexual assault case permitting  
          the victim to tape the accused perpetrator in a conversation  
          where she gets him to admit there was no consent.  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No

          According to the Senate Appropriations Committee, potential  
          major future cost pressure in the millions of dollars (General  
          Fund) to the extent the UC, California Community Colleges, and  
          the CSU elect to utilize the authority provided in this bill,  
          resulting in one-time and ongoing expenditures for resources,  
          training, equipment, and storage.

          SUPPORT:   (Verified  5/28/15)

          California College and University Police Chiefs Association  
          (source)
          Association for Los Angeles Deputy Sheriffs
          California Association of Code Enforcement Officers 
          California Correctional Supervisors Organization 
          California Narcotic Officers Association







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          Los Angeles Police Protective League
          Riverside Sheriffs' Association


          OPPOSITION:   (Verified  5/28/15)


          ACLU
          California Attorneys for Criminal Justice


          ARGUMENTS IN SUPPORT:     In support of their position that it  
          is appropriate to include university and college peace officers  
          in the exception to eavesdropping, the sponsor makes the  
          following points:

               College and university police departments meet the  
               same POST training and certification requirements of  
               every municipal police and county sheriff agency and,  
               just like those agencies, engage in ongoing training  
               to continually enhance their knowledge and  
               professionalism.

               Although not generally realized, officers in a college  
               and university environment are charged with the  
               handling of some of the most serious events in our  
               society.  According to a study by the Federal Bureau  
               of Investigation, there were 39 incidents that  
               occurred in an educational environment in the United  
               States between 2000 and 2013.  These incidents at  
               school and college campuses accounted for some of the  
               highest casualty counts in the nation.  

               College and university police officers are also  
               responsible for investigating sexual assaults against  
               students, which is a burgeoning problem given the  
               availability of alcohol, the pernicious presence of  
               controlled substances used to facilitate a sexual  
               assault and a newfound absence of parental  
               supervision.   

               In addition to crimes like active shooter and sexual  
               assault, college and university police agencies deal  
               with the same array of criminal activity that takes  







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               place in a non-campus environment.  Campuses are not  
               cocooned bubbles and criminal activity truly knows no  
               jurisdictional boundaries.  Over the most recent two  
               year period, there were nearly six thousand serious  
               crimes committed on our campuses.  These crimes, which  
               are required to be reported pursuant to the Clery Act,  
               include murder, manslaughter, sexual assaults,  
               robbery, aggravated assaults, burglary, vehicle thefts  
               and arson.


          ARGUMENTS IN OPPOSITION:     The ACLU opposes this bill stating:

               We do not believe the authority to engage in  
               eavesdropping should be extended. Restrictions on the  
               use of eavesdropping apparatus were originally enacted  
               to ensure that such activities would be undertaken  
               only in absolutely justifiable situations and under  
               strict control.  We have consistently opposed all  
               previous efforts to expand this authority.

               University and college campuses are environments in  
               which the free exchange of views and ideas play a  
               critical role.  Freedom of speech and expression must  
               be carefully and thoughtfully protected. These  
               freedoms foster the advancement of knowledge, and help  
               provide students and faculty with a sense of safety  
               and comfort.  Giving campus police officers broad  
               powers of surveillance could end up having a chilling  
               effect on these freedoms, and could lead to  
               adversarial relationships between campus police,  
               faculty and the student body.

               Campus law enforcement often lacks the training,  
               supervision, and accountability to help ensure the  
               powers granted by SB 424 would be used in a  
               constitutionally acceptable manner.  If an  
               investigation is of sufficient importance to merit  
               electronic eavesdropping, campus police should seek  
               cooperation and assistance of those agencies that  
               presently have the authority to do so.  Creating  
               further encouragement and incentive to engage in  
               electronic surveillance is inconsistent with the  
               legitimate expectation of privacy surrounding our  







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               personal and confidential communications.


          Prepared by:Mary Kennedy / PUB. S. / 
          5/31/15 12:01:00


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