BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 424| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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).) SB 424 Page 2 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, SB 424 Page 3 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. SB 424 Page 4 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 SB 424 Page 5 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 SB 424 Page 6 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 SB 424 Page 7 personal and confidential communications. Prepared by:Mary Kennedy / PUB. S. / 5/31/15 12:01:00 **** END ****