BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 424


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          Date of Hearing:   July 7, 2015


                ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION


                                  Mike Gatto, Chair


          SB  
          424 (Pan) - As Amended April 21, 2015


          SENATE VOTE:  35-0


          SUBJECT:  Law enforcement:  communications


          SUMMARY:   Authorizes university and college peace officers to  
          overhear or record conversations in sexual assault  
          investigations as other law enforcement officials do, and  
          authorizes their use of body-worn cameras generally.   
          Specifically, this bill:  


          1)Clarifies that existing restrictions on electronic  
            surveillance do not prohibit any Police Officer Standardized  
            Training (POST)-certified chief of police, assistant chief of  
            police, or police officer of a university or college campus  
            acting within the scope of his or her authority, from  
            overhearing or recording any communication that he or she  
            could lawfully overhear or record in any criminal  
            investigation related to sexual assault or other sexual  
            offense.



          2)Clarifies that existing restrictions on electronic  








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            surveillance do not prohibit any POST-certified chief of  
            police, assistant chief of police, or police officer of a  
            university or college campus from using or operating body-worn  
            cameras.



          3)Clarifies that these provisions do not affect the existing  
            statutory authority for law enforcement acting within the  
            scope of its authority to overhear or record any  
            communication, as specified.



          4)Declares that these provisions may 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 personal privacy.
          EXISTING LAW:   


          1)Declares the intent of the Legislature 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 (PC) Section 630)



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



          3)Authorizes one party to a confidential communication to record  








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            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,  
            threatening, or annoying phone calls, and further provides  
            that any evidence so obtained is admissible in a prosecution  
            for such crimes.  (PC 633.5)



          4)Provides that, notwithstanding prohibitions on eavesdropping  
            and other surveillance techniques, 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.  (PC 633.6)



          5)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, and  
            further provides that any evidence so obtained is admissible  
            in any judicial, administrative, or legislative proceeding.   
            (PC 633)



          6)Limits the authority of a member of the California State  
            University (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 (EDUC) Section 89560)








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          7)Limits the authority of a member of the University of  
            California (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 UC.   
            (EDUC 92600)
          FISCAL EFFECT:  None.  This measure has been keyed nonfiscal by  
          the Legislative Counsel.


          COMMENTS:  


           1)Purpose of this bill  .  This bill is intended to clarify that  
            college and university law enforcement officers may overhear  
            or record conversations as other law enforcement officials  
            might as part of a criminal investigation of a sexual offense,  
            and may also utilize body-worn cameras for any lawful purpose.  
             SB 424 is sponsored by the California College and University  
            Police Chiefs Association.


           2)Author's statement  .  According to the author, existing law  
            "allows sworn officers to record the statements of suspects  
            without notifying them, which would otherwise be prohibited  
            under state wiretapping laws.  This is most often utilized  
            during suspect interviews/interrogations, in-car recordings of  
            suspects in custody, and in a pretext phone call situation.  A  
            pretext phone call is the recording of a conversation between  
            a victim and a known suspect arranged by law enforcement to  
            gain admissions or other incriminating statements.  This  
            technique provides some of the best evidence in cases of date  
            rape and other crimes involving no independent witnesses." 


            "Unfortunately, POST certified officers who protect campuses  
            such as the California State University and University of  








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            California systems were not among those [authorized], while  
            virtually all other police entities in the state were  
            included.  The exact cause of this omission is difficult to  
            ascertain, however, it is clear today that college and  
            university law enforcement entities need the ability to obtain  
            these recordings as dictated by their investigations.  Not  
            only does this omission undermine effective law enforcement,  
            it has the effect of prohibiting use of Body Worn Cameras by  
            college and university officers in some circumstances."

            "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 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."



            "College and University police agencies meet the same POST  
            requirements of city police and county sheriffs; they face the  
            same law enforcement challenges. They should have the same  
            tools with which to address those challenges."
           3)Arguments in support  .  According to the sponsor, the  
            California College and University Police Chiefs Association,  
            "SB 424 does two things: It allows sworn, POST-certified  
            college and university police agencies to record statements of  
            suspects in the investigation of campus sexual assault and  
            sexual offense cases.  Sadly, sexual assaults take place  
            disproportionately on college and university campuses.   
            Further, it is estimated that the perpetrator is known to the  
            victim 80% of the time.  As amended, SB 424 will enable  
            college and university police agencies to do "pretext" calls  
            between the victim and the alleged perpetrator.  These  
            provisions were discussed and agreed to by the Council of  








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            University of California Faculty Associations." 

            "Second, SB 424 makes clear that body worn cameras may be used  
            by sworn POST certified college and university police  
            agencies.  The California College and University Police Chiefs  
            Association embraces the concept of body worn cameras and  
            believes they will constitute a major advancement in the  
            continued professionalism of police services.  Ironically,  
            however, current law prohibits those officers from using body  
            worn cameras.  SB 424 will rectify that statutory glitch and  
            permit the use of body worn cameras by sworn POST certified  
            college and university police agencies." 
             


          4)Related Legislation.   AB 65 (Alejo) redirects funds from the  
            Driver Training Penalty Assessment Fund and allocates that  
            money to the Board of State and Community Corrections to be  
            used to fund local law enforcement agencies to operate a  
            body-worn camera program.  AB 65 was held on the Suspense File  
            in the Assembly Appropriations Committee.  



             AB 66 (Weber) establishes mandatory requirements and  
            recommended guidelines for the use of body-worn cameras by  
            peace officers and the handling of the resulting video and  
            audio data.  AB 66 passed this Committee on a 6-0 vote, and  
            was held in the Assembly Appropriations Committee.



            AB 69 (Rodriguez) specifies a set of best practices that a law  
            enforcement agency, department or entity establishing policies  
            and procedures for the implementation and operation of a  
            body-worn camera system must consider.  AB 69 passed this  
            Committee on an 11-0 vote, and is set for hearing in the  
            Senate Public Safety Committee on July 14, 2015.
             








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             AB 1246 (Quirk) prohibits the disclosure of a recording made  
            by a body-worn camera, except to the person whose image is  
            recorded by the body worn camera.  AB 1246 was held in the  
            Assembly Public Safety Committee. 





            SB 178 (Leno) creates the California Electronic Communications  
            Privacy Act (CalECPA), which generally requires law  
            enforcement entities to obtain a search warrant before  
            accessing data on an electronic device or from an online  
            service provider.  SB 178 passed this Committee on a 9-0 vote,  
            and is set for hearing in the Assembly Public Safety Committee  
            on July 14, 2015.

           5)Previous legislation  .  AB 992 (Spitzer), of 2005, would have  
            authorized UC peace officers and CSU peace officers to  
            overhear or record communications in any criminal  
            investigation related to a sex assault or other sexual  
            offense.  AB 992 failed passage in the Senate Public Safety  
            Committee.

            AB 1884 (Spitzer), of 2004, would have authorized city  
            attorneys prosecuting misdemeanor consumer cases to record or  
            overhear communications in the same manner as other law  
            enforcement officials.  This bill was vetoed by Governor  
            Schwarzenegger, stating that "[i]f an investigation is of  
            sufficient importance as to merit electronic eavesdropping, a  
            city attorney may seek the cooperation and assistance of those  
            agencies which have the authority to do so."

           6)Double-referral  . This bill was double-referred to the Assembly  
            Public Safety Committee, where it was heard on June 30, 2015,  
            and passed out on a 7-0 vote.


          REGISTERED SUPPORT / OPPOSITION:








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          Support




          California College and University Police Chiefs Association  
          (SPONSOR)




          Opposition


          None on file.




          Analysis Prepared by:Hank Dempsey / P. & C.P. / (916)  
          319-2200