BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2210
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2210 (Fuentes)
          As Amended  July 15, 2010
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |74-0 |(May 6, 2010)   |SENATE: |34-0 |(August 18,    |
          |           |     |                |        |     |2010)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    PUB. S.  

           SUMMARY  :   Authorizes a designated peace officer to use, or  
          authorize the warrantless use of, an electronic amplifying or  
          recording device to eavesdrop on or record, or both, any oral  
          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.  

           The Senate amendments  :

          1)Provide a "barricading" occurs when a person refuses to come  
            out from a covered or enclosed position.  Barricading also  
            occurs when a person is held against his or will and the  
            captor has not made a demand.

          2)Define a "hostage situation" when a person is held against his  
            or her will and the captor has made a demand.

          3)Require a peace officer who has been designated pursuant to  
            this section to use an eavesdropping device shall cease use of  
            the device upon the termination of the barricade or hostage  
            situation, or upon the denial by a judge of an application for  
            an order to approve the eavesdropping, whichever is earlier.

          4)Make other technical, nonsubstantive amendments.

           AS PASSED BY THE ASSEMBLY  , this bill authorized a designated  
          peace officer to use, or authorize the warrantless use of, an  
          electronic amplifying or recording device to eavesdrop on or  
          record, or both, any oral 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.  
           








                                                                 AB 2210
                                                                  Page  2

          FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee analysis, minor absorbable court costs.   Additional  
          costs unlikely to result from this bill.

           COMMENTS  :   According to the author, "AB 2210 closes a loophole  
          in existing law relative to law enforcement conduct in barricade  
          and hostage situations to clarify that law enforcement who  
          deploy eavesdropping techniques in limited circumstances are not  
          subject to civil or criminal liability."  
           
          Please see the policy committee for a full discussion of this  
          bill.


           Analysis Prepared by  :    Nicole J. Hanson / PUB. S. / (916)  
          319-3744 

                                                                FN: 0005551