BILL ANALYSIS �
AB 1010
Page 1
ASSEMBLY THIRD READING
AB 1010 (Furutani)
As Introduced February 18, 2011
Majority vote
PUBLIC SAFETY 4-1
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|Ayes:|Knight, Cedillo, Hagman, | | |
| |Hill | | |
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|Nays:|Ammiano | | |
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SUMMARY : Authorizes city attorneys who prosecute misdemeanors
to overhear or record conversations without the knowledge of the
person being investigated. Specifically, this bill adds city
attorneys to the list of law enforcement entities granted an
exemption from illegal electronic eavesdropping, wiretapping and
electronic recording without the person's knowledge.
EXISTING LAW :
1)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.
2)Generally prohibits wiretapping, eavesdropping, and using
electronic devices to record or amplify a confidential
communication. Provides that any evidence so obtained is
inadmissible in any judicial, administrative, or legislative
proceeding.
3)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.
Provides that any evidence so obtained is admissible in any
judicial, administrative, or legislative proceeding.
AB 1010
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4)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,
threatening, or annoying phone calls. Provides that any
evidence so obtained is admissible in a prosecution for such
crimes.
5)Provides that with the consent of the district attorney of the
county, the city attorney of any general law or chartered city
within the county may prosecute any misdemeanor committed
within the city arising out of a violation of state law.
6)Provides that in any case in which the district attorney is
granted any powers or access to information with regard to the
prosecution of misdemeanors, this grant of powers or access to
information shall be deemed to apply to any other officer
charged with the duty of prosecuting misdemeanor charges in
California.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Each year, cases involving
victims of fraud and consumer abuse are stalled due to
challenges city attorney offices face during the investigation
process. These cases include loan modification schemes
targeting the elderly, phony talent auditions for children,
unlicensed school bus drivers, and predatory 'notarios' who
falsely promise to help persons obtain immigration documents,
among others. Equipped with a hidden camera, fraud
investigators make purchases and identify sellers in a myriad of
cases punishable as felonies and misdemeanors such as the sale
of lead-tainted jewelry and moving companies misrepresenting
their fees.
"In investigating these types of cases, current law permits
peace officers, the state Attorney General and all district
attorneys the authority to overhear and record conversations
held in public. However, city attorneys are not included on
this list and must obtain permission from police or district
AB 1010
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attorney offices to utilize this investigative practice.
"The added step for city attorneys to seek permission to record
public conversations may take weeks. This can seriously hamper
fraud and abuse cases that rely on timely investigations, and as
a result, victims of fraud or consumer abuse are denied swift
action to bring their perpetrators to justice.
"Assembly Bill 1010 permits city attorney prosecutors to use an
investigative tool already used by other prosecuting agencies in
the state. It also alleviates police and other prosecuting
agencies of the unnecessary burden to authorize and supervise
city attorneys requesting to record public conversations."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0000349