Electronic
Surveillance
Electronic Surveillance
Enacted Legislation
2001 ~ 2002
External links to bills if available.
2002 Enacted Legislation
Arizona
S.B.
1427
5/15/02 Signed by Governor - Chapter 219
Conforms Arizona law to the USA PATRIOT Act, creates new crimes related
to terrorism and modifies existing crimes. Also updates the interception
of wire, electronic or oral communications statute.
California
A.B.
74
9/17/02 Chaptered by Secretary of State - Chapter 605, Statutes
of 2002
Adds weapons of mass destruction and destructive devices, as well as
large quantity drug precursor cases, to offenses that permit a court to
order the interception of wire or electronic communications. Expands the
definitions of the type of communications that can be intercepted pursuant
to court order to include wire and pager communications.
S.B.
1980
Chaptered by Secretary of State 9/25/02, Chapter No. 864
Details state procedures, similar to those in federal law, for a the
government to gather specified records, not including the contents of stored
communications, from a provider of electronic communication service or
a remote computing service by search warrant. No notice need be given to
a subscriber or customer receiving records pursuant to these procedures.
Connecticut
H.B.
5759
6/3/02 Signed by Govenor - Public Act No. 02-97
Allows state's attorneys to apply for a judicial order authorizing
interception of wire communication in investigations that have evidence
of terrorist acts.
Florida
H.B.
1439
4/22/02 Signed by Governor - Chapter No. 2002-72
Revises various laws on the interception of communications by law enforcement.
Allows law enforcement to intercept wire or electronic communications of
a computer trespasser, and authorizes the Department of Law Enforcement
to intercept wire, oral, or electronic communications for purposes of investigation
acts of terrorism.
S.B.
1774
Substituted H.B.
1439
4/22/02 Signed by Goveror - Chapter No. 2002-72
Revises various laws governing the interception of communication by
investigative or law enforcement agencies; defines foreign intelligence
information, protected computer, and computer trespasser; authorizes interception
of wire or electronic communications of a computer trespasser. Permits
a state judge having felony jurisdiction to authorize initial and ongoing
interception of communications anywhere in the state.
Georgia
S.B.
320
5/16/02 Signed by Governor
Enacts Georgia's Homeland Defense Act, which includes revising provisions
relating to interception of electronic or oral communications for law enforcement
purposes.
S.B.
459
5/16/02 Signed by Governor
Enacts Georgia's War on Terrorism Act of 2002, revising wiretapping,
eavesdropping, surveillance, and related offenses.
Idaho
S.B. 1349
3/22/02 Signed by Governor, Session Law Chapter 223
Updates Idaho's statutes relating to communications security. Defines
electronic communications and provides that the unlawful interception of
electronic communications is a felony. Makes it a felony to disclose information
obtained through a lawful interception, where the disclosure is made with
the intent of obstructing an investigation.
Illinois
H.B.
4074
Governor accepts certification 1/3/02, Public Act 92-0863
Defines "electronic criminal surveillance officer"
to include a retired law enforcement officer who is certified by the Department
of State Police to intercept private oral communications.
Louisiana
H.B.
53
4/23/02 - Signed by Governor, Act No. 128.
Enacts the Louisiana Anti-terrorism Act, which includes expanding the
use of electronic surveillance.
Maryland
S.B.
20
4/25/02 Signed by the Governor - Chapter 107
Permits a law enforcement officer to intercept oral communications
after lawfully detaining a vehicle during a criminal investigation.
video cameras or other electronic monitoring devices.
H.B. 1036
4/25/02 Signed by the Governor -Chapter 100
Maryland Security Protection Act of 2002 that allows a judge to authorize
the interception of wire, oral, and electronic communications outside the
judge's jurisdiction under specified circumstances.
New Jersey
A.B.
911
6/18/02 - Signed by Governor, P.L.2002, c.26.
Received in Assembly Second Reading for Concurrence
Establishes the September 11th, 2001 Anti-Terrorism Act, which creates
the offenses of terrorism, producing or possessing chemical weapons, biological
agents or nuclear radiological devices, harboring or providing aid to terrorists,
and providing material support to terrorists. Also expands wiretapping
statutes.
New York
S.B. 6137
Signed by Governor 7/25/02
Makes the seizure of unauthorized recordings permissive upon the arrest
of a defendant for an offense related to unauthorized recording.
Ohio
S.B.
184
5/15/02 Signed by Governor
Expands communications interception law to also include terrorism offenses.
Oklahoma
S.B.
1642
5/08/02 Signed by byGovernor
Provides for court orders for pen registers and trace devices; stating
court's jurisdiction.
Pennsylvania
H.B.
976
12/9/02 Signed by Governor, Act No. 162
Defines suspected criminal activity for the purposes of wiretapping
and electronic surveillance. Also provides for certain exceptions, for
order authorizing interception of wire, electronic or oral communications,
and application for order.
H.B.
1933
6/11/02 Signed by Governor, Act No. 53
Deals with retention of intercepted recordings and oral communications.
S.B.
1109
6/22/02 Signed byGovernor, Act No. 82
Provides for, among other things, orders authorizing interception of
wire, electronic or oral communications
Rhode Island
S.B.
2672
Public Law No.
allow Rhode Island judges to issue search warrants for Internet companies
located out of Rhode Island. Many are located in California, which has
a law specifically providing for the honoring of such warrants. This addition
is important in maintaining the ability to keep up with the technological
changes that are used to commit crimes
South Carolina
H.B.
4416
7/2/02 Signed by Governor.
South Carolina's homeland defense bill, which, among other things,
grants the State Law Enforcement Division power to tap suspected terrorists'
or criminals' telephone calls, e-mail and other communications through
new wire-tapping authority.
Virginia
H.B.
41
3/04/02 Signed by Governor-Chapter 91
Permits officers from a town police department to observe or monitor
an interception if that police department originated the investigation
leading to the wiretap application.
H.B.
1120
4/08/02 Signed by Governor - Chapter 588
SB
514
4/06/02 Signed by Governor - Chapter 623
Broadens Virginia's capabilities to respond to terrorism. Includes
granting the Attorney General or his designee the authority to seek a wire-tap
for suspected terrorists, expands the applicability of pen registers and
trap and trace devices, changes the definitions of "pen register" and "trap
and trace" devices, removes physical location and geographic boundary requirements
from wire-tap applications, and adds to the definition of "electronic communication
system."
2001 State Enactments
AR
H 2397
Adds "wireless communication" to interception of wireless communications.
AR
H 2594
Concerns the criminal offense of intercepting and recording telephone
communications, to include wire, cable and landline telephone facilities.
AR
S855
Adds that it is unlawful to intercept or record unless the person is
a party to the communication or one of the parties to the communication
has given prior consent.
CA
S 1090
Make provisions applicable to a person who owns, controls, operates,
or manages a satellite television corporation or leases channels on a satellite
system from using electronic devices to observe, listen to, record, or
monitor events or conversations inside a subscriber's residence, workplace,
or place of business without the subscriber's written consent.
DE
H 75
Requires any employer who monitors any telephone calls, emails, or
internet access of or by employees to give notice of such monitoring activities
to the employees prior to doing so or at the time of hiring.
FL
S 12C
Allows for a judge to authorize the interception of communications
for the purpose of an investigation involving aircraft piracy, and also
for a judge to authorize the Department of Law Enforcement to intercept
certain communications relevant to an offense that is an act of terrorism
or that furthers an act of terrorism. Authorizes a judge to allow the continued
interception of communications anywhere within the state under specified
circumstances.
IL
H 888 -
Allows the State's Attorney to designate a an Assistant State's
Attorney to authorize an application to a
circuit judge or an associate judge assigned by the Chief Judge of the
circuit for use of an eavesdropping device by a law enforcement officer
or agency.
MD H 659
Allows specified information to be used and specified persons to disclose
specified information concerning specified communications intercepted in
out-of-state jurisdictions in specified proceedings, if the interception
was made in accordance with the law of the other jurisdiction under specified
circumstances; requiring that a motion to suppress the contents of specified
communications or specified evidence be made in accordance with the Maryland
Rules;
MD S 310
Allows specified information to be used and specified persons to disclose
information concerning oral, wire, or electronic communications intercepted
in out-of-state jurisdictions in specified proceedings if the interception
was made in accordance with the law of the other jurisdiction
NH
H 525
Allows the interception of wire or oral communications in connection
with an insurance fraud investigation.
NY S 4299
Provides that unauthorized recordings seized in connection with a criminal
prosecution be preserved by court order for use as evidence in civil or
other cases.
OK H
1393
Relates to disclosure of information obtained pursuant to a wiretap;
adds types of crimes for which evidence obtained by wiretap may be used;
and provides an effective date
OR
S654
Creating new provisions relating to interception of communications.
TX
H 1823
Relates damages in incidents of interception of communications.
TX
S 177 -
Provides criminal penalties relating to electronic monitoring devices
in the rooms of residents of convalescent or nursing homes or related institutions.
TX
S 1345
Relates to the interception of wire, oral, or electronic communications,
to the use of pen registers and trap and trace devices, and to the civil
and criminal consequences of improperly engaging in those activities.
WY
S 62
Relates to crimes and law enforcement and interception of communications.
Includes: prohibiting the interception of communications and acts related
to the interception of communications; authorizing communication
interception by law enforcement and others under specified conditions;
and allowing pen registers and trap and trace.
 Electronic
Surveillance
|
