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Electronic Surveillance 2008 Pending Legislation

Colorado H.B. 1130
Status: March 17, 2008; Signed by Governor.
Permits a district attorney's or the attorney general's designee to apply for a wiretap if the district attorney or attorney general is out of the jurisdiction; allows up to three extensions for an order of a wiretap.

Illinois H.B. 4785
Status: March 14, 2008; Rereferred to House Committee on Rules.
Exempts from the offense of eavesdropping the recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer is a party to an undercover conversation and has consented to the conversation being intercepted or recorded in the course of certain investigations.

Illinois H.B. 4964
Status: March 6, 2008; In House. Placed on Short Debate Calendar Second Reading.
Amends the Criminal Code of 1961 relating to eavesdropping exemptions. Provides that it is an exemption from an eavesdropping violation with prior notification to and verbal approval of the state's attorney or his or her designee of the county in which the conversation is anticipated to occur, to record or listen with the aid of an eavesdropping device to certain conversations. Provides for no rule making authority.

Illinois H.B. 4967
Status: February 13, 2008; To House Committee on Rules.
Amends the Criminal Code of 1961. Makes a technical change in a section concerning eavesdropping.

Illinois S.B. 1966
Status: February 7, 2008; To Senate Committee on Rules.
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning eavesdropping.

Illinois S.B. 2136
Status: February 14, 2008; To Senate Committee on Rules.
Amends the Criminal Code of 1961. Exempts from an eavesdropping violation, with prior notification to and verbal approval of the State's Attorney or his or her designee of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer under certain conditions.

Illinois S.B. 2137
Status: March 13, 2008; In Senate. Placed on Calendar Order Third Reading.
Amends the Criminal Code of 1961. Exempts from an eavesdropping violation any recordings made simultaneously with a video recording of any conversations occurring upon a peace officer responding to a scene in the investigation of any criminal offense under Illinois law. Also exempts from an eavesdropping violation recording or listening with the aid of any device to any conversation where a law enforcement officer is undercover.

Massachusetts H.B. 1601
Status: February 7, 2008; In Joint Committee on Judiciary: Heard. Eligible for Executive Session.
Updates the definitions in the state wiretapping statute.

Massachusetts S.B. 981
Status: March 4, 2008; In Joint Committee on Judiciary: Heard. Eligible for Executive Session.
Amends state wiretapping law related to law enforcement personnel.

Missouri S.B. 2264
Status: March 19, 2008; Reconsidered.
Relates to wiretap; authorizes continued monitoring of cell phones transported outside state on original court order.

New Hampshire H.B. 1132
Status: February 6, 2008; Passed House. To Senate.
Creates an exception to the wiretapping and eavesdropping statute for audio and video recordings made by a device used by law enforcement personnel in conjunction with a taser or other similar electroshock device.

New York A.B. 6704
Status: January 23, 2008; Amended in Assembly Committee on Codes.
Establishes the Save-NY Child Protection Act of 2007; relates to penalties for failure to register by a sex offender; relates to notifying the public of sex offenders who reside or move into a person's zip code; extends the period of limitation for certain violent sex offenses; increases certain sex offense penalties; relates to the crime of eavesdropping; relates to the sentencing of persistent violent felony offenders.

Oklahoma S.B. 1966
Status: February 11, 2008; To Senate Committee on Judiciary.
Relates to criminal procedure; relates to application for wire tap; modifies language and punctuation; authorizes application for wire tap on offenses under the Oklahoma Corrupt Organizations Prevention Act; includes conspiracy to commit certain offenses; provides an effective date; declares an emergency.

West Virginia H.J.R. 109
Status: February 19, 2008; To House Committee on Constitutional Revision.
Relates to warrantless searches of homes by electronic surveillance.