2003 Electronic Surveillance Legislation
as of 6/4/03
Arkansas
H.B. 2503
Status: Failed to pass Senate
Relates to pen registers, trap and trace devices, access to stored
communications, and mobile tracking devices.
California
S.B. 32
Status: In Senate committee on public safety
\Excludes from the definition of wire communication any electronic
storage of specified communications. Revises information in the annual
report by the Attorney General to various entities regarding interceptions
conducted under its wiretapping authority during the preceding year.
Hawaii
H.B. 1120
Status: In House committee on judiciary
Hawaii
S.B. 1273
Status: In Senate committee on judiciary
Repeals outdated electronic surveillance statute and conforms the State's
electronic surveillance laws to federal laws controlling electronic surveillance.
Establishes and funds a surveillance review unit within the Department
of the Attorney General.
Illinois
H.B. 2228
Status: Rereferred to House committee on rules
Provides that the offense of eavesdropping does not apply to 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, is a party to an undercover conversation
and has consented to the conversation being intercepted or recorded in
the course of an investigation of a felony violation.
Illinois
H.B. 2327
Status: Rereferred to House committee on rules
Provides that the offense of eavesdropping does not apply to 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, is a party to an undercover conversation
and has consented to the conversation being intercepted or recorded in
the course of an investigation.
Illinois
H.B. 3365
Status: Rereferred to House committee on rules
Provides that it is not an eavesdropping violation to record the interrogation
or statement of a person in custody for first degree murder or a witness
in a first degree murder case when the person in custody or witness knows
the interrogation is being conducted by a law enforcement officer or prosecutor.
Illinois
H.B. 3390
Status: Rereferred to House committee on rules
Exempts from an eavesdropping violation, electronic recordings made
of a custodial interrogation of an individual by a law enforcement officer
at a police station or other place of detention in investigations for homicide
and certain sex offenses. Provides exceptions.
Illinois
H.B. 3515
Status: Rereferred to House committee on rules
Exempts from an eavesdropping violation, when prior notification to
and verbal approval of the State's Attorney of the county in which the
conversation is anticipated to occur, or his or her designee is granted,
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 law enforcement, is a party to an undercover conversation.
Illinois
S.B. 8
Status: To house committee on executive
Exempts from an eavesdropping violation, with approval of the State'
Attorney of the county in which it is to occur, the recording or listening
with the aid of any device to any conversation where a law enforcement
officer, or any person acting at the direction of law enforcement, is a
party to the conversation and has consented to it being intercepted or
recorded in the course of an investigation of a felony violation of the
Illinois Controlled Substances Act or a felony violation of the Cannabis
Control Act. Establishes procedures under which such recording may be admitted
into evidence.
Illinois
S.B. 15
Status: 6/6/03 Sent to Governor
Exempts electronic recordings made of a custodial interrogation of
an individual for homicide and certain sex offenses from an eavesdropping
violation. Provides for a police officers training program. Provides for
purchasing electronic recording equipment. Permits digital records. Provides
for statements admitted into evidence to rebut a witness.
Illinois
S.B. 256
Status: To house committee on executive
Exempts from an eavesdropping violation, recordings made simultaneously
with a security video recording by fixed, publicly visible cameras in vehicles
used by authorized public mass transit districts in the normal course of
public transportation and vehicles used by public schools to transport
students for any purpose.
Massachusetts
S.B. 933
Status: In joint committee on judiciary:
Updates the wiretap and electronic surveillance statute to provide
a procedure for law enforcement agencies to seek court-approved wire and
surveillance orders that will keep pace with modern technology and criminal
techniques, while at the same time protecting individual rights and privacy.
Massachusetts
S.B. 1093
Status: Referred to the committee on the judiciary
Amends wire tapping in the Commonwealth by adding that a person not
acting under color of law to intercept a wire or oral communication where
such person is a party to the communication or where one of the parties
to the communication has given prior consent to such interception, unless
such communication is intercepted for the purpose of committing any criminal
or tortious act in violation of the constitution or laws of the United
States or of any State or for the purpose of committing any other injurious
act.
Michigan
H.B. 4033
Status: In House committee on criminal justice
Provides for increased penalties for electronic surveillance invasions
of privacy offenses.
Michigan
H.B. 4034
Status: In House committee on criminal justice
Increases penalties for sentencing guidelines for certain crimes involving
eavesdropping or surveillance.
New York A.B. 235
Status: In Assembly committee on codes
New York S.B.
428
Status: In Senate committee on codes
Authorizes the chief counsel of the temporary state commission of investigation
to apply for a court order authorizing the use of a pen register or a trap
and trace device by adding the chief counsel to the definition of "applicant."
New York A.B. 2029
Status: In Assembly committee on codes
Establishes felonies relating to the false reporting of an incident
of the use of a weapon of mass destruction and placing a false weapon of
mass destruction; designates such felonies as "designated felonies" for
purposes of seeking eavesdropping and video surveillance warrants.
NewYork A.B. 4475
Status: In Assembly committee on codes
Includes cordless and cellular telephones within the definition of
mechanical overhearing of a conversation for purposes of eavesdropping
New York S.B. 2265
Status: To Assembly committee on banks
Increases penalties for certain illegal activities of licensed and
unlicensed money transmitters; amends definition of money laundering to
include certain violations of the banking law and provides for issuance
eavesdropping and video surveillance warrants to detect certain crimes
involving money transmission.
Oklahoma
H.B. 1263 (RTF)
Status: Signed By Governor 4/29/03
Relates to telecommunications common carriers and the installation
of trap and trace devices; establishes venue for certain criminal prosecution.
Texas
H.B. 2474
Status: Sent to the Governor 5/27/03
Texas
S.B. 1411
Status: To House committee on criminal jurisprudence
Updates electronic surveillance law.
 Electronic
Surveillance
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