02/26/1996 01:08 PM House JUD

 HB 433 - POLICE CAN INTERCEPT SOME COMMUNICATIONS                           
                                                                               
 CHAIRMAN PORTER noted that the first bill for consideration was HB
, which was held over from last week.  There were questions                
 about whether or not the language regarding this additional                   
 exception to already existing law was drawn too tightly.  Chairman            
 Porter stated that the Departments of Law and Public Safety                   
 intended this language on purpose because it deals with an area of            
 law which they wished to retain within the statute and to avoid it            
 being challenged constitutionally.  These departments did propose             
 an amendment to this legislation though.                                      
                                                                               
 REPRESENTATIVE CON BUNDE made a motion to adopt this amendment for            
 discussion purposes.   This amendment number one regarding language           
 on page two, line 17, specifically deleted "refusing to exit or               
 surrender" and inserting in it's place, "not existing or                      
 surrendering."                                                                
                                                                               
 Number 240                                                                    
                                                                               
 ANNE CARPENETI, Assistant Attorney General, Department of Law,                
 stated that after the previous hearing regarding this bill, Lt.               
 Cassanovas of the state troopers to clarified what his concerns               
 were.  This exception was crafted to address a situation where a              
 person is barricaded in a building, but is not communicating with             
 the police.  Rather than broaden this exception to extremes, they             
 crafted the proposed amendment as a compromise, one which the                 
 Department of Public Safety agreed upon, as well as, the Department           
 of Law.                                                                       
 Number 346                                                                    
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY made a motion to move HB 433 as                 
 amended with attached individual recommendations and zero fiscal              
 notes from the House Judiciary Committee.  Hearing no objection, it           
 was so moved.