05/04/1996 11:10 AM Senate JUD

                                                                               
   CSHB 433(JUD) am POLICE CAN INTERCEPT SOME COMMUNICATIONS                 
                                                                               
 CHAIRMAN TAYLOR brought up CSHB 433(JUD) am as the next order of              
 business and then stated the committee would recess to a call of              
 the chair, until approximately 1:30 p.m., in order to give the                
 administration an opportunity to testify on HB 433.                           
                                                                               
 CHAIRMAN TAYLOR called the Senate Judiciary Committee meeting back            
 to order at 1:50 p.m.                                                         
                                                                               
 DEL SMITH, Deputy Commissioner, Department of Public Safety,                  
 representing the governor - prime sponsor of HB 433, stated the               
 bill would allow law enforcement officers to resolve dangerous                
 situations by a narrowly defined exemption to the eavesdropping               
 laws.  He urged support for HB 433.                                           
                                                                               
 CHAIRMAN TAYLOR asked Ms. Carpeneti to review HB 433 for the                  
 committee.                                                                    
                                                                               
 ANNE CARPENETI, Assistant Attorney General, Criminal Division,                
 Department of Law, stated that there is no specific exception for             
 eavesdropping during a hostage situation.  HB 433 was drafted to              
 address that situation, so that in an emergency, peace officers can           
 use a listening device.                                                       
                                                                               
 Number 232                                                                    
                                                                               
 CHAIRMAN TAYLOR commented it appears to be significantly limited to           
 barricade situations, hostage situations, and situations where a              
 person is threatening to use explosives illegally.  HB 433 attempts           
 to scoot around the violation of First Amendment rights to privacy.           
 We do not lightly allow that invasion.  He wants on the record that           
 peace officers will have the right to eavesdrop only in very                  
 limited, emergency situations.                                                
                                                                               
 MS. CARPENETI noted that if there is time, law enforcement would              
 seek a warrant, but in exigent circumstances that would not be                
 necessary.                                                                    
                                                                               
 SENATOR TAYLOR cautioned the department to seek warrants if there             
 is an opportunity to do so.                                                   
                                                                               
 MR. SMITH agreed with Senator Taylor that seeking a warrant is the            
 best way to go, if at all possible.                                           
                                                                               
 Number 261                                                                    
                                                                               
 SENATOR GREEN made a motion to discharge CSHB 433(JUD) am from the            
 Senate Judiciary Committee with individual recommendations.                   
 CHAIRMAN TAYLOR, hearing no objection, stated the bill was                    
 discharged from committee.