HB 433 - POLICE CAN INTERCEPT SOME COMMUNICATIONS CHAIRMAN PORTER noted that the first bill for consideration was HB 433, 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.