ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: TECH DP 7-0-0-0

HB 2248: electronic communication; emergency; location information

Sponsor: Representative Bolick, LD 20

Committee on Public Safety

Overview

Redefines who may intercept a communication in an emergency situation.

History

The Attorney General, a county attorney or a designated prosecuting attorney may specially authorize a peace office or law enforcement agency to intercept a wire, electronic or oral communication prior to obtaining an order authorizing such interception if it is determined that an emergency situation exists and could be averted by intercepting the communication.

The attorney authorizing the emergency interception must apply for an authorizing order within 48 hours after the commencement of the emergency interception. If the attorney fails to obtain the order or if the order is denied the interception of the communication must immediately terminate and any communications intercepted may not be used as evidence in a criminal or civil proceeding against any person (A.R.S. § 13-3015).

Provisions

1. Allows a designee, rather than certain prosecuting attorneys, to do the following:

a) Determine that an emergency situation exists;

b) Authorize a peace officer to intercept the communication prior to obtaining an order authorizing such interception; and

c) Apply for an order authorizing the interception. (Sec. 1)

2. Defines designee as any peace officer who has been designated in writing by the attorney general or county attorney. (Sec. 1)

3. Specifies an interception of wire, electronic or oral communications includes the location or global positioning system coordinates of an electronic communication device. (Sec. 1)

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7. Initials PRB PS

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