HB 2248 — electronic communication; emergency; location information

HB2248 - 542R - IH-Technology-Proposed VerFifty-fourth  Legislature                                                Technology  Second REFERENCERegular TITLE:Session                                                  H.B.

electronic  communication;PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

emergency;2248 (Reference to printed bill)       Page 1, line 38, after "officer" insert "or prosecuting attorney" Amend title to conform     JEFF WENINGER     2248WENINGER 01/28/2020 09:43 AM H:

locationPRB/ls information         State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session       HB 2248   Introduced by Representative Bolick     AN ACT   amending section 13‑3015, Arizona Revised Statutes;

relating to the interception of electronic communications.

    (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-3015, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3015.  Emergency interception;

definitions A.  Notwithstanding any other provision of this chapter, if the attorney general, or a county attorney or such prosecuting attorneys as they may designate in writing a designee reasonably determines that an emergency situation exists involving immediate danger of death or serious physical injury to any person,  and that such death or serious physical injury may be averted by interception of wire, electronic or oral communications before an order authorizing such interception can be obtained, the attorney general, or a county attorney or his a designee may specially authorize a peace officer or law enforcement agency to intercept such the wire, electronic or oral communications.

B.  The attorney general, or county attorney or his designee specially authorizing an emergency interception pursuant to subsection A of this section shall apply for an order authorizing the interception, in accordance with the provisions of section 13‑3010.  The application shall be made as soon as practicable, and in no event but not later than forty‑eight hours after commencement of commencing the emergency interception.  The application shall include an explanation and summary of any interception of communications occurring before the application for authorization.

C.  If the prosecuting attorney fails to obtain an authorization within forty‑eight hours after commencement of commencing the emergency interception, or if authorization to intercept communications is denied, the interception shall immediately terminate and any communications intercepted without judicial authorization may not be used as evidence in any criminal or civil proceeding against any person.  In either event, the prosecuting attorney shall furnish to the court an inventory of any communications intercepted,  for service pursuant to the provisions of section 13‑3010, subsection I.  The provisions of This subsection do does not prohibit the use as evidence of any communications intercepted without judicial authorization against the persons conducting or authorizing the interceptions if such the interceptions were not made in good faith reliance on this section.

D.  For the purposes of this section:

1.  "Designee" means any peace officer who has been designated in writing by the attorney general or a county attorney.

2.  "Interception of wire, electronic or oral communications" includes the location or global positioning system coordinates of an electronic communication device.

END_STATUTE