California 2009-2010 Regular Session Status: Enacted

AB 2210 — Intercepted communications: hostage taking and barricading.

Last action — Chaptered by Secretary of State - Chapter 380, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law prohibits a person from intentionally eavesdropping upon or recording a confidential communication by means of any electronic amplifying device or recording device without the consent of all parties to the communication. Under existing law, specified law enforcement agents may make a written application to a judge to authorize the interception of a wire, electronic pager, or electronic cellular telephone communication. In certain instances the application can be made informally and granted orally if an emergency situation exists, as specified. This bill would authorize a peace officer who is authorized by a county district attorney or the Attorney General to authorize the use of an electronic amplifying or recording device to eavesdrop on or record, or both, any oral communication in an emergency situation involving a barricade situation or hostage situation, as defined, if the peace officer reasonably determines that an emergency situation exists, that the emergency situation requires that the eavesdropping occur immediately, and that there are grounds upon which an order could be obtained in regard to certain specified offenses. This bill would require a written application to be made seeking to authorize the eavesdropping within 48 hours.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 380, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 12:15 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 6419.)

  5. Assembly Rule 77 suspended. (Page 6373.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4603.)

  8. Ordered to Special Consent Calendar.

  9. Read second time. To third reading.

  10. From committee: Do pass. (Ayes 8. Noes 0.) (August 2).

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 29).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  14. Referred to Com. on PUB. S.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 5051.)

  17. Read second time. To Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (April 28).

  19. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 7. Noes 0.) (April 13).

  20. Re-referred to Com. on PUB. S.

  21. (Corrected April 22.)

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  23. In committee: Set, first hearing. Hearing canceled at the request of author.

  24. Referred to Com. on PUB. S.

  25. From printer. May be heard in committee March 21.

  26. Read first time. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Fuentes

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 88 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Democratic 3000
Republican 2001
Total 88003
% of votes cast 97%0%0%3%
How each member voted (91)
Member Party Vote
Adams — Yea
Ammiano — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Bass — Yea
Blakeslee — Yea
Cook — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Not Voting
Yamada — Yea
Smyth — Not Voting
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Silva — Yea
Swanson — Yea
Torlakson — Yea
Eng — Yea
Feuer — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Not Voting

Official roll call →

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 2000
Republican 1000
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Alquist — Yea
Ashburn — Yea
Florez — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cogdill — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Corbett — Not Voting
Ducheny — Yea
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Liu — Yea
Romero — Yea
Walters — Not Voting
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8003
Total 8003
% of votes cast 73%0%0%27%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Corbett — Yea
Leno — Not Voting
Ashburn — Yea
Price — Yea
Walters — Not Voting
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Emmerson — Yea

Official roll call →

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 78007
Democratic 3000
Republican 3000
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Eng — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
DeVore — Yea
Evans — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Block — Not Voting
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Ma — Yea
Mendoza — Not Voting
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Bass — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Leon — Yea
Emmerson — Yea
Feuer — Yea
Davis — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 16 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 16002
Democratic 0001
Total 16003
% of votes cast 84%0%0%16%
How each member voted (19)
Member Party Vote
Fuentes — Yea
Hall — Yea
Bonnie — Yea
Lowenthal — Yea
Charles — Not Voting
Conway — Yea
Hill — Yea
Ammiano — Yea
Miller — Yea
Norby — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Bradford — Not Voting
Harkey — Yea
Nielsen — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does AB 2210 do?
Existing law prohibits a person from intentionally eavesdropping upon or recording a confidential communication by means of any electronic amplifying device or recording device without the consent of all parties to the communication. Under existing law, specified law enforcement agents may make a written application to a judge to authorize the interception of a wire, electronic pager, or electronic cellular telephone communication. In certain instances the application can be made informally and granted orally if an emergency situation exists, as specified. This bill would authorize a peace officer who is authorized by a county district attorney or the Attorney General to authorize the use of an electronic amplifying or recording device to eavesdrop on or record, or both, any oral communication in an emergency situation involving a barricade situation or hostage situation, as defined, if the peace officer reasonably determines that an emergency situation exists, that the emergency situation requires that the eavesdropping occur immediately, and that there are grounds upon which an order could be obtained in regard to certain specified offenses. This bill would require a written application to be made seeking to authorize the eavesdropping within 48 hours.
Who sponsors AB 2210?
AB 2210 is sponsored by Fuentes.
What is the current status of AB 2210?
This bill has been enacted into law. Introduced February 18, 2010. Enacted.
Where can I track AB 2210?
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