AB 252

Under current law, it is a crime for a person to intentionally intercept or attempt

to intercept an oral communication or to intentionally use a device or attempt to use

a device to intercept an oral communication, subject to certain exceptions primarily

related to law enforcement.

Under this bill, subject to current law exceptions related to law enforcement,

no state agency, broadly defined, no local governmental unit, and no official of such

an agency or local governmental unit may intercept an oral communication in a

building or space owned, leased, or operated by the agency or local governmental

unit, except that a state agency or local governmental unit may authorize such

interception of oral communications if all of the following apply:

1. The governing body of the local governmental unit authorizes the

interception by a two-thirds vote of the body's membership.

2. The governing body or head of the state agency or local governmental unit

authorizes the interception at least once each year. The authorization must include

information concerning the costs and operational procedures and capabilities

associated with the interception, and the specific areas where interception is

authorized.

3. Each area where interception is authorized contains a posting in plain view

advising the public that oral communications in the area may be recorded.

4. Recordings of the interceptions are retained by the state agency or local

governmental unit for no more than 240 days after origination.