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| 1 | + | REFERENCE TITLE: technical correction; emergency interception. State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1366 Introduced by Senator Rogers An Act amending section 13-3015, Arizona Revised Statutes; relating to eavesdropping and communications. (TEXT OF BILL BEGINS ON NEXT PAGE) | |
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| 9 | + | REFERENCE TITLE: technical correction; emergency interception. | |
| 10 | 10 | State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 | |
| 11 | - | SENATE BILL 1366 | |
| 11 | + | SB 1366 | |
| 12 | + | Introduced by Senator Rogers | |
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| 13 | - | Senate Engrossed | |
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| 17 | - | technical correction; emergency interception. | |
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| 19 | - | (now: health professionals; pregnant women; information) | |
| 14 | + | REFERENCE TITLE: technical correction; emergency interception. | |
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| 29 | 24 | State of Arizona | |
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| 31 | 26 | Senate | |
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| 33 | 28 | Fifty-sixth Legislature | |
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| 35 | 30 | First Regular Session | |
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| 37 | 32 | 2023 | |
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| 45 | - | SENATE BILL 1366 | |
| 40 | + | SB 1366 | |
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| 44 | + | Introduced by | |
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| 46 | + | Senator Rogers | |
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| 53 | 64 | An Act | |
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| 57 | - | amending | |
| 68 | + | amending section 13-3015, Arizona Revised Statutes; relating to eavesdropping and communications. | |
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| 63 | 74 | (TEXT OF BILL BEGINS ON NEXT PAGE) | |
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| 67 | - | Be it enacted by the Legislature of the State of Arizona: Section 1. | |
| 78 | + | 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 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 reasonably determines determine 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 designee may specially authorize a peace officer or law enforcement agency to intercept such 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 later than forty-eight hours after commencement of 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 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 interceptions were not made in good faith reliance on this section. END_STATUTE | |
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| 69 | 80 | Be it enacted by the Legislature of the State of Arizona: | |
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| 71 | - | Section 1. | |
| 82 | + | Section 1. Section 13-3015, Arizona Revised Statutes, is amended to read: | |
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| 73 | - | START_ | |
| 84 | + | START_STATUTE13-3015. Emergency interception | |
| 74 | 85 | ||
| 75 | - | ||
| 86 | + | 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 reasonably determines determine 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 designee may specially authorize a peace officer or law enforcement agency to intercept such wire, electronic or oral communications. | |
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| 88 | + | 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 later than forty-eight hours after commencement of the emergency interception. The application shall include an explanation and summary of any interception of communications occurring before the application for authorization. | |
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| 79 | - | 2. The father of the unborn child is liable to assist in the support of the child, even if he has offered to pay for an abortion. In the case of rape or incest, this information may be omitted. | |
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| 81 | - | 3. Public and private agencies and services are available to assist the woman during her pregnancy and after the birth of her child if she chooses not to have an abortion, whether she chooses to keep the child or place the child for adoption. | |
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| 83 | - | 4. It is unlawful for any person to coerce a woman to undergo an abortion. | |
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| 85 | - | 5. The department of health services maintains a website that describes the unborn child and lists the agencies that offer alternatives to abortion. | |
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| 87 | - | 6. The woman has the right to review the website and that a printed copy of the materials on the website will be provided to her free of charge if she chooses to review these materials.END_STATUTE | |
| 90 | + | C. If the prosecuting attorney fails to obtain an authorization within forty-eight hours after commencement of 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 interceptions were not made in good faith reliance on this section. END_STATUTE |