The proposed bill amends Arizona Revised Statutes section 13-3015, which pertains to eavesdropping and communications. The amendment changes the language to allow the attorney general or a county attorney to determine, rather than "determines," that an emergency situation exists that requires immediate interception of communications to prevent death or serious physical injury. The bill also simplifies the language by removing the phrase "the provisions of" in several places, streamlining the text.
Under the new bill, if the prosecuting attorney fails to obtain authorization for an emergency interception within 48 hours, or if the authorization is denied, the interception must cease, and the intercepted communications cannot be used as evidence. However, the bill clarifies that this does not prevent the use of such evidence against those who conducted or authorized the interception if it was not done in good faith reliance on the law. The bill also corrects a grammatical error, changing "do" to "does" in the relevant subsection.
Statutes affected: Introduced Version: 13-3015