2009 California Penal Code - Section 629.50-629.98 :: Chapter 1.4. Interception Of Wire, Electronic Digital Pager,or Electronic Cellular Telephone Communications

PENAL CODE
SECTION 629.50-629.98

629.50.  (a) Each application for an order authorizing the
interception of a wire, electronic pager, or electronic cellular
telephone communication shall be made in writing upon the personal
oath or affirmation of the Attorney General, Chief Deputy Attorney
General, or Chief Assistant Attorney General, Criminal Law Division,
or of a district attorney, or the person designated to act as
district attorney in the district attorney's absence, to the
presiding judge of the superior court or one other judge designated
by the presiding judge. An ordered list of additional judges may be
authorized by the presiding judge to sign an order authorizing an
interception. One of these judges may hear an application and sign an
order only if that judge makes a determination that the presiding
judge, the first designated judge, and those judges higher on the
list are unavailable. Each application shall include all of the
following information:
   (1) The identity of the investigative or law enforcement officer
making the application, and the officer authorizing the application.
   (2) The identity of the law enforcement agency that is to execute
the order.
   (3) A statement attesting to a review of the application and the
circumstances in support thereof by the chief executive officer, or
his or her designee, of the law enforcement agency making the
application. This statement shall name the chief executive officer or
the designee who effected this review.
   (4) A full and complete statement of the facts and circumstances
relied upon by the applicant to justify his or her belief that an
order should be issued, including (A) details as to the particular
offense that has been, is being, or is about to be committed, (B) the
fact that conventional investigative techniques had been tried and
were unsuccessful, or why they reasonably appear to be unlikely to
succeed or to be too dangerous, (C) a particular description of the
nature and location of the facilities from which or the place where
the communication is to be intercepted, (D) a particular description
of the type of communication sought to be intercepted, and (E) the
identity, if known, of the person committing the offense and whose
communications are to be intercepted, or if that person's identity is
not known, then the information relating to the person's identity
that is known to the applicant.
   (5) A statement of the period of time for which the interception
is required to be maintained, and if the nature of the investigation
is such that the authorization for interception should not
automatically terminate when the described type of communication has
been first obtained, a particular description of the facts
establishing probable cause to believe that additional communications
of the same type will occur thereafter.
   (6) A full and complete statement of the facts concerning all
previous applications known, to the individual authorizing and to the
individual making the application, to have been made to any judge of
a state or federal court for authorization to intercept wire,
electronic pager, or electronic cellular telephone communications
involving any of the same persons, facilities, or places specified in
the application, and the action taken by the judge on each of those
applications. This requirement may be satisfied by making inquiry of
the California Attorney General and the United States Department of
Justice and reporting the results of these inquiries in the
application.
   (7) If the application is for the extension of an order, a
statement setting forth the number of communications intercepted
pursuant to the original order, and the results thus far obtained
from the interception, or a reasonable explanation of the failure to
obtain results.
   (8) An application for modification of an order may be made when
there is probable cause to believe that the person or persons
identified in the original order have commenced to use a facility or
device that is not subject to the original order. Any modification
under this subdivision shall only be valid for the period authorized
under the order being modified. The application for modification
shall meet all of the requirements in paragraphs (1) to (6),
inclusive, and shall include a statement of the results thus far
obtained from the interception, or a reasonable explanation for the
failure to obtain results.
   (b) The judge may require the applicant to furnish additional
testimony or documentary evidence in support of an application for an
order under this section.
   (c) The judge shall accept a facsimile copy of the signature of
any person required to give a personal oath or affirmation pursuant
to subdivision (a) as an original signature to the application. The
original signed document shall be sealed and kept with the
application pursuant to the provisions of Section 629.66 and custody
of the original signed document shall be in the same manner as the
judge orders for the application.

629.51.  For the purposes of this chapter, the following terms have
the following meanings:
   (a) "Wire communication" means any aural transfer made in whole or
in part through the use of facilities for the transmission of
communications by the aid of wire, cable, or other like connection
between the point of origin and the point of reception (including the
use of a like connection in a switching station), furnished or
operated by any person engaged in providing or operating these
facilities for the transmission of communications.
   (b) "Electronic pager communication" means any tone or digital
display or tone and voice pager communication.
   (c) "Electronic cellular telephone communication" means any
cellular or cordless radio telephone communication.
   (d) "Aural transfer" means a transfer containing the human voice
at any point between and including the point of origin and the point
of reception.

629.52.  Upon application made under Section 629.50, the judge may
enter an ex parte order, as requested or modified, authorizing
interception of wire, electronic pager, or electronic cellular
telephone communications initially intercepted within the territorial
jurisdiction of the court in which the judge is sitting, if the
judge determines, on the basis of the facts submitted by the
applicant, all of the following:
   (a) There is probable cause to believe that an individual is
committing, has committed, or is about to commit, one of the
following offenses:
   (1) Importation, possession for sale, transportation, manufacture,
or sale of controlled substances in violation of Section 11351,
11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6
of the Health and Safety Code with respect to a substance containing
heroin, cocaine, PCP, methamphetamine, or their precursors or analogs
where the substance exceeds 10 gallons by liquid volume or three
pounds of solid substance by weight.
   (2) Murder, solicitation to commit murder, the commission of a
felony involving a destructive device in violation of Section 12303,
12303.1, 12303.2, 12303.3, 12303.6, 12308, 12309, 12310, or 12312, or
a violation of Section 209.
   (3) Any felony violation of Section 186.22.
   (4) Any felony violation of Section 11418, relating to weapons of
mass destruction, Section 11418.5, relating to threats to use weapons
of mass destruction, or Section 11419, relating to restricted
biological agents.
   (5) An attempt or conspiracy to commit any of the above-mentioned
crimes.
   (b) There is probable cause to believe that particular
communications concerning the illegal activities will be obtained
through that interception, including, but not limited to,
communications that may be utilized for locating or rescuing a kidnap
victim.
   (c) There is probable cause to believe that the facilities from
which, or the place where, the wire, electronic pager, or electronic
cellular telephone communications are to be intercepted are being
used, or are about to be used, in connection with the commission of
the offense, or are leased to, listed in the name of, or commonly
used by the person whose communications are to be intercepted.
   (d) Normal investigative procedures have been tried and have
failed or reasonably appear either to be unlikely to succeed if tried
or to be too dangerous.

629.53.  The Judicial Council may establish guidelines for judges to
follow in granting an order authorizing the interception of any
wire, electronic pager, or electronic cellular telephone
communications.

629.54.  Each order authorizing the interception of any wire,
electronic pager, or electronic cellular telephone communication
shall specify all of the following:
   (a) The identity, if known, of the person whose communications are
to be intercepted, or if the identity is not known, then that
information relating to the person's identity known to the applicant.
   (b) The nature and location of the communication facilities as to
which, or the place where, authority to intercept is granted.
   (c) A particular description of the type of communication sought
to be intercepted, and a statement of the illegal activities to which
it relates.
   (d) The identity of the agency authorized to intercept the
communications and of the person making the application.
   (e) The period of time during which the interception is authorized
including a statement as to whether or not the interception shall
automatically terminate when the described communication has been
first obtained.

629.56.  (a) Upon informal application by the Attorney General,
Chief Deputy Attorney General, or Chief Assistant Attorney General,
Criminal Law Division, or a district attorney, or the person
designated to act as district attorney in the district attorney's
absence, the presiding judge of the superior court or the first
available judge designated as provided in Section 629.50 may grant
oral approval for an interception, without an order, if he or she
determines all of the following:
   (1) There are grounds upon which an order could be issued under
this chapter.
   (2) There is probable cause to believe that an emergency situation
exists with respect to the investigation of an offense enumerated in
this chapter.
   (3) There is probable cause to believe that a substantial danger
to life or limb exists justifying the authorization for immediate
interception of a private wire, electronic pager, or electronic
cellular telephone communication before an application for an order
could with due diligence be submitted and acted upon.
   (b) Approval for an interception under this section shall be
conditioned upon filing with the judge, within 48 hours of the oral
approval, a written application for an order which, if granted
consistent with this chapter, shall also recite the oral approval
under this subdivision and be retroactive to the time of the oral
approval.

629.58.  No order entered under this chapter shall authorize the
interception of any wire, electronic pager, or electronic cellular
telephone, or electronic communication for any period longer than is
necessary to achieve the objective of the authorization, nor in any
event longer than 30 days. Extensions of an order may be granted, but
only upon application for an extension made in accordance with
Section 629.50 and upon the court making findings required by Section
629.52. The period of extension shall be no longer than the
authorizing judge deems necessary to achieve the purposes for which
it was granted and in no event any longer than 30 days. Every order
and extension thereof shall contain a provision that the
authorization to intercept shall be executed as soon as practicable,
shall be conducted so as to minimize the interception of
communications not otherwise subject to interception under this
chapter, and shall terminate upon attainment of the authorized
objective, or in any event at the time expiration of the term
designated in the order or any extensions. In the event the
intercepted communication is in a foreign language, an interpreter of
that foreign language may assist peace officers in executing the
authorization provided in this chapter, provided that the interpreter
has the same training as any other intercepter authorized under this
chapter and provided that the interception shall be conducted so as
to minimize the interception of communications not otherwise subject
to interception under this chapter.

629.60.  Whenever an order authorizing an interception is entered,
the order shall require reports in writing or otherwise to be made to
the judge who issued the order showing the number of communications
intercepted pursuant to the original order, and a statement setting
forth what progress has been made toward achievement of the
authorized objective, or a satisfactory explanation for its lack, and
the need for continued interception. If the judge finds that
progress has not been made, that the explanation for its lack is not
satisfactory, or that no need exists for continued interception, he
or she shall order that the interception immediately terminate. The
reports shall be filed with the court at the intervals that the judge
may require, but not less than one for each period of six days, and
shall be made by any reasonable and reliable means, as determined by
the judge.

629.61.  (a) Whenever an order authorizing an interception is
entered, the order shall require a report in writing or otherwise to
be made to the Attorney General showing what persons, facilities,
places, or any combination of these are to be intercepted pursuant to
the application, and the action taken by the judge on each of those
applications. The report shall be made at the interval that the order
may require, but not more than 10 days after the order was issued,
and shall be made by any reasonable and reliable means, as determined
by the Attorney General.
   (b) The Attorney General may issue regulations prescribing the
collection and dissemination of information collected pursuant to
this chapter.
   (c) The Attorney General shall, upon the request of an individual
making an application for an interception order pursuant to this
chapter, provide any information known as a result of these reporting
requirements and in compliance with paragraph (6) of subdivision (a)
of Section 629.50.

629.62.  (a) The Attorney General shall prepare and submit an annual
report to the Legislature, the Judicial Council, and the Director of
the Administrative Office of the United States Court on
interceptions conducted under the authority of this chapter during
the preceding year. Information for this report shall be provided to
the Attorney General by any prosecutorial agency seeking an order
pursuant to this chapter.
   (b) The report shall include all of the following data:
   (1) The number of orders or extensions applied for.
   (2) The kinds of orders or extensions applied for.
   (3) The fact that the order or extension was granted as applied
for, was modified, or was denied.
   (4) The number of wire, electronic pager, and electronic cellular
telephone devices that are the subject of each order granted.
   (5) The period of interceptions authorized by the order, and the
number and duration of any extensions of the order.
   (6) The offense specified in the order or application, or
extension of an order.
   (7) The identity of the applying law enforcement officer and
agency making the application and the person authorizing the
application.
   (8) The nature of the facilities from which or the place where
communications were to be intercepted.
   (9) A general description of the interceptions made under the
order or extension, including (A) the approximate nature and
frequency of incriminating communications intercepted, (B) the
approximate nature and frequency of other communications intercepted,
(C) the approximate number of persons whose communications were
intercepted, and (D) the approximate nature, amount, and cost of the
manpower and other resources used in the interceptions.
   (10) The number of arrests resulting from interceptions made under
the order or extension, and the offenses for which arrests were
made.
   (11) The number of trials resulting from the interceptions.
   (12) The number of motions to suppress made with respect to the
interceptions, and the number granted or denied.
   (13) The number of convictions resulting from the interceptions
and the offenses for which the convictions were obtained and a
general assessment of the importance of the interceptions.
   (14) Except with regard to the initial report required by this
section, the information required by paragraphs (9) to (13),
inclusive, with respect to orders or extensions obtained in a
preceding calendar year.
   (15) The date of the order for service of inventory made pursuant
to Section 629.68, confirmation of compliance with the order, and the
number of notices sent.
   (16) Other data that the Legislature, the Judicial Council, or the
Director of the Administrative Office shall require.
   (c) The annual report shall be filed no later than April of each
year, and shall also include a summary analysis of the data reported
pursuant to subdivision (b). The Attorney General may issue
regulations prescribing the content and form of the reports required
to be filed pursuant to this section by any prosecutorial agency
seeking an order to intercept wire, electronic pager, or electronic
cellular telephone communications.
   (d) The Attorney General shall, upon the request of an individual
making an application, provide any information known to him or her as
a result of these reporting requirements that would enable the
individual making an application to comply with paragraph (6) of
subdivision (a) of Section 629.50.

629.64.  The contents of any wire or electronic communication
intercepted by any means authorized by this chapter shall, if
possible, be recorded on any recording media. The recording of the
contents of any wire or electronic cellular telephone communication
pursuant to this chapter shall be done in a way that will protect the
recording from editing or other alterations and ensure that the
recording can be immediately verified as to its authenticity and
originality and that any alteration can be immediately detected. In
addition, the monitoring or recording device shall be of a type and
shall be installed to preclude any interruption or monitoring of the
interception by any unauthorized means. Immediately upon the
expiration of the period of the order, or extensions thereof, the
recordings shall be made available to the judge issuing the order and
sealed under his or her directions. Custody of the recordings shall
be where the judge orders. They shall not be destroyed except upon an
order of the issuing or denying judge and in any event shall be kept
for 10 years. Duplicate recordings may be made for use or disclosure
pursuant to the provisions of Sections 629.74 and 629.76 for
investigations. The presence of the seal provided for by this
section, or a satisfactory explanation for the absence thereof, shall
be a prerequisite for the use or disclosure of the contents of any
wire or electronic cellular telephone communication or evidence
derived therefrom under Section 629.78.

629.66.  Applications made and orders granted pursuant to this
chapter shall be sealed by the judge. Custody of the applications and
orders shall be where the judge orders. The applications and orders
shall be disclosed only upon a showing of good cause before a judge
and shall not be destroyed except on order of the issuing or denying
judge, and in any event shall be kept for 10 years.

629.68.  Within a reasonable time, but no later than 90 days, after
the termination of the period of an order or extensions thereof, or
after the filing of an application for an order of approval under
Section 629.56 which has been denied, the issuing judge shall issue
an order that shall require the requesting agency to serve upon
persons named in the order or the application, and other known
parties to intercepted communications, an inventory which shall
include notice of all of the following:
   (a) The fact of the entry of the order.
   (b) The date of the entry and the period of authorized
interception.
   (c) The fact that during the period wire, electronic pager, or
electronic cellular telephone communications were or were not
intercepted.
   The judge, upon filing of a motion, may, in his or her discretion,
make available to the person or his or her counsel for inspection
the portions of the intercepted communications, applications, and
orders that the judge determines to be in the interest of justice. On
an ex parte showing of good cause to a judge, the serving of the
inventory required by this section may be postponed. The period of
postponement shall be no longer than the authorizing judge deems
necessary to achieve the purposes for which it was granted.

629.70.  (a) A defendant shall be notified that he or she was
identified as the result of an interception that was obtained
pursuant to this chapter. The notice shall be provided prior to the
entry of a plea of guilty or nolo contendere, or at least 10 days
prior to any trial, hearing, or proceeding in the case other than an
arraignment or grand jury proceeding.
   (b) Within the time period specified in subdivision (c), the
prosecution shall provide to the defendant a copy of all recorded
interceptions from which evidence against the defendant was derived,
including a copy of the court order, accompanying application, and
monitoring logs.
   (c) Neither the contents of any intercepted wire, electronic
pager, or electronic cellular telephone communication nor evidence
derived from those contents shall be received in evidence or
otherwise disclosed in any trial, hearing, or other proceeding,
except a grand jury proceeding, unless each party, not less than 10
days before the trial, hearing, or proceeding, has been furnished
with a transcript of the contents of the interception and with the
materials specified in subdivision (b). This 10-day period may be
waived by the judge with regard to the transcript if he or she finds
that it was not possible to furnish the party with the transcript 10
days before the trial, hearing, or proceeding, and that the party
will not be prejudiced by the delay in receiving that transcript.
   (d) A court may issue an order limiting disclosures pursuant to
subdivisions (a) and (b) upon a showing of good cause.

629.72.  Any person in any trial, hearing, or proceeding, may move
to suppress some or all of the contents of any intercepted wire,
electronic pager, or electronic cellular telephone communications, or
evidence derived therefrom, only on the basis that the contents or
evidence were obtained in violation of the Fourth Amendment of the
United States Constitution or of this chapter. The motion shall be
made, determined, and be subject to review in accordance with the
procedures set forth in Section 1538.5.

629.74.  The Attorney General, any deputy attorney general, district
attorney, or deputy district attorney, or any peace officer who, by
any means authorized by this chapter, has obtained knowledge of the
contents of any wire, electronic pager, or electronic cellular
telephone communication, or evidence derived therefrom, may disclose
the contents to one of the individuals referred to in this section
and to any investigative or law enforcement officer as defined in
subdivision (7) of Section 2510 of Title 18 of the United States Code
to the extent that the disclosure is permitted pursuant to Section
629.82 and is appropriate to the proper performance of the official
duties of the individual making or receiving the disclosure. No other
disclosure, except to a grand jury, of intercepted information is
permitted prior to a public court hearing by any person regardless of
how the person may have come into possession thereof.

629.76.  The Attorney General, any deputy attorney general, district
attorney, or deputy district attorney, or any peace officer or
federal law enforcement officer who, by any means authorized by this
chapter, has obtained knowledge of the contents of any wire,
electronic pager, or electronic cellular telephone communication, or
evidence derived therefrom may use the contents or evidence to the
extent the use is appropriate to the proper performance of his or her
official duties and is permitted pursuant to Section 629.82.

629.78.  Any person who has received, by any means authorized by
this chapter, any information concerning a wire, electronic pager, or
electronic cellular telephone communication, or evidence derived
therefrom, intercepted in accordance with the provisions of this
chapter, may, pursuant to Section 629.82, disclose the contents of
that communication or derivative evidence while giving testimony
under oath or affirmation in any criminal court proceeding or in any
grand jury proceeding.

629.80.  No otherwise privileged communication intercepted in
accordance with, or in violation of, the provisions of this chapter
shall lose its privileged character. When a peace officer or federal
law enforcement officer, while engaged in intercepting wire,
electronic pager, or electronic cellular telephone communications in
the manner authorized by this chapter, intercepts wire, electronic
pager, or electronic cellular telephone communications that are of a
privileged nature he or she shall immediately cease the interception
for at least two minutes. After a period of at least two minutes,
interception may be resumed for up to 30 seconds during which time
the officer shall determine if the nature of the communication is
still privileged. If still of a privileged nature, the officer shall
again cease interception for at least two minutes, after which the
officer may again resume interception for up to 30 seconds to
redetermine the nature of the communication. The officer shall
continue to go online and offline in this manner until the time that
the communication is no longer privileged or the communication ends.
The recording device shall be metered so as to authenticate upon
review that interruptions occurred as set forth in this chapter.

629.82.  (a) If a peace officer or federal law enforcement officer,
while engaged in intercepting wire, electronic pager, or electronic
cellular telephone communications in the manner authorized by this
chapter, intercepts wire, electronic pager, or electronic cellular
telephone communications relating to crimes other than those
specified in the order of authorization, but which are enumerated in
subdivision (a) of Section 629.52, or any violent felony as defined
in subdivision (c) of Section 667.5, (1) the contents thereof, and
evidence derived therefrom, may be disclosed or used as provided in
Sections 629.74 and 629.76 and (2) the contents and any evidence
derived therefrom may be used under Section 629.78 when authorized by
a judge if the judge finds, upon subsequent application, that the
contents were otherwise intercepted in accordance with the provisions
of this chapter. The application shall be made as soon as
practicable.
   (b) If a peace officer or federal law enforcement officer, while
engaged in intercepting wire, electronic pager, or electronic
cellular telephone communications in the manner authorized by this
chapter, intercepts wire, electronic pager, or electronic cellular
telephone communications relating to crimes other than those
specified in subdivision (a), the contents thereof, and evidence
derived therefrom, may not be disclosed or used as provided in
Sections 629.74 and 629.76, except to prevent the commission of a
public offense. The contents and any evidence derived therefrom may
not be used under Section 629.78, except where the evidence was
obtained through an independent source or inevitably would have been
discovered, and the use is authorized by a judge who finds that the
contents were intercepted in accordance with this chapter.
   (c) The use of the contents of an intercepted wire, electronic
pager, or electronic cellular telephone communication relating to
crimes other than those specified in the order of authorization to
obtain a search or arrest warrant entitles the person named in the
warrant to notice of the intercepted wire, electronic pager, or
electronic cellular telephone communication and a copy of the
contents thereof that were used to obtain the warrant.

629.84.  Any violation of this chapter is punishable by a fine not
exceeding two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail not exceeding one year, or by
imprisonment in the state prison, or by both such fine and
imprisonment in the county jail or in the state prison.

629.86.  Any person whose wire, electronic pager, or electronic
cellular telephone communication is intercepted, disclosed, or used
in violation of this chapter shall have the following remedies:
   (a) Have a civil cause of action against any person who
intercepts, discloses, or uses, or procures any other person to
intercept, disclose, or use, the communications.
   (b) Be entitled to recover, in that action, all of the following:
   (1) Actual damages but not less than liquidated damages computed
at the rate of one hundred dollars ($100) a day for each day of
violation or one thousand dollars ($1,000), whichever is greater.
   (2) Punitive damages.
   (3) Reasonable attorney's fees and other litigation costs
reasonably incurred.
   A good faith reliance on a court order is a complete defense to
any civil or criminal action brought under this chapter, or under
Chapter 1.5 (commencing with Section 630) or any other law.

629.88.  Nothing in Section 631, 632.5, 632.6, or 632.7 shall be
construed as prohibiting any peace officer or federal law enforcement
officer from intercepting any wire, electronic pager, or electronic
cellular telephone communication pursuant to an order issued in
accordance with the provisions of this chapter. Nothing in Section
631, 632.5, 632.6, or 632.7 shall be construed as rendering
inadmissible in any criminal proceeding in any court or before any
grand jury any evidence obtained by means of an order issued in
accordance with the provisions of this chapter. Nothing in Section
637 shall be construed as prohibiting the disclosure of the contents
of any wire, electronic pager, or electronic cellular telephone
communication obtained by any means authorized by this chapter, if
the disclosure is authorized by this chapter. Nothing in this chapter
shall apply to any conduct authorized by Section 633.

629.89.  No order issued pursuant to this chapter shall either
directly or indirectly authorize covert entry into or upon the
premises of a residential dwelling, hotel room, or motel room for
installation or removal of any interception device or for any other
purpose. Notwithstanding that this entry is otherwise prohibited by
any other section or code, this chapter expressly prohibits covert
entry of a residential dwelling, hotel room, or motel room to
facilitate an order to intercept wire, electronic pager, or
electronic cellular telephone communications.

629.90.  An order authorizing the interception of a wire, electronic
pager, or electronic cellular telephone communication shall direct,
upon request of the applicant, that a public utility engaged in the
business of providing communications services and facilities, a
landlord, custodian, or any other person furnish the applicant
forthwith all information, facilities, and technical assistance
necessary to accomplish the interception unobtrusively and with a
minimum of interference with the services which the public utility,
landlord, custodian, or other person is providing the person whose
communications are to be intercepted. Any such public utility,
landlord, custodian, or other person furnishing facilities or
technical assistance shall be fully compensated by the applicant for
the reasonable costs of furnishing the facilities and technical
assistance.

629.91.  A good faith reliance on a court order issued in accordance
with this chapter by any public utility, landlord, custodian, or any
other person furnishing information, facilities, and technical
assistance as directed by the order is a complete defense to any
civil or criminal action brought under this chapter, Chapter 1.5
(commencing with Section 630), or any other law.

629.92.  Notwithstanding any other provision of law, any court to
which an application is made in accordance with this chapter may take
any evidence, make any finding, or issue any order required to
conform the proceedings or the issuance of any order of authorization
or approval to the provisions of the Constitution of the United
States, any law of the United States, or this chapter.

629.94.  (a) The Commission on Peace Officer Standards and Training,
in consultation with the Attorney General, shall establish a course
of training in the legal, practical, and technical aspects of the
interception of private wire, electronic pager, or electronic
cellular telephone communications and related investigative
techniques.
   (b) The Attorney General shall set minimum standards for
certification and periodic recertification of the following persons
as eligible to apply for orders authorizing the interception of
private wire, electronic pager, or electronic cellular telephone
communications, to conduct the interceptions, and to use the
communications or evidence derived from them in official proceedings:
   (1) Investigative or law enforcement officers.
   (2) Other persons, when necessary, to provide linguistic
interpretation who are designated by the Attorney General, Chief
Deputy Attorney General, or Chief Assistant Attorney General,
Criminal Law Division, or the district attorney, or the district
attorney's designee and are supervised by an investigative or law
enforcement officer.
   (c) The Commission on Peace Officer Standards and Training may
charge a reasonable enrollment fee for those students who are
employed by an agency not eligible for reimbursement by the
commission to offset the costs of the training. The Attorney General
may charge a reasonable fee to offset the cost of certification.

629.96.  If any provision of this chapter, or the application
thereof to any person or circumstances, is held invalid, the
remainder of the chapter, and the application of its provisions to
other persons or circumstances, shall not be affected thereby.

629.98.  This chapter shall remain in effect only until January 1,
2012, and as of that date is repealed.


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