HB 5712 Summary

• Creates the Surveillance Device Act and establishes a Surveillance Device Oversight Board within the Department of State Police to regulate police use of surveillance technology that intercepts data or voice communications.

• Board consists of seven members: the State Police Director, two public representatives appointed by legislative leaders (who cannot be current or former police officers), a county prosecuting attorney, a criminal defense attorney, and an ACLU-nominated individual appointed by the governor.

• Board must review and analyze surveillance technology, promulgate rules for police distribution and use of surveillance devices, and may restrict or prohibit device use by agencies or officers found to violate state or federal law or board rules after providing written notice and opportunity to be heard.

• Police agencies must submit monthly reports to the board detailing types and numbers of surveillance devices possessed, dates of use, reasons for use, and whether device use contributed to any person being charged with or convicted of a crime.

• Board must submit annual confidential reports to legislative committees by February 1; unauthorized disclosure of board reports or information is a misdemeanor punishable by up to 5 years imprisonment or up to 1 year in county jail and a $1,000 fine.