BILL NUMBER: AB 1305	CHAPTERED  06/22/05

	CHAPTER  17
	FILED WITH SECRETARY OF STATE  JUNE 22, 2005
	APPROVED BY GOVERNOR  JUNE 22, 2005
	PASSED THE SENATE  JUNE 13, 2005
	PASSED THE ASSEMBLY  MAY 9, 2005

INTRODUCED BY   Assembly Member Sharon Runner

                        FEBRUARY 22, 2005

   An act to amend Section 629.51 of the Penal Code, relating to
wiretaps.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1305, Sharon Runner  Wiretaps.
   Existing law defines "wire communication" as any transfer of the
human voice made with the aid of specified connections between the
point of origin and point of reception, furnished by specified
persons or facilities. The definition also includes the electronic
storage of these communications.
   This bill would delete storage of these communications from the
definition.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 629.51 of the Penal Code is amended to read:
   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.