BILL NUMBER: AB 1010	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 18, 2011

   An act to amend Section 633 of the Penal Code, relating to law
enforcement.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1010, as introduced, Furutani. Law enforcement: communications.

   Existing law prohibits a variety of electronic eavesdropping, such
as wiretapping and electronic recording that is done without a
person's permission or knowledge. Existing law provides that
violations of these provisions are crimes. Existing law exempts a
variety of law enforcement entities from these prohibitions when
acting within the scope of their authority.
   This bill would add to the list of law enforcement entities
exempted from these prohibitions, a city attorney acting under the
authority granted by the district attorney of the county to prosecute
misdemeanors, as specified, provided that the authorization is
granted prior to January 1, 2012.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 633 of the Penal Code is amended to read:
   633.   (a)    Nothing in Section 631, 632,
632.5, 632.6, or 632.7 prohibits the Attorney General, any district
attorney, or any assistant, deputy, or investigator of the Attorney
General or any district attorney, any officer of the California
Highway Patrol, any chief of police, assistant chief of police, or
police officer of a city or city and county, any sheriff,
undersheriff, or deputy sheriff regularly employed and paid in that
capacity by a county, police officer of the County of Los Angeles,
 a city attorney acting under the authority of Section 41803.5 of
the Government Code, provided that authority is   granted
prior to January 1, 2012,  or any person acting pursuant to the
direction of one of these law enforcement officers acting within the
scope of his or her authority, from overhearing or recording any
communication that they could lawfully overhear or record prior to
the effective date of this chapter. 
    Nothing 
    (b)     Nothing  in Section 631, 632,
632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by
the above-named persons by means of overhearing or recording any
communication that they could lawfully overhear or record prior to
the effective date of this chapter.