BILL NUMBER: AB 1010	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 19, 2011

INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 18, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1010, as amended, 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,  
additionally provide that  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  ,   would be exempt
from certain of these prohibitions, including eavesdropping on or
recording confidential communications, as specified  .
   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 633.05 is added to the 
 Penal Code   , to read:  
   633.05.  (a) Nothing in Section 632, 632.5, 632.6, or 632.7
prohibits a city attorney acting under 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 those city attorneys acting within the scope of his or her
authority, from overhearing or recording any communication that they
could lawfully overhear or record.
   (b) Nothing in Section 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.  
  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.
   (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.