BILL NUMBER: AB 1010	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 29, 2011
	PASSED THE ASSEMBLY  MAY 26, 2011
	AMENDED IN ASSEMBLY  MAY 19, 2011

INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 18, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1010, 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 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.



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.