AB 249, as introduced, Donnelly. Invasion of privacy.
Existing law makes wiretapping without the consent of all parties to the communication, or in an unauthorized manner, a crime. Existing law further declares that advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and that the invasion of privacy resulting from the continual and increasing use of those devices and techniques has created a serious threat to the free exercise of personal liberties and cannot be tolerated in a free and civilized society. Existing law expresses the intent of the Legislature to protect the right of privacy of the people of California.
This bill would make a technical, nonsubstantive change to those provisions describing the invasion of privacy resulting from the use of those devices.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 630 of the Penal Code is amended to
2read:
begin insert(a)end insertbegin insert end insert The Legislature hereby declares that advances in
2science and technology have led to the development of new devices
3and techniques for the purpose of eavesdropping upon private
4communications and that the invasion of privacy resulting from
5the continual and increasing use ofbegin delete suchend deletebegin insert thoseend insert devices and
6techniques has created a serious threat to the free exercise of
7personal liberties and
cannot be tolerated in a free and civilized
8society.
9The
end delete
10begin insert(b)end insertbegin insert end insertbegin insertThe end insertLegislature by this chapter intends to protect the right
11of privacy of the people of this state.
12The
end delete
13begin insert(c)end insertbegin insert end insertbegin insertThe end insertLegislature recognizes that law enforcement agencies
14have a legitimate need to employ modern listening devices and
15techniques in the investigation of criminal conduct
and the
16apprehension of lawbreakers. Therefore, it is not the intent of the
17Legislature to place greater restraints on the use of listening devices
18and techniques by law enforcement agencies than existed prior to
19the effective date of this chapter.
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