BILL NUMBER: AB 249	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 6, 2013

   An act to amend Section 630 of the Penal Code, relating to
invasion of privacy.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 630 of the Penal Code is amended to read:
   630.   (a)    The Legislature hereby 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  such  
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. 
   The 
    (b)     The Legislature by this
chapter intends to protect the right of privacy of the people of this
state. 
   The 
    (c)     The  Legislature recognizes
that law enforcement agencies have a legitimate need to employ modern
listening devices and techniques in the investigation of criminal
conduct and the apprehension of lawbreakers. Therefore, it is not the
intent of the Legislature to place greater restraints on the use of
listening devices and techniques by law enforcement agencies than
existed prior to the effective date of this chapter.