California Legislature—2015–16 Regular Session

Assembly Bill No. 925

Introduced by Assembly Member Low

February 26, 2015

An act to amend Section 632 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 925, as introduced, Low. Confidential conversations: eavesdropping.

Existing law makes it a crime to intentionally and without consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio. Existing law also makes evidence obtained as a result of eavesdropping upon or recording a confidential communication inadmissible in any judicial, administrative, legislative, or other proceeding.

This bill would make nonsubstantive, technical changes to those provisions.

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 632 of the Penal Code is amended to
read:

632.  

(a)  begin delete Every end delete begin insert (1) end insert begin insert   end insert begin insert A end insert person who, intentionally and without
the consent of all parties to a confidential communication, by
means of any electronic amplifying or recording device, eavesdrops
upon or records the confidential communication, whether the
communication is carried on among the parties in the presence of
one another or by means of a telegraph, telephone, or other device,
except a radio, shall be punished by a fine not exceeding two
thousand five hundred dollars ($2,500), or imprisonment in begin delete the end delete
county jail not exceeding one year, or in the state prison, or by
both that fine and imprisonment. begin delete If end delete

begin insert (2) end insert begin insert   end insert begin insert If end insert the person has previously been convicted of a violation
of this section or Section 631, 632.5, 632.6, 632.7, or 636, the
person shall be punished by a fine not exceeding ten thousand
dollars ($10,000), by imprisonment in begin delete the end delete county jail not exceeding
one year, or in the state prison, or by both that fine and
imprisonment.

(b)  begin delete The term “person” includes end delete begin insert For purposes of this section
“person” means end insert an individual, business begin delete association, partnership,
corporation, limited liability company, end delete begin insert entity, end insert or other legal entity,
and an individual begin delete acting end delete begin insert acting, end insert or purporting to begin delete act end delete begin insert act, end insert for or on
behalf of begin delete any end delete begin insert a end insert government or subdivision begin delete thereof, end delete begin insert of a
government, end insert whether federal, state, or begin delete local, but end delete begin insert local. “Person end insert begin insert ” end insert
excludes an individual known by all parties to a confidential
communication to be overhearing or recording the communication.

(c)  begin delete The term “confidential end delete begin insert For purposes of this section
“Confidential end insert communication” begin delete includes any end delete begin insert means a end insert
communication carried on in circumstances as may reasonably
indicate that begin delete any end delete begin insert a end insert party to the communication desires begin delete it end delete begin insert the
communication end insert to be confined to the begin delete parties thereto, but end delete
begin insert participating parties. “Confidential communication end insert begin insert ” end insert excludes a
communication made in a public gathering or in begin delete any end delete begin insert a end insert legislative,
judicial, begin delete executive end delete begin insert executive, end insert or administrative proceeding open
to the public, or in any other circumstance in which the parties to
the communication may reasonably expect that the communication
may be overheard or recorded.

(d) Except as proof in an action or prosecution for violation of
this section, no evidence obtained as a result of eavesdropping
upon or recording a confidential communication in violation of
this section shall be admissible in any judicial, administrative,
legislative, or other proceeding.

(e) This section does not apply (1) to any public utility engaged
in the business of providing communications services and facilities,
or to the officers, employees or agents thereof, where the acts
otherwise prohibited by this section are for the purpose of
construction, maintenance, conduct or operation of the services
and facilities of the public utility, or (2) to the use of any
instrument, equipment, facility, or service furnished and used
pursuant to the tariffs of a public utility, or (3) to any telephonic
communication system used for communication exclusively within
a state, county, city and county, or city correctional facility.

(f) This section does not apply to the use of hearing aids and
similar devices, by begin delete persons end delete begin insert a person end insert afflicted with impaired
hearing, for the purpose of overcoming the impairment to permit
the hearing of sounds ordinarily audible to the human ear.