Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 925

Introduced by Assembly Member Low

February 26, 2015

An act to amend Section begin delete 632 end delete begin insert 632.7 end insert of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 925, as amended, Low. begin delete Confidential conversations: eavesdropping. end delete begin insert Interception and intentional recording of communication. end insert

begin insert

Existing law makes it a misdemeanor, punishable by a fine not to exceed $2,500, by imprisonment in county jail for not more than one year or in the state prison, or by both that fine and imprisonment to, without the consent of both parties, intercept or receive and intentionally record, or assist in the interception or receipt and intentional recording of, a communication transmitted between 2 devices, including cordless telephones and cellular radio telephones.

end insert begin insert

This bill would increase the fine for this crime to not more than $3,500.

end insert begin delete

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.

end delete begin delete

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

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 632.7 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

632.7.  

(a) Every person who, without the consent of all parties
to a communication, intercepts or receives and intentionally
records, or assists in the interception or reception and intentional
recordation of, a communication transmitted between two cellular
radio telephones, a cellular radio telephone and a landline
telephone, two cordless telephones, a cordless telephone and a
landline telephone, or a cordless telephone and a cellular radio
telephone, shall be punished by a fine not exceeding begin delete two end delete begin insert three end insert
thousand five hundred dollars begin delete ($2,500), end delete begin insert ($3,500), end insert or by
imprisonment in a county jail not exceeding one year, or in the
state prison, or by both that fine and imprisonment. If the person
has been convicted previously of a violation of this section or of
Section 631, 632, 632.5, 632.6, or 636, the person shall be punished
by a fine not exceeding ten thousand dollars ($10,000), by
imprisonment in a county jail not exceeding one year, or in the
state prison, or by both that fine and imprisonment.

(b) This section shall not apply to any of the following:

(1)  begin delete Any end delete begin insert A end insert 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
are for the purpose of construction, maintenance, conduct, or
operation of the services and facilities of the public utility.

(2) The use of any instrument, equipment, facility, or service
furnished and used pursuant to the tariffs of the public utility.

(3)  begin delete Any end delete begin insert A end insert telephonic communication system used for
communication exclusively within a state, county, city and county,
or city correctional facility.

(c) As used in this section, each of the following terms have the
following meaning:

(1) “Cellular radio telephone” means a wireless telephone
authorized by the Federal Communications Commission to operate
in the frequency bandwidth reserved for cellular radio telephones.

(2) “Cordless telephone” means a two-way, low power
communication system consisting of two parts, a “base” unit which
connects to the public switched telephone network and a handset
or “remote” unit, that are connected by a radio link and authorized
by the Federal Communications Commission to operate in the
frequency bandwidths reserved for cordless telephones.

(3) “Communication” includes, but is not limited to,
communications transmitted by voice, data, or image, including
facsimile.

begin delete

SECTION 1.  

Section 632 of the Penal Code is amended to
read:

632.  

(a) (1) A 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 county
jail not exceeding one year, or in the state prison, or by both that
fine and imprisonment.

(2) If 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 county jail not exceeding
one year, or in the state prison, or by both that fine and
imprisonment.

(b) For purposes of this section “person” means an individual,
business entity, or other legal entity, and an individual acting, or
purporting to act, for or on behalf of a government or subdivision
of a government, whether federal, state, or local. “Person” excludes
an individual known by all parties to a confidential communication
to be overhearing or recording the communication.

(c) For purposes of this section “Confidential communication”
means a communication carried on in circumstances as may
reasonably indicate that a party to the communication desires the
communication to be confined to the participating parties.
“Confidential communication” excludes a communication made
in a public gathering or in a legislative, judicial, executive, 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 a person afflicted with impaired hearing, for
the purpose of overcoming the impairment to permit the hearing
of sounds ordinarily audible to the human ear.

end delete