Amended in Assembly April 13, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 925


Introduced by Assembly Member Low

February 26, 2015


An act to amend Section 632.7 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 925, as amended, Low. begin deleteInterception and intentional end deletebegin insertIntentional end insertrecording ofbegin insert telephonicend insert communication.

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 andbegin delete imprisonment to, without the consent of both parties,end deletebegin insert imprisonment, toend insert intercept or receive and intentionally record, or assist in the interception or receipt and intentional recording of, a communication transmitted between 2begin insert telephonicend insert devices,begin delete including cordless telephones and cellular radio telephones.end deletebegin insert without the consent of all parties to the communication. Existing law exempts from these provisions a public communications utility when the acts are for the construction, maintenance, or operation of the services of the public utility or are pursuant to the tariffs of the public utility, and also exempts telephonic communication systems used exclusively within a correctional facility, as specified.end insert

This bill wouldbegin delete increase the fine for this crime to not more than $3,500.end deletebegin insert additionally exempt from that prohibition a nonconfidential communication between a person or business and a current or former customer, or a person reasonably believed to be a current or former customer, regarding their business relationship, including communications regarding billing, provisioning, maintaining, or operating the product or service provided by the person or business.end insert

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

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

P2    1

SECTION 1.  

Section 632.7 of the Penal Code is amended to
2read:

3

632.7.  

(a) Every person who, without the consent of all parties
4to a communication, intercepts or receives and intentionally
5records, or assists in the interception or reception and intentional
6recordation of, a communication transmitted between two cellular
7radio telephones, a cellular radio telephone and a landline
8telephone, two cordless telephones, a cordless telephone and a
9landline telephone, or a cordless telephone and a cellular radio
10telephone, shall be punished by a fine not exceedingbegin delete threeend deletebegin insert two end insert
11 thousand five hundred dollarsbegin delete ($3,500),end deletebegin insert ($2,500)end insertbegin insert,end insert or by
12imprisonment in a county jail not exceeding one year, or in the
13state prison, or by both that fine and imprisonment. If the person
14has been convicted previously of a violation of this section or of
15Section 631, 632, 632.5, 632.6, or 636, the person shall be punished
16by a fine not exceeding ten thousand dollars ($10,000), by
17imprisonment in a county jail not exceeding one year, or in the
18state prison, or by both that fine and imprisonment.

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

20(1) A public utility engaged in the business of providing
21communications services and facilities, or to the officers,
22employees, or agents thereof,begin delete whereend deletebegin insert whenend insert the acts otherwise
23prohibited are for the purpose of construction, maintenance,
24conduct, or operation of the services and facilities of the public
25utility.

26(2) The use of any instrument, equipment, facility, or service
27furnished and used pursuant to the tariffs of the public utility.

28(3) A telephonic communication system used for communication
29exclusively within a state, county, city and county, or city
30correctional facility.

begin insert

31(4) A nonconfidential communication between a person or
32business and a current or former customer of the person or
P3    1business, or a person reasonably believed to be a current or former
2customer, regarding their business relationship, including, but not
3limited to, communications regarding billing, provisioning,
4maintaining, or operating the product or service provided by the
5person or business.

end insert

6(c) As used in this section, each of the following terms have the
7following meaning:

8(1) “Cellular radio telephone” means a wireless telephone
9authorized by the Federal Communications Commission to operate
10in the frequency bandwidth reserved for cellular radio telephones.

11(2) “Cordless telephone” means a two-way, low power
12communication system consisting of two parts, a “base” unit which
13connects to the public switched telephone network and a handset
14or “remote” unit, that are connected by a radio link and authorized
15by the Federal Communications Commission to operate in the
16frequency bandwidths reserved for cordless telephones.

17(3) “Communication” includes, but is not limited to,
18communications transmitted by voice, data, or image, including
19facsimile.



O

    97