Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1671


Introduced by Assembly Member Gomez

January 15, 2016


An actbegin insert to amend Section 632 of the Penal Code,end insert relating to confidential communications.

LEGISLATIVE COUNSEL’S DIGEST

AB 1671, as amended, Gomez. Confidentialbegin delete videoend delete communications: disclosure.

begin insert

(1) Existing law makes it a crime for a person to intentionally eavesdrop upon or record a confidential communication by means of an electronic amplifying or recording device without the consent of all parties to the confidential communication. Existing law defines a confidential communication as any communication carried on in circumstances that reasonably indicate that any party to the communication desires it to be confined to the parties thereto.

end insert
begin insert

This bill would make it a crime to intentionally use, or attempt to use, or to intentionally disclose, or attempt to disclose, the contents of a confidential communication without the consent of all parties to the confidential communication unless specified conditions are met. The bill would also make it a crime to aid, employ, or conspire with any person to unlawfully do, permit, or cause the recordation, use, or disclosure of a confidential communication. By creating new crimes, this bill would impose a state-mandated local program.

end insert
begin insert

(2) Existing law makes the above-specified crime of eavesdropping punishable by a fine not to exceed $2,500 or imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years. If the person has previously been convicted of eavesdropping, or has previously been convicted of specified invasion of privacy crimes, existing law requires the person to be punished by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years.

end insert
begin insert

This bill would require the-above specified fines to be imposed on a per-violation basis.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law, with specified exemptions, makes it a crime to intentionally record a confidential communication without the consent of all parties to the communication.

end delete
begin delete

This bill would declare the intent of the Legislature to enact legislation to prohibit any person from intentionally video recording a confidential communication, or disclosing or distributing that communication, without obtaining the consent of all parties to the communication.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 632 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

632.  

(a) begin deleteEvery end deletebegin insertA end insertperson who, intentionally and without the
4consent of all parties to a confidentialbegin delete communication, byend delete
5begin insert communication, does any of the following shall be punished
6pursuant to subdivision (b):end insert

7begin insert(1)end insertbegin insertend insertbegin insertByend insert means of any electronic amplifying or recording device,
8eavesdrops upon or records the confidential communication,
9whether the communication is carried on among the parties in the
10presence of one another or by means of a telegraph, telephone, or
11other device, except abegin delete radio,end deletebegin insert radio.end insert

begin insert

12(2) Uses, attempts to use, discloses, or attempts to disclose, in
13any manner, or for any purpose, the contents of any confidential
14communication knowing or having reason to know the information
15was obtained in violation of paragraph (1).

end insert
begin insert

P3    1(3) Aids, employs, or conspires with any person or persons to
2unlawfully do, permit, or cause to be done any of the acts described
3in this subdivision.

end insert

4begin insert(b)end insertbegin insertend insertbegin insertA violation of subdivision (a)end insert shall be punished by a fine not
5exceeding two thousand five hundred dollarsbegin delete ($2,500),end deletebegin insert ($2,500)
6per violation,end insert
or imprisonment inbegin delete theend deletebegin insert aend insert county jail not exceeding
7one year, or in the state prison, or by both that fine and
8imprisonment. If the person has previously been convicted of a
9violation of this section or Section 631, 632.5, 632.6, 632.7, or
10636, the person shall be punished by a fine not exceeding ten
11thousand dollarsbegin delete ($10,000),end deletebegin insert ($10,000) per violation,end insert by
12imprisonment inbegin delete theend deletebegin insert aend insert county jail not exceeding one year, or in
13the state prison, or by both that fine and imprisonment.

begin delete

14(b) The term “person” includes

end delete

15begin insert(c)end insertbegin insertend insertbegin insertFor the purposes of this section, “person” meansend insert an
16individual, business association, partnership, corporation, limited
17liability company, or other legal entity, and an individual acting
18or purporting to act for or on behalf of any government or
19subdivision thereof, whether federal, state, or local, but excludes
20an individual known by all parties to a confidential communication
21to be overhearing or recording the communication.

begin delete

22(c) The term “confidential communication” includes

end delete

23begin insert(d)end insertbegin insertend insertbegin insertFor the purposes of this section, “confidential
24communication” meansend insert
any communication carried on in
25circumstances as may reasonably indicate that any party to the
26communication desires it to be confined to the parties thereto, but
27excludes a communication made in a public gathering or in any
28legislative, judicial, executive or administrative proceeding open
29to the public, or in any other circumstance in which the parties to
30the communication may reasonably expect that the communication
31may be overheard or recorded.

begin delete

32(d)

end delete

33begin insert(e)end insert Except as proof in an action or prosecution for violation of
34this section, no evidence obtained as a result of eavesdropping
35upon or recording a confidential communication in violation of
36this section shall be admissible in any judicial, administrative,
37legislative, or other proceeding.

begin delete

38(e)

end delete

39begin insert(f)end insert This section does not apply (1) to any public utility engaged
40in the business of providing communications services and facilities,
P4    1or to the officers, employees or agents thereof, where the acts
2otherwise prohibited by this section are for the purpose of
3construction, maintenance, conduct or operation of the services
4and facilities of the public utility, or (2) to the use of any
5instrument, equipment, facility, or service furnished and used
6pursuant to the tariffs of a public utility, or (3) to any telephonic
7communication system used for communication exclusively within
8a state, county, city and county, or city correctional facility.

begin delete

9(f)

end delete

10begin insert(g)end insert This section does not apply to the use of hearing aids and
11similar devices, by persons afflicted with impaired hearing, for
12the purpose of overcoming the impairment to permit the hearing
13of sounds ordinarily audible to the human ear.

begin insert

14(h) Paragraph (2) of subdivision (a) does not apply to any
15member of the media who uses, attempts to use, discloses, or
16attempts to disclose, a confidential communication if all of the
17following are true:

end insert
begin insert

18(1) The communication is truthful and regarding a matter of
19public concern.

end insert
begin insert

20(2) The communication was obtained lawfully by the member
21of the media and not obtained by him or her in violation of
22paragraph (1) of subdivision (a).

end insert
begin insert

23(3) The person did not know who was responsible for obtaining
24the information.

end insert
25begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.

end insert
begin delete
34

SECTION 1.  

It is the intent of the Legislature to enact
35legislation to prohibit any person from intentionally video recording
36a confidential communication, or disclosing or distributing that
37video-recording communication, without obtaining the consent of
38all parties to the communication.

end delete


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