BILL NUMBER: AB 1671 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Gomez
JANUARY 15, 2016
An act to amend Section 632 of the Penal Code,
relating to confidential communications.
LEGISLATIVE COUNSEL'S DIGEST
AB 1671, as amended, Gomez. Confidential video
communications: disclosure.
(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.
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.
(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.
This bill would require the-above specified fines to be imposed on
a per-violation basis.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law, with specified exemptions, makes it a crime to
intentionally record a confidential communication without the consent
of all parties to the communication.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
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) Every A person who,
intentionally and without the consent of all parties to a
confidential communication, by communication,
does any of the following shall be punished pursuant to subdivision
(b):
(1) 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,
radio.
(2) Uses, attempts to use, discloses, or attempts to disclose, in
any manner, or for any purpose, the contents of any confidential
communication knowing or having reason to know the information was
obtained in violation of paragraph (1).
(3) Aids, employs, or conspires with any person or persons to
unlawfully do, permit, or cause to be done any of the acts described
in this subdivision.
(b) A violation of subdivision (a)
shall be punished by a fine not exceeding two thousand five
hundred dollars ($2,500), ($2,500) per
violation, or imprisonment in the a
county jail not exceeding one year, or in the state prison, or
by both that fine and imprisonment. 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),
($10,000) per violation, by imprisonment in the
a county jail not exceeding one year, or in the
state prison, or by both that fine and imprisonment.
(b) The term "person" includes
(c) For the purposes of this section,
"person" means an individual, business association,
partnership, corporation, limited liability company, or other legal
entity, and an individual acting or purporting to act for or on
behalf of any government or subdivision thereof, whether federal,
state, or local, but excludes an individual known by all parties to a
confidential communication to be overhearing or recording the
communication.
(c) The term "confidential communication" includes
(d) For the purposes of this section,
"confidential communication" means any communication carried on
in circumstances as may reasonably indicate that any party to the
communication desires it to be confined to the parties thereto, but
excludes a communication made in a public gathering or in any
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)
(e) 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)
(f) 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)
(g) This section does not apply to the use of hearing
aids and similar devices, by persons afflicted with impaired hearing,
for the purpose of overcoming the impairment to permit the hearing
of sounds ordinarily audible to the human ear.
(h) Paragraph (2) of subdivision (a) does not apply to any member
of the media who uses, attempts to use, discloses, or attempts to
disclose, a confidential communication if all of the following are
true:
(1) The communication is truthful and regarding a matter of public
concern.
(2) The communication was obtained lawfully by the member of the
media and not obtained by him or her in violation of paragraph (1) of
subdivision (a).
(3) The person did not know who was responsible for obtaining the
information.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. It is the intent of the Legislature
to enact legislation to prohibit any person from intentionally video
recording a confidential communication, or disclosing or distributing
that video-recording communication, without obtaining the consent of
all parties to the communication.