Senate BillNo. 424


Introduced by Senator Pan

February 25, 2015


An act to amend Section 633 of the Penal Code, relating to law enforcement.

LEGISLATIVE COUNSEL’S DIGEST

SB 424, as introduced, Pan. Law enforcement: communications.

Existing law establishes various prohibitions against eavesdropping and recording or intercepting certain communications. A violation of these prohibitions is a crime. Existing law provides that specified law enforcement officers are not prohibited by those provisions from overhearing or recording any communication that they could lawfully overhear or record prior to the January 1, 1968, effective date of those prohibitions.

This bill would include any POST-certified chief of police, assistant chief of police, or police officer of a university or college campus in the list of law enforcement officers to whom the prohibitions described above do not apply.

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

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

P1    1

SECTION 1.  

Section 633 of the Penal Code is amended to
2read:

3

633.  

begin insert(a)end insertbegin insertend insertNothing in Section 631, 632, 632.5, 632.6, or 632.7
4prohibits the Attorney General, any district attorney, or any
5assistant, deputy, or investigator of the Attorney General or any
6district attorney, any officer of the California Highway Patrol, any
P2    1chief of police, assistant chief of police, or police officer of a city
2or city and county, any sheriff, undersheriff, or deputy sheriff
3regularly employed and paid in that capacity by a county, police
4officer of the County of Los Angeles,begin insert any POST-certified chief of
5police, assistant chief of police, or police officer of a university or
6college campus,end insert
or any person acting pursuant to the direction of
7one of these law enforcement officers acting within the scope of
8his or her authority, from overhearing or recording any
9communication that they could lawfully overhear or record prior
10tobegin delete the effective date of this chapter.end deletebegin insert January 1, 1968.end insert

begin delete

11 Nothing

end delete

12begin insert(b)end insertbegin insertend insertbegin insertNothingend insert in Section 631, 632, 632.5, 632.6, or 632.7 renders
13inadmissible any evidence obtained by thebegin delete above-namedend delete persons
14begin insert specified in subdivision (a)end insert by means of overhearing or recording
15any communication that they could lawfully overhear or record
16prior tobegin delete the effective date of this chapter.end deletebegin insert January 1, 1968.end insert



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