SB 424, as amended, 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 wouldbegin delete includeend deletebegin insert similarly provide that the provisions prohibiting eavesdropping and recording or intercepting certain communications do not prohibitend insert any POST-certified chief of police, assistant chief of police, or police
officer of a university or college campusbegin delete in the list of law enforcement officers to whom the prohibitions described above do not apply.end deletebegin insert
acting within the scope of his or her authority, from overhearing or recording any communication that he or she could lawfully overhear or record prior to January 1, 1968, in any criminal investigation related to sexual assault or other sexual offense. The bill would also provide that those provisions also shall not prohibit those officers from using or operating body-worn cameras. The bill would also state that these provisions shall not be used to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly, or the constitutionally protected right of personal privacy.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:
begin insertSection 633.02 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
2read:end insert
(a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7
4prohibits any POST-certified chief of police, assistant chief of
5police, or police officer of a university or college campus acting
6within the scope of his or her authority, from overhearing or
7recording any communication that he or she could lawfully
8overhear or record prior to January 1, 1968, in any criminal
9investigation related to sexual assault or other sexual offense.
10(b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 shall
11prohibit any POST-certified chief of police, assistant chief of
12police, or police officer of a university or college campus from
13using or operating body-worn cameras.
14(c) This section shall not be construed to affect Section 633.
15(d) This section shall not be used to impinge upon the lawful
16exercise of constitutionally protected rights of freedom of speech
17or assembly, or the constitutionally protected right of personal
18privacy.
Section 633 of the Penal Code is amended to
20read:
(a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7
22prohibits the Attorney General, any district attorney, or any
23assistant, deputy, or investigator of the Attorney General or any
24district attorney, any officer of the California Highway Patrol, any
25chief of police, assistant chief of police, or police officer of a city
26or city and county, any sheriff, undersheriff, or deputy sheriff
27regularly employed and paid in that capacity by a county, police
28officer of the County of Los Angeles, any POST-certified chief of
29police, assistant chief of police, or police officer of a university or
30college campus,
or any person acting pursuant to the direction of
31one of these law enforcement officers acting within the scope of
32his or her authority, from overhearing or recording any
P3 1communication that they could lawfully overhear or record prior
2to January 1, 1968.
3(b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders
4inadmissible any evidence obtained by
the
persons specified in
5subdivision (a) by means of overhearing or recording any
6communication that they could lawfully overhear or record prior
7to January 1, 1968.
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