BILL NUMBER: SB 424 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2015
INTRODUCED BY Senator Pan
FEBRUARY 25, 2015
An act to amend Section 633 of add Section
633.02 to the Penal Code, relating to law enforcement.
LEGISLATIVE COUNSEL'S DIGEST
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 would include similarly provide
that the provisions prohibiting eavesdropping and recording or
intercepting certain communications do not prohibit 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. 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.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 633.02 is added to the
Penal Code , to read:
633.02. (a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits any POST-certified chief of police, assistant chief of
police, or police officer of a university or college campus 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.
(b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 shall
prohibit any POST-certified chief of police, assistant chief of
police, or police officer of a university or college campus from
using or operating body-worn cameras.
(c) This section shall not be construed to affect Section 633.
(d) This section 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.
SECTION 1. Section 633 of the Penal Code is
amended to read:
633. (a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits the Attorney General, any district attorney, or any
assistant, deputy, or investigator of the Attorney General or any
district attorney, any officer of the California Highway Patrol, any
chief of police, assistant chief of police, or police officer of a
city or city and county, any sheriff, undersheriff, or deputy sheriff
regularly employed and paid in that capacity by a county, police
officer of the County of Los Angeles, any POST-certified chief of
police, assistant chief of police, or police officer of a university
or college campus, or any person acting pursuant to the direction of
one of these law enforcement officers acting within the scope of his
or her authority, from overhearing or recording any communication
that they could lawfully overhear or record prior to January 1, 1968.
(b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders
inadmissible any evidence obtained by the persons specified in
subdivision (a) by means of overhearing or recording any
communication that they could lawfully overhear or record prior to
January 1, 1968.