Senate Bill No. 448

Introduced by Senator Galgiani

February 25, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

SB 448, as introduced, Galgiani. Law enforcement: communications.

Existing law establishes various prohibitions against eavesdropping and recording or intercepting certain communications. Violations of these prohibitions are crimes. 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 enactment of those prohibitions.

This bill would add, among others, peace officers of the Department of Fish and Wildlife, the Department of Parks and Recreation, the Department of Forestry and Fire Protection, the Department of Alcoholic Beverage Control, and the California Exposition and State Fair, and a special agent of the Attorney General or any district attorney, to 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:

SECTION 1.  

Section 633 of the Penal Code is amended to
read:

633.  

begin insert (a) end insert begin insert   end insert Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits the Attorney General, any district attorney, or any
assistant, deputy, begin insert special agent, end insert or investigator of the Attorney
General or any district attorney, any officer of the California
Highway Patrol, begin insert any peace officer of the Department of Fish and
Wildlife, the Department of Parks and Recreation, the Department
of Forestry and Fire Protection, the Department of Alcoholic
Beverage Control, or the California Exposition and State Fair, end insert
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, begin insert any peace officer identified
in Section 830.3, 830.37, or 830.38, end insert 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 the effective date of this chapter.

begin delete

Nothing

end delete

begin insert (b) end insert begin insert   end insert begin insert Nothing end insert in Section 631, 632, 632.5, 632.6, or 632.7 renders
inadmissible any evidence obtained by the above-named persons
by means of overhearing or recording any communication that
they could lawfully overhear or record prior to the effective date
of this chapter.