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 633 of the Penal Code is amended to
Nothing in Section 631, 632, 632.5, 632.6, or 632.7
4prohibits the Attorney General, any district attorney, or any
P2 1assistant, deputy, or investigator of the Attorney
2General or any district attorney, any officer of the California
7 any chief of police, assistant chief of police, or police officer of a
8city or city and county, any sheriff, undersheriff, or deputy sheriff
9regularly employed and paid in that capacity by a county, police
10officer of the County of Los Angeles, or any person acting pursuant
12to the direction of one of these law enforcement officers acting
13within the scope of his or her authority, from overhearing or
14recording any communication that they could lawfully overhear
15or record prior to the effective date of this chapter.
16 Nothingend delete
17 in Section 631, 632, 632.5, 632.6, or 632.7 renders
18inadmissible any evidence obtained by the above-named persons
19by means of overhearing or recording any communication that
20they could lawfully overhear or record prior to the effective date
21of this chapter.