Amended in Senate April 15, 2015

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 amended, 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 begin delete add, among others, end delete begin insert add uniformed end insert peace officers of the Department of Fish and Wildlife, the Department of Parks and Recreation, the begin delete Department of Forestry and Fire Protection, the Department of Alcoholic Beverage Control, and the California Exposition and State Fair, end delete begin insert State Department of Developmental Services, and the State Department of State Hospitals, end insert 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.  

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

(b) Nothing 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.