Amended in Senate April 15, 2015

Senate BillNo. 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 wouldbegin delete add, among others,end deletebegin insert add uniformedend insert peace officers of the Department of Fish and Wildlife, the Department of Parks and Recreation, thebegin delete Department of Forestry and Fire Protection, the Department of Alcoholic Beverage Control, and the California Exposition and State Fair,end deletebegin 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:

P2    1

SECTION 1.  

Section 633 of the Penal Code is amended to
2read:

3

633.  

(a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7
4prohibits the Attorney General, any district attorney, or any
5assistant, deputy, special agent, or investigator of the Attorney
6General or any district attorney, any officer of the California
7Highway Patrol, anybegin insert uniformedend insert peace officer of the Department
8of Fish and Wildlife, the Department of Parks and Recreation, the begin delete9 Department of Forestry and Fire Protection, the Department of
10Alcoholic Beverage Control, or the California Exposition and State
11Fair,end delete
begin insert State Department of Developmental Services, or the State
12Department of State Hospitals,end insert
any chief of police, assistant chief
13of police, or police officer of a city or city and county, any sheriff,
14undersheriff, or deputy sheriff regularly employed and paid in that
15capacity by a county,begin insert anyend insert police officer of the County of Los
16Angeles,begin delete any peace officer identified in Section 830.3, 830.37, or
17830.38,end delete
or any person acting pursuant to the direction of one of
18these law enforcement officers acting within the scope of his or
19her authority, from overhearing or recording any communication
20that they could lawfully overhear or record prior to the effective
21date of this chapter.

22(b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders
23inadmissible any evidence obtained by the above-named persons
24by means of overhearing or recording any communication that
25they could lawfully overhear or record prior to the effective date
26of this chapter.



O

    98