BILL NUMBER: AB 207	CHAPTERED  09/13/99

	CHAPTER   367
	FILED WITH SECRETARY OF STATE   SEPTEMBER 13, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 13, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   JULY 1, 1999
	AMENDED IN ASSEMBLY   MARCH 9, 1999

INTRODUCED BY   Assembly Member Thomson
   (Coauthors:  Assembly Members Alquist, Campbell, Rod Pacheco, and
Wayne)

                        JANUARY 25, 1999

   An act to add Section 633.6 to the Penal Code, relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 207, Thomson.  Invasion of privacy:  recording communications:
harassment.
   Under existing law, nothing in provisions prohibiting the
wiretapping of, eavesdropping on, or recording of confidential
communications between cordless, cellular, or landline telephones, as
specified, prohibits one party to a confidential communication from
recording the communication for the purpose of obtaining evidence
reasonably believed to relate to the commission by another party to
the communication of the crime of extortion or other specified
crimes.
   This bill would provide, in addition, that notwithstanding those
provisions, and in accordance with federal law, upon the request of a
victim of domestic violence who is seeking a domestic violence
restraining order, a judge issuing the order may include a provision
in the order that permits the victim to record any prohibited
communication made to him or her by the perpetrator.  The bill would
require the Judicial Council to amend its domestic violence
prevention application and order forms in accordance with the
provisions of the bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 633.6 is added to the Penal Code, to read:
   633.6.  (a) Notwithstanding the provisions of this chapter, and in
accordance with federal law, upon the request of a victim of
domestic violence who is seeking a domestic violence restraining
order, a judge issuing the order may include a provision in the order
that permits the victim to record any prohibited communication made
to him or her by the perpetrator.
   (b) The Judicial Council shall amend its domestic violence
prevention application and order forms to incorporate the provisions
of this section.