BILL NUMBER: SB 424 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Pan
FEBRUARY 25, 2015
An act to amend Section 633 of the Penal Code, relating to law
enforcement.
LEGISLATIVE COUNSEL'S DIGEST
SB 424, as introduced, Pan. Law enforcement: communications.
Existing law establishes various prohibitions against
eavesdropping and recording or intercepting certain communications. A
violation of these prohibitions is a crime. 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 January 1, 1968,
effective date of those prohibitions.
This bill would include any POST-certified chief of police,
assistant chief of police, or police officer of a university or
college campus in 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, or investigator of the Attorney
General or any district attorney, any officer of the California
Highway Patrol, 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,
any POST-certified chief of police, assistant chief of police,
or police officer of a university or college campus, 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. January 1, 1968.
Nothing
(b) Nothing in Section 631, 632,
632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by
the above-named persons specified in
subdivision (a) by means of overhearing or recording any
communication that they could lawfully overhear or record prior to
the effective date of this chapter. January
1, 1968.