BILL NUMBER: SB 448	INTRODUCED
	BILL TEXT


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 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 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 peace officer 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, or the
California Exposition and State Fair,  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 peace officer identified in Section
830.3, 830.37, or 830.38,  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. 
    Nothing 
    (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.