California Assembly Bill AB1010 Amended / Bill

 BILL NUMBER: AB 1010AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 19, 2011 INTRODUCED BY Assembly Member Furutani FEBRUARY 18, 2011 An act to  amend Section 633 of   add Section 633.05 to  the Penal Code, relating to law enforcement. LEGISLATIVE COUNSEL'S DIGEST AB 1010, as amended, Furutani. Law enforcement: communications. Existing law prohibits a variety of electronic eavesdropping, such as wiretapping and electronic recording that is done without a person's permission or knowledge. Existing law provides that violations of these provisions are crimes. Existing law exempts a variety of law enforcement entities from these prohibitions when acting within the scope of their authority. This bill would  add to the list of law enforcement entities exempted from these prohibitions,   additionally provide that  a city attorney acting under the authority granted by the district attorney of the county to prosecute misdemeanors, as specified, provided that the authorization is granted prior to January 1, 2012  ,   would be exempt from certain of these prohibitions, including eavesdropping on or recording confidential communications, as specified  . 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 633.05 is added to the   Penal Code   , to read:   633.05. (a) Nothing in Section 632, 632.5, 632.6, or 632.7 prohibits a city attorney acting under authority of Section 41803.5 of the Government Code, provided that authority is granted prior to January 1, 2012, or any person acting pursuant to the direction of one of those city attorneys acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record. (b) Nothing in Section 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.   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, a city attorney acting under the authority of Section 41803.5 of the Government Code, provided that authority is granted prior to January 1, 2012, 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.