California 2015 2015-2016 Regular Session

California Senate Bill SB424 Introduced / Bill

Filed 02/25/2015

 BILL NUMBER: SB 424INTRODUCED 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.