California Senate Bill SB424 Amended / Bill

 BILL NUMBER: SB 424AMENDED BILL TEXT AMENDED IN SENATE APRIL 21, 2015 INTRODUCED BY Senator Pan FEBRUARY 25, 2015 An act to  amend Section 633 of   add Section 633.02 to  the Penal Code, relating to law enforcement. LEGISLATIVE COUNSEL'S DIGEST SB 424, as amended, 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   similarly provide that the provisions prohibiting eavesdropping and recording or intercepting certain communications do not prohibit  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.   acting within the scope of his or her authority, from overhearing or recording any communication that he or she could lawfully overhear or record prior to January 1, 1968, in any criminal investigation related to sexual assault or other sexual offense. The bill would also provide that those provisions also shall not prohibit those officers from using or operating body-worn cameras. The bill would also state that these provisions shall not be used to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly, or the constitutionally protected right of personal privacy.  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 633.02 is added to the   Penal Code   , to read:   633.02. (a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits any POST-certified chief of police, assistant chief of police, or police officer of a university or college campus acting within the scope of his or her authority, from overhearing or recording any communication that he or she could lawfully overhear or record prior to January 1, 1968, in any criminal investigation related to sexual assault or other sexual offense. (b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 shall prohibit any POST-certified chief of police, assistant chief of police, or police officer of a university or college campus from using or operating body-worn cameras. (c) This section shall not be construed to affect Section 633. (d) This section shall not be used to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly, or the constitutionally protected right of personal privacy.   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 January 1, 1968. (b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by the persons specified in subdivision (a) by means of overhearing or recording any communication that they could lawfully overhear or record prior to January 1, 1968.