California Senate Bill SB448 Amended / Bill

 BILL NUMBER: SB 448AMENDED BILL TEXT AMENDED IN SENATE APRIL 15, 2015 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 amended, 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,   add uniformed  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,   State Department of Developmental Services, and the State Department of State Hospitals,  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  uniformed  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,   State Department of Developmental Services, or the State Department of State Hospitals,  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,  any  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. (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.