Amended IN Assembly March 14, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1086Introduced by Assembly Member McCarty(Coauthor: Senator Smallwood-Cuevas)February 15, 2023 An act to add Section 633.7 to the Penal Code, relating to intercept of communications. LEGISLATIVE COUNSEL'S DIGESTAB 1086, as amended, McCarty. Intercept of communications: exceptions.Existing law establishes various prohibitions against eavesdropping and recording or intercepting certain communications. Violations of these prohibitions are crimes. Under existing law, specified law enforcement officers are not prohibited by those provisions from overhearing or recording certain communications.This bill would similarly provide that the provisions prohibiting eavesdropping and recording or intercepting certain communications do not prohibit an agent employee or agent of the Civil Rights Department or an investigator or tester for a fair housing enforcement organization, as defined, from recording a communication for the purpose of investigating and obtaining evidence reasonably believed to relate to the commission of discriminatory housing practices by another party to the communication.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Housing is the linchpin to opportunity in California and the United States. Where people live is inextricably linked to their educational attainment, employment opportunities, health, and the wealth they can obtain and pass on to their children and grandchildren.(b) Systemic segregation in communities throughout California and discrimination in housing continue to this day, due to federal, state, and local governmental and private industrys policies and practices, such as redlining, racially restrictive covenants, and discrimination in access to home loans.(c) Correcting historic inequities in housing and zoning, including racial discrimination, is an issue of critical importance, especially given the current housing crisis in California.(d) Enforcement of fair housing laws is critical to the advancement of racial justice.(e) The federal government has recognized that certain organizations, and their employees, have a critical role to play in the enforcement of fair housing laws, and has therefore designated certain organizations under federal law as fair housing enforcement organizations.(f) The use of testing is an essential critical methodology in investigating compliance with and enforcing violations of fair housing laws and an essential tool to prove housing discrimination has occurred.(g) The recording of the murder of George Floyd and other victims of police brutality allowed prosecutors to successfully obtain jury verdicts against the perpetrators. Without the video recording of the interactions between the police and George Floyd, the perpetrators would have never been brought to justice. The same is true of recording of fair housing tests. There is no substitute for the audio and video recording of fair housing tests.(h) Recordings collected by agents or employees of the Civil Rights Department or qualified fair housing enforcement organizations are an important tool for investigation, enforcement, and accountability.(i) The Budget Act of 2022 included an appropriation to the Civil Rights Department to conduct fair housing testing.SEC. 2. Section 633.7 is added to the Penal Code, to read:633.7. (a) Sections 631, 632, 632.5, 632.6, and 632.7 do not prohibit one party to a confidential communication from recording the communication if the party is a person acting within the scope of their employment as an agent of the Civil Rights Department, or as an investigator or tester for a qualified fair housing enforcement organization, as defined in Section 125.103 of Title 24 of the Code of Federal Regulations, an employee or agent of the Civil Rights Department or a qualified fair housing enforcement organization, including a contractor or subcontractor thereto, who is acting within the scope of their employment, agency, or contract and the recording is made for the purpose of investigating and obtaining evidence reasonably believed to relate to the commission of discriminatory housing practices by another party to the communication.(b) A person described in subdivision (a) may record a confidential conversation pursuant to this section, by means of any electronic recording device, including audio and video recording, whether the communication is carried on among the parties in the presence of one another or by means of a telephone or other device. For purposes of this subdivision, any electronic recording device means a recording device that remains on or with the investigator or tester and does not include a recording device that a person leaves behind and later retrieves for purposes of eavesdropping upon the confidential communications of others.(c) (1) The provisions of Sections 631, 632, 632.5, 632.6, and 632.7 do not make any evidence obtained under this section inadmissible in any judicial, administrative, legislative, or other proceeding relating to an alleged discriminatory housing practice.(2)The recording of the contents of any confidential communication made pursuant to this section shall not, without the permission of the persons recorded, or unless directed by the lawful order of a court, be disclosed except as evidence in a judicial or administrative enforcement proceeding. For its use in a proceeding, the recording shall be edited to redact confidential conversations of third parties who were not the target of the recording or whose communications or other identifying information are not relevant to the commission of the alleged discriminatory housing practice.(2) A recording made pursuant to this section shall only be used in judicial or administrative enforcement proceedings, including conciliation, mediation, or other settlement negotiations, as well as conciliation, mediation, or other settlement discussions in anticipation of filing enforcement actions.(3) An agent or employee of the Civil Rights Department or a qualified fair housing enforcement organization may release a recording made pursuant to this section to the Civil Rights Department or qualified fair housing enforcement organization.(d) As used in this section, the following terms are defined as follows:(1) Discriminatory housing practice means any unlawful conduct as described in Section 12955 of the Government Code or any regulation adopted thereto, or a discriminatory housing practice as defined in subdivision (f) of Section 3602 of Title 42 of the United States Code. Code, or any regulation adopted thereto.(2) Qualified fair housing enforcement organization has the same meaning as in Section 125.103 of Title 24 of the Code of Federal Regulations.(2)(3) Tester means a person who, without any bona fide intent to rent or purchase housing, purchase a mortgage or vehicle loan, or patronize a place of public accommodation, who poses as a prospective renter, borrower, or patron for the purpose of gathering information for the purpose of assessing compliance with civil rights laws.
Amended IN Assembly March 14, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1086Introduced by Assembly Member McCarty(Coauthor: Senator Smallwood-Cuevas)February 15, 2023 An act to add Section 633.7 to the Penal Code, relating to intercept of communications. LEGISLATIVE COUNSEL'S DIGESTAB 1086, as amended, McCarty. Intercept of communications: exceptions.Existing law establishes various prohibitions against eavesdropping and recording or intercepting certain communications. Violations of these prohibitions are crimes. Under existing law, specified law enforcement officers are not prohibited by those provisions from overhearing or recording certain communications.This bill would similarly provide that the provisions prohibiting eavesdropping and recording or intercepting certain communications do not prohibit an agent employee or agent of the Civil Rights Department or an investigator or tester for a fair housing enforcement organization, as defined, from recording a communication for the purpose of investigating and obtaining evidence reasonably believed to relate to the commission of discriminatory housing practices by another party to the communication.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 14, 2023
Amended IN Assembly March 14, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1086
Introduced by Assembly Member McCarty(Coauthor: Senator Smallwood-Cuevas)February 15, 2023
Introduced by Assembly Member McCarty(Coauthor: Senator Smallwood-Cuevas)
February 15, 2023
An act to add Section 633.7 to the Penal Code, relating to intercept of communications.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1086, as amended, McCarty. Intercept of communications: exceptions.
Existing law establishes various prohibitions against eavesdropping and recording or intercepting certain communications. Violations of these prohibitions are crimes. Under existing law, specified law enforcement officers are not prohibited by those provisions from overhearing or recording certain communications.This bill would similarly provide that the provisions prohibiting eavesdropping and recording or intercepting certain communications do not prohibit an agent employee or agent of the Civil Rights Department or an investigator or tester for a fair housing enforcement organization, as defined, from recording a communication for the purpose of investigating and obtaining evidence reasonably believed to relate to the commission of discriminatory housing practices by another party to the communication.
Existing law establishes various prohibitions against eavesdropping and recording or intercepting certain communications. Violations of these prohibitions are crimes. Under existing law, specified law enforcement officers are not prohibited by those provisions from overhearing or recording certain communications.
This bill would similarly provide that the provisions prohibiting eavesdropping and recording or intercepting certain communications do not prohibit an agent employee or agent of the Civil Rights Department or an investigator or tester for a fair housing enforcement organization, as defined, from recording a communication for the purpose of investigating and obtaining evidence reasonably believed to relate to the commission of discriminatory housing practices by another party to the communication.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Housing is the linchpin to opportunity in California and the United States. Where people live is inextricably linked to their educational attainment, employment opportunities, health, and the wealth they can obtain and pass on to their children and grandchildren.(b) Systemic segregation in communities throughout California and discrimination in housing continue to this day, due to federal, state, and local governmental and private industrys policies and practices, such as redlining, racially restrictive covenants, and discrimination in access to home loans.(c) Correcting historic inequities in housing and zoning, including racial discrimination, is an issue of critical importance, especially given the current housing crisis in California.(d) Enforcement of fair housing laws is critical to the advancement of racial justice.(e) The federal government has recognized that certain organizations, and their employees, have a critical role to play in the enforcement of fair housing laws, and has therefore designated certain organizations under federal law as fair housing enforcement organizations.(f) The use of testing is an essential critical methodology in investigating compliance with and enforcing violations of fair housing laws and an essential tool to prove housing discrimination has occurred.(g) The recording of the murder of George Floyd and other victims of police brutality allowed prosecutors to successfully obtain jury verdicts against the perpetrators. Without the video recording of the interactions between the police and George Floyd, the perpetrators would have never been brought to justice. The same is true of recording of fair housing tests. There is no substitute for the audio and video recording of fair housing tests.(h) Recordings collected by agents or employees of the Civil Rights Department or qualified fair housing enforcement organizations are an important tool for investigation, enforcement, and accountability.(i) The Budget Act of 2022 included an appropriation to the Civil Rights Department to conduct fair housing testing.SEC. 2. Section 633.7 is added to the Penal Code, to read:633.7. (a) Sections 631, 632, 632.5, 632.6, and 632.7 do not prohibit one party to a confidential communication from recording the communication if the party is a person acting within the scope of their employment as an agent of the Civil Rights Department, or as an investigator or tester for a qualified fair housing enforcement organization, as defined in Section 125.103 of Title 24 of the Code of Federal Regulations, an employee or agent of the Civil Rights Department or a qualified fair housing enforcement organization, including a contractor or subcontractor thereto, who is acting within the scope of their employment, agency, or contract and the recording is made for the purpose of investigating and obtaining evidence reasonably believed to relate to the commission of discriminatory housing practices by another party to the communication.(b) A person described in subdivision (a) may record a confidential conversation pursuant to this section, by means of any electronic recording device, including audio and video recording, whether the communication is carried on among the parties in the presence of one another or by means of a telephone or other device. For purposes of this subdivision, any electronic recording device means a recording device that remains on or with the investigator or tester and does not include a recording device that a person leaves behind and later retrieves for purposes of eavesdropping upon the confidential communications of others.(c) (1) The provisions of Sections 631, 632, 632.5, 632.6, and 632.7 do not make any evidence obtained under this section inadmissible in any judicial, administrative, legislative, or other proceeding relating to an alleged discriminatory housing practice.(2)The recording of the contents of any confidential communication made pursuant to this section shall not, without the permission of the persons recorded, or unless directed by the lawful order of a court, be disclosed except as evidence in a judicial or administrative enforcement proceeding. For its use in a proceeding, the recording shall be edited to redact confidential conversations of third parties who were not the target of the recording or whose communications or other identifying information are not relevant to the commission of the alleged discriminatory housing practice.(2) A recording made pursuant to this section shall only be used in judicial or administrative enforcement proceedings, including conciliation, mediation, or other settlement negotiations, as well as conciliation, mediation, or other settlement discussions in anticipation of filing enforcement actions.(3) An agent or employee of the Civil Rights Department or a qualified fair housing enforcement organization may release a recording made pursuant to this section to the Civil Rights Department or qualified fair housing enforcement organization.(d) As used in this section, the following terms are defined as follows:(1) Discriminatory housing practice means any unlawful conduct as described in Section 12955 of the Government Code or any regulation adopted thereto, or a discriminatory housing practice as defined in subdivision (f) of Section 3602 of Title 42 of the United States Code. Code, or any regulation adopted thereto.(2) Qualified fair housing enforcement organization has the same meaning as in Section 125.103 of Title 24 of the Code of Federal Regulations.(2)(3) Tester means a person who, without any bona fide intent to rent or purchase housing, purchase a mortgage or vehicle loan, or patronize a place of public accommodation, who poses as a prospective renter, borrower, or patron for the purpose of gathering information for the purpose of assessing compliance with civil rights laws.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Housing is the linchpin to opportunity in California and the United States. Where people live is inextricably linked to their educational attainment, employment opportunities, health, and the wealth they can obtain and pass on to their children and grandchildren.(b) Systemic segregation in communities throughout California and discrimination in housing continue to this day, due to federal, state, and local governmental and private industrys policies and practices, such as redlining, racially restrictive covenants, and discrimination in access to home loans.(c) Correcting historic inequities in housing and zoning, including racial discrimination, is an issue of critical importance, especially given the current housing crisis in California.(d) Enforcement of fair housing laws is critical to the advancement of racial justice.(e) The federal government has recognized that certain organizations, and their employees, have a critical role to play in the enforcement of fair housing laws, and has therefore designated certain organizations under federal law as fair housing enforcement organizations.(f) The use of testing is an essential critical methodology in investigating compliance with and enforcing violations of fair housing laws and an essential tool to prove housing discrimination has occurred.(g) The recording of the murder of George Floyd and other victims of police brutality allowed prosecutors to successfully obtain jury verdicts against the perpetrators. Without the video recording of the interactions between the police and George Floyd, the perpetrators would have never been brought to justice. The same is true of recording of fair housing tests. There is no substitute for the audio and video recording of fair housing tests.(h) Recordings collected by agents or employees of the Civil Rights Department or qualified fair housing enforcement organizations are an important tool for investigation, enforcement, and accountability.(i) The Budget Act of 2022 included an appropriation to the Civil Rights Department to conduct fair housing testing.
SECTION 1. The Legislature finds and declares all of the following:(a) Housing is the linchpin to opportunity in California and the United States. Where people live is inextricably linked to their educational attainment, employment opportunities, health, and the wealth they can obtain and pass on to their children and grandchildren.(b) Systemic segregation in communities throughout California and discrimination in housing continue to this day, due to federal, state, and local governmental and private industrys policies and practices, such as redlining, racially restrictive covenants, and discrimination in access to home loans.(c) Correcting historic inequities in housing and zoning, including racial discrimination, is an issue of critical importance, especially given the current housing crisis in California.(d) Enforcement of fair housing laws is critical to the advancement of racial justice.(e) The federal government has recognized that certain organizations, and their employees, have a critical role to play in the enforcement of fair housing laws, and has therefore designated certain organizations under federal law as fair housing enforcement organizations.(f) The use of testing is an essential critical methodology in investigating compliance with and enforcing violations of fair housing laws and an essential tool to prove housing discrimination has occurred.(g) The recording of the murder of George Floyd and other victims of police brutality allowed prosecutors to successfully obtain jury verdicts against the perpetrators. Without the video recording of the interactions between the police and George Floyd, the perpetrators would have never been brought to justice. The same is true of recording of fair housing tests. There is no substitute for the audio and video recording of fair housing tests.(h) Recordings collected by agents or employees of the Civil Rights Department or qualified fair housing enforcement organizations are an important tool for investigation, enforcement, and accountability.(i) The Budget Act of 2022 included an appropriation to the Civil Rights Department to conduct fair housing testing.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Housing is the linchpin to opportunity in California and the United States. Where people live is inextricably linked to their educational attainment, employment opportunities, health, and the wealth they can obtain and pass on to their children and grandchildren.
(b) Systemic segregation in communities throughout California and discrimination in housing continue to this day, due to federal, state, and local governmental and private industrys policies and practices, such as redlining, racially restrictive covenants, and discrimination in access to home loans.
(c) Correcting historic inequities in housing and zoning, including racial discrimination, is an issue of critical importance, especially given the current housing crisis in California.
(d) Enforcement of fair housing laws is critical to the advancement of racial justice.
(e) The federal government has recognized that certain organizations, and their employees, have a critical role to play in the enforcement of fair housing laws, and has therefore designated certain organizations under federal law as fair housing enforcement organizations.
(f) The use of testing is an essential critical methodology in investigating compliance with and enforcing violations of fair housing laws and an essential tool to prove housing discrimination has occurred.
(g) The recording of the murder of George Floyd and other victims of police brutality allowed prosecutors to successfully obtain jury verdicts against the perpetrators. Without the video recording of the interactions between the police and George Floyd, the perpetrators would have never been brought to justice. The same is true of recording of fair housing tests. There is no substitute for the audio and video recording of fair housing tests.
(h) Recordings collected by agents or employees of the Civil Rights Department or qualified fair housing enforcement organizations are an important tool for investigation, enforcement, and accountability.
(i) The Budget Act of 2022 included an appropriation to the Civil Rights Department to conduct fair housing testing.
SEC. 2. Section 633.7 is added to the Penal Code, to read:633.7. (a) Sections 631, 632, 632.5, 632.6, and 632.7 do not prohibit one party to a confidential communication from recording the communication if the party is a person acting within the scope of their employment as an agent of the Civil Rights Department, or as an investigator or tester for a qualified fair housing enforcement organization, as defined in Section 125.103 of Title 24 of the Code of Federal Regulations, an employee or agent of the Civil Rights Department or a qualified fair housing enforcement organization, including a contractor or subcontractor thereto, who is acting within the scope of their employment, agency, or contract and the recording is made for the purpose of investigating and obtaining evidence reasonably believed to relate to the commission of discriminatory housing practices by another party to the communication.(b) A person described in subdivision (a) may record a confidential conversation pursuant to this section, by means of any electronic recording device, including audio and video recording, whether the communication is carried on among the parties in the presence of one another or by means of a telephone or other device. For purposes of this subdivision, any electronic recording device means a recording device that remains on or with the investigator or tester and does not include a recording device that a person leaves behind and later retrieves for purposes of eavesdropping upon the confidential communications of others.(c) (1) The provisions of Sections 631, 632, 632.5, 632.6, and 632.7 do not make any evidence obtained under this section inadmissible in any judicial, administrative, legislative, or other proceeding relating to an alleged discriminatory housing practice.(2)The recording of the contents of any confidential communication made pursuant to this section shall not, without the permission of the persons recorded, or unless directed by the lawful order of a court, be disclosed except as evidence in a judicial or administrative enforcement proceeding. For its use in a proceeding, the recording shall be edited to redact confidential conversations of third parties who were not the target of the recording or whose communications or other identifying information are not relevant to the commission of the alleged discriminatory housing practice.(2) A recording made pursuant to this section shall only be used in judicial or administrative enforcement proceedings, including conciliation, mediation, or other settlement negotiations, as well as conciliation, mediation, or other settlement discussions in anticipation of filing enforcement actions.(3) An agent or employee of the Civil Rights Department or a qualified fair housing enforcement organization may release a recording made pursuant to this section to the Civil Rights Department or qualified fair housing enforcement organization.(d) As used in this section, the following terms are defined as follows:(1) Discriminatory housing practice means any unlawful conduct as described in Section 12955 of the Government Code or any regulation adopted thereto, or a discriminatory housing practice as defined in subdivision (f) of Section 3602 of Title 42 of the United States Code. Code, or any regulation adopted thereto.(2) Qualified fair housing enforcement organization has the same meaning as in Section 125.103 of Title 24 of the Code of Federal Regulations.(2)(3) Tester means a person who, without any bona fide intent to rent or purchase housing, purchase a mortgage or vehicle loan, or patronize a place of public accommodation, who poses as a prospective renter, borrower, or patron for the purpose of gathering information for the purpose of assessing compliance with civil rights laws.
SEC. 2. Section 633.7 is added to the Penal Code, to read:
### SEC. 2.
633.7. (a) Sections 631, 632, 632.5, 632.6, and 632.7 do not prohibit one party to a confidential communication from recording the communication if the party is a person acting within the scope of their employment as an agent of the Civil Rights Department, or as an investigator or tester for a qualified fair housing enforcement organization, as defined in Section 125.103 of Title 24 of the Code of Federal Regulations, an employee or agent of the Civil Rights Department or a qualified fair housing enforcement organization, including a contractor or subcontractor thereto, who is acting within the scope of their employment, agency, or contract and the recording is made for the purpose of investigating and obtaining evidence reasonably believed to relate to the commission of discriminatory housing practices by another party to the communication.(b) A person described in subdivision (a) may record a confidential conversation pursuant to this section, by means of any electronic recording device, including audio and video recording, whether the communication is carried on among the parties in the presence of one another or by means of a telephone or other device. For purposes of this subdivision, any electronic recording device means a recording device that remains on or with the investigator or tester and does not include a recording device that a person leaves behind and later retrieves for purposes of eavesdropping upon the confidential communications of others.(c) (1) The provisions of Sections 631, 632, 632.5, 632.6, and 632.7 do not make any evidence obtained under this section inadmissible in any judicial, administrative, legislative, or other proceeding relating to an alleged discriminatory housing practice.(2)The recording of the contents of any confidential communication made pursuant to this section shall not, without the permission of the persons recorded, or unless directed by the lawful order of a court, be disclosed except as evidence in a judicial or administrative enforcement proceeding. For its use in a proceeding, the recording shall be edited to redact confidential conversations of third parties who were not the target of the recording or whose communications or other identifying information are not relevant to the commission of the alleged discriminatory housing practice.(2) A recording made pursuant to this section shall only be used in judicial or administrative enforcement proceedings, including conciliation, mediation, or other settlement negotiations, as well as conciliation, mediation, or other settlement discussions in anticipation of filing enforcement actions.(3) An agent or employee of the Civil Rights Department or a qualified fair housing enforcement organization may release a recording made pursuant to this section to the Civil Rights Department or qualified fair housing enforcement organization.(d) As used in this section, the following terms are defined as follows:(1) Discriminatory housing practice means any unlawful conduct as described in Section 12955 of the Government Code or any regulation adopted thereto, or a discriminatory housing practice as defined in subdivision (f) of Section 3602 of Title 42 of the United States Code. Code, or any regulation adopted thereto.(2) Qualified fair housing enforcement organization has the same meaning as in Section 125.103 of Title 24 of the Code of Federal Regulations.(2)(3) Tester means a person who, without any bona fide intent to rent or purchase housing, purchase a mortgage or vehicle loan, or patronize a place of public accommodation, who poses as a prospective renter, borrower, or patron for the purpose of gathering information for the purpose of assessing compliance with civil rights laws.
633.7. (a) Sections 631, 632, 632.5, 632.6, and 632.7 do not prohibit one party to a confidential communication from recording the communication if the party is a person acting within the scope of their employment as an agent of the Civil Rights Department, or as an investigator or tester for a qualified fair housing enforcement organization, as defined in Section 125.103 of Title 24 of the Code of Federal Regulations, an employee or agent of the Civil Rights Department or a qualified fair housing enforcement organization, including a contractor or subcontractor thereto, who is acting within the scope of their employment, agency, or contract and the recording is made for the purpose of investigating and obtaining evidence reasonably believed to relate to the commission of discriminatory housing practices by another party to the communication.(b) A person described in subdivision (a) may record a confidential conversation pursuant to this section, by means of any electronic recording device, including audio and video recording, whether the communication is carried on among the parties in the presence of one another or by means of a telephone or other device. For purposes of this subdivision, any electronic recording device means a recording device that remains on or with the investigator or tester and does not include a recording device that a person leaves behind and later retrieves for purposes of eavesdropping upon the confidential communications of others.(c) (1) The provisions of Sections 631, 632, 632.5, 632.6, and 632.7 do not make any evidence obtained under this section inadmissible in any judicial, administrative, legislative, or other proceeding relating to an alleged discriminatory housing practice.(2)The recording of the contents of any confidential communication made pursuant to this section shall not, without the permission of the persons recorded, or unless directed by the lawful order of a court, be disclosed except as evidence in a judicial or administrative enforcement proceeding. For its use in a proceeding, the recording shall be edited to redact confidential conversations of third parties who were not the target of the recording or whose communications or other identifying information are not relevant to the commission of the alleged discriminatory housing practice.(2) A recording made pursuant to this section shall only be used in judicial or administrative enforcement proceedings, including conciliation, mediation, or other settlement negotiations, as well as conciliation, mediation, or other settlement discussions in anticipation of filing enforcement actions.(3) An agent or employee of the Civil Rights Department or a qualified fair housing enforcement organization may release a recording made pursuant to this section to the Civil Rights Department or qualified fair housing enforcement organization.(d) As used in this section, the following terms are defined as follows:(1) Discriminatory housing practice means any unlawful conduct as described in Section 12955 of the Government Code or any regulation adopted thereto, or a discriminatory housing practice as defined in subdivision (f) of Section 3602 of Title 42 of the United States Code. Code, or any regulation adopted thereto.(2) Qualified fair housing enforcement organization has the same meaning as in Section 125.103 of Title 24 of the Code of Federal Regulations.(2)(3) Tester means a person who, without any bona fide intent to rent or purchase housing, purchase a mortgage or vehicle loan, or patronize a place of public accommodation, who poses as a prospective renter, borrower, or patron for the purpose of gathering information for the purpose of assessing compliance with civil rights laws.
633.7. (a) Sections 631, 632, 632.5, 632.6, and 632.7 do not prohibit one party to a confidential communication from recording the communication if the party is a person acting within the scope of their employment as an agent of the Civil Rights Department, or as an investigator or tester for a qualified fair housing enforcement organization, as defined in Section 125.103 of Title 24 of the Code of Federal Regulations, an employee or agent of the Civil Rights Department or a qualified fair housing enforcement organization, including a contractor or subcontractor thereto, who is acting within the scope of their employment, agency, or contract and the recording is made for the purpose of investigating and obtaining evidence reasonably believed to relate to the commission of discriminatory housing practices by another party to the communication.(b) A person described in subdivision (a) may record a confidential conversation pursuant to this section, by means of any electronic recording device, including audio and video recording, whether the communication is carried on among the parties in the presence of one another or by means of a telephone or other device. For purposes of this subdivision, any electronic recording device means a recording device that remains on or with the investigator or tester and does not include a recording device that a person leaves behind and later retrieves for purposes of eavesdropping upon the confidential communications of others.(c) (1) The provisions of Sections 631, 632, 632.5, 632.6, and 632.7 do not make any evidence obtained under this section inadmissible in any judicial, administrative, legislative, or other proceeding relating to an alleged discriminatory housing practice.(2)The recording of the contents of any confidential communication made pursuant to this section shall not, without the permission of the persons recorded, or unless directed by the lawful order of a court, be disclosed except as evidence in a judicial or administrative enforcement proceeding. For its use in a proceeding, the recording shall be edited to redact confidential conversations of third parties who were not the target of the recording or whose communications or other identifying information are not relevant to the commission of the alleged discriminatory housing practice.(2) A recording made pursuant to this section shall only be used in judicial or administrative enforcement proceedings, including conciliation, mediation, or other settlement negotiations, as well as conciliation, mediation, or other settlement discussions in anticipation of filing enforcement actions.(3) An agent or employee of the Civil Rights Department or a qualified fair housing enforcement organization may release a recording made pursuant to this section to the Civil Rights Department or qualified fair housing enforcement organization.(d) As used in this section, the following terms are defined as follows:(1) Discriminatory housing practice means any unlawful conduct as described in Section 12955 of the Government Code or any regulation adopted thereto, or a discriminatory housing practice as defined in subdivision (f) of Section 3602 of Title 42 of the United States Code. Code, or any regulation adopted thereto.(2) Qualified fair housing enforcement organization has the same meaning as in Section 125.103 of Title 24 of the Code of Federal Regulations.(2)(3) Tester means a person who, without any bona fide intent to rent or purchase housing, purchase a mortgage or vehicle loan, or patronize a place of public accommodation, who poses as a prospective renter, borrower, or patron for the purpose of gathering information for the purpose of assessing compliance with civil rights laws.
633.7. (a) Sections 631, 632, 632.5, 632.6, and 632.7 do not prohibit one party to a confidential communication from recording the communication if the party is a person acting within the scope of their employment as an agent of the Civil Rights Department, or as an investigator or tester for a qualified fair housing enforcement organization, as defined in Section 125.103 of Title 24 of the Code of Federal Regulations, an employee or agent of the Civil Rights Department or a qualified fair housing enforcement organization, including a contractor or subcontractor thereto, who is acting within the scope of their employment, agency, or contract and the recording is made for the purpose of investigating and obtaining evidence reasonably believed to relate to the commission of discriminatory housing practices by another party to the communication.
(b) A person described in subdivision (a) may record a confidential conversation pursuant to this section, by means of any electronic recording device, including audio and video recording, whether the communication is carried on among the parties in the presence of one another or by means of a telephone or other device. For purposes of this subdivision, any electronic recording device means a recording device that remains on or with the investigator or tester and does not include a recording device that a person leaves behind and later retrieves for purposes of eavesdropping upon the confidential communications of others.
(c) (1) The provisions of Sections 631, 632, 632.5, 632.6, and 632.7 do not make any evidence obtained under this section inadmissible in any judicial, administrative, legislative, or other proceeding relating to an alleged discriminatory housing practice.
(2)The recording of the contents of any confidential communication made pursuant to this section shall not, without the permission of the persons recorded, or unless directed by the lawful order of a court, be disclosed except as evidence in a judicial or administrative enforcement proceeding. For its use in a proceeding, the recording shall be edited to redact confidential conversations of third parties who were not the target of the recording or whose communications or other identifying information are not relevant to the commission of the alleged discriminatory housing practice.
(2) A recording made pursuant to this section shall only be used in judicial or administrative enforcement proceedings, including conciliation, mediation, or other settlement negotiations, as well as conciliation, mediation, or other settlement discussions in anticipation of filing enforcement actions.
(3) An agent or employee of the Civil Rights Department or a qualified fair housing enforcement organization may release a recording made pursuant to this section to the Civil Rights Department or qualified fair housing enforcement organization.
(d) As used in this section, the following terms are defined as follows:
(1) Discriminatory housing practice means any unlawful conduct as described in Section 12955 of the Government Code or any regulation adopted thereto, or a discriminatory housing practice as defined in subdivision (f) of Section 3602 of Title 42 of the United States Code. Code, or any regulation adopted thereto.
(2) Qualified fair housing enforcement organization has the same meaning as in Section 125.103 of Title 24 of the Code of Federal Regulations.
(2)
(3) Tester means a person who, without any bona fide intent to rent or purchase housing, purchase a mortgage or vehicle loan, or patronize a place of public accommodation, who poses as a prospective renter, borrower, or patron for the purpose of gathering information for the purpose of assessing compliance with civil rights laws.