AMENDED IN SENATE JUNE 20, 2018

AMENDED IN ASSEMBLY MARCH 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

95

CHAPTER 175

Statutes of 2018

[ Approved by Governor August 20, 2018. Filed with Secretary of State August 20, 2018. ]

Introduced by Assembly Member Jones-Sawyer

February 15, 2018

An act to amend Section 633 of the Penal Code, relating to peace officers.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

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 any communication that they could lawfully overhear or record prior to January 1, 1968.

This bill would add peace officers of the Office of Internal Affairs of the Department of Corrections and Rehabilitation to the list of law enforcement officers to whom the prohibitions described above do not apply.

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 peace officer of the Office of Internal Affairs of the Department of Corrections and Rehabilitation, 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, 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 above-named persons by means of overhearing or recording any communication that they could lawfully overhear or record prior to January 1, 1968.