Bill Text: CA AB2726 | 2021-2022 | Regular Session | Introduced

California Assembly Bill 2726 (Prior Session Legislation)

Introduced

Bill Title: Peace officers: communications.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2022-06-28 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2726 Detail]

Download: California-2021-AB2726-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2726

Introduced by Assembly Member Lackey

February 18, 2022

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

LEGISLATIVE COUNSEL'S DIGEST

AB 2726, as introduced, Lackey. Peace officers: communications.

Existing law establishes various prohibitions against eavesdropping and recording or intercepting certain communications. Violations of these prohibitions are crimes. Existing law exempts specified law enforcement officers, including a peace officer of the Office of Internal Affairs within the Department of Corrections and Rehabilitation, from these prohibitions with respect to overhearing or recording any communication that the officer could lawfully overhear or record prior to January 1, 1968.

Existing law provides for the Office of Correctional Safety within the department and makes members of that office who meet certain criteria peace officers.

This bill would additionally exempt peace officers of the Office of Correctional Safety from the prohibitions described above relating to overhearing or recording communications.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO 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 peace officer of the Office of Internal Affairs or the Office of Correctional Safety 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~~ their 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.