Bill Text: CA AB925 | 2015-2016 | Regular Session | Amended

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Bill Title: Intentional recording of telephonic communication.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB925 Detail]

Download: California-2015-AB925-Amended.html

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BILL NUMBER: AB 925	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 11, 2015
	AMENDED IN ASSEMBLY  APRIL 13, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Low

                        FEBRUARY 26, 2015

   An act to amend Section 632.7  of   of, and
to add Sectio   n 632.8 to,  the Penal Code, relating
to crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 925, as amended, Low. Intentional recording of telephonic
communication.
   Existing law makes it a misdemeanor, punishable by a fine not to
exceed $2,500, by imprisonment in county jail for not more than one
year or in the state prison, or by both that fine and imprisonment,
to intercept or receive and intentionally record, or assist in the
interception or receipt and intentional recording of, a communication
transmitted between 2 telephonic devices, without the consent of all
parties to the communication. Existing law exempts from these
provisions a public communications utility when the acts are for the
construction, maintenance, or operation of the services of the public
utility or are pursuant to the tariffs of the public utility, and
also exempts telephonic communication systems used exclusively within
a correctional facility, as specified.
   This bill would additionally exempt from that prohibition 
a nonconfidential   the first 20 seconds of a
telephonic  communication between a person or business and a
current or former customer, or a person reasonably believed to be a
current or former  customer, regarding their business
relationship, including communications regarding billing,
provisioning, maintaining, or operating the product or service
provided by the person or business.   customer. The bill
would also require the Department of Justice to annually report to
the Legislature the number of people charged under these provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 632.7 of the Penal Code is amended to read:
   632.7.  (a) Every person who, without the consent of all parties
to a communication, intercepts or receives and intentionally records,
or assists in the interception or reception and intentional
recordation of, a communication transmitted between two cellular
radio telephones, a cellular radio telephone and a landline
telephone, two cordless telephones, a cordless telephone and a
landline telephone, or a cordless telephone and a cellular radio
telephone, shall be punished by a fine not exceeding two thousand
five hundred dollars ($2,500), or by imprisonment in a county jail
not exceeding one year, or in the state prison, or by both that fine
and imprisonment. If the person has been convicted previously of a
violation of this section or of Section 631, 632, 632.5, 632.6, or
636, the person shall be punished by a fine not exceeding ten
thousand dollars ($10,000), by imprisonment in a county jail not
exceeding one year, or in the state prison, or by both that fine and
imprisonment.
   (b) This section shall not apply to any of the following:
   (1) A public utility engaged in the business of providing
communications services and facilities, or to the officers,
employees, or agents thereof, when the acts otherwise prohibited are
for the purpose of construction, maintenance, conduct, or operation
of the services and facilities of the public utility.
   (2) The use of any instrument, equipment, facility, or service
furnished and used pursuant to the tariffs of the public utility.
   (3) A telephonic communication system used for communication
exclusively within a state, county, city and county, or city
correctional facility. 
   (4) A nonconfidential communication between a person or business
and a current or former customer of the person or business, or a
person reasonably believed to be a current or former customer,
regarding their business relationship, including, but not limited to,
communications regarding billing, provisioning, maintaining, or
operating the product or service provided by the person or business.
 
   (4) The initial 20 seconds of a telephonic communication between a
business and a current or former customer, or a person reasonably
believed to be a current or former customer. 
   (c) As used in this section, each of the following terms have the
following meaning:
   (1) "Cellular radio telephone" means a wireless telephone
authorized by the Federal Communications Commission to operate in the
frequency bandwidth reserved for cellular radio telephones.
   (2) "Cordless telephone" means a two-way, low power communication
system consisting of two parts, a "base" unit which connects to the
public switched telephone network and a handset or "remote" unit,
that are connected by a radio link and authorized by the Federal
Communications Commission to operate in the frequency bandwidths
reserved for cordless telephones.
   (3) "Communication" includes, but is not limited to,
communications transmitted by voice, data, or image, including
facsimile.
   SEC. 2.    Section 632.8 is added to the  
Penal Code   , to read:  
   632.8.  (a) On January 1, 2017, and annually thereafter, the
Department of Justice shall report to the Legislature the number of
people charged with a crime under Section 632.7 during the preceding
year.
   (b) The report to the Legislature pursuant to this section shall
be submitted in compliance with Section 9795 of the Government Code.