Bill Text: CA SB424 | 2015-2016 | Regular Session | Chaptered


Bill Title: Law enforcement: communications.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-08-10 - Chaptered by Secretary of State. Chapter 159, Statutes of 2015. [SB424 Detail]

Download: California-2015-SB424-Chaptered.html
BILL NUMBER: SB 424	CHAPTERED
	BILL TEXT

	CHAPTER  159
	FILED WITH SECRETARY OF STATE  AUGUST 10, 2015
	APPROVED BY GOVERNOR  AUGUST 10, 2015
	PASSED THE SENATE  JUNE 2, 2015
	PASSED THE ASSEMBLY  JULY 16, 2015
	AMENDED IN SENATE  APRIL 21, 2015

INTRODUCED BY   Senator Pan

                        FEBRUARY 25, 2015

   An act to add Section 633.02 to the Penal Code, relating to law
enforcement.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 424, Pan. Law enforcement: communications.
   Existing law establishes various prohibitions against
eavesdropping and recording or intercepting certain communications. A
violation of these prohibitions is a crime. 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 January 1, 1968,
effective date of those prohibitions.
   This bill would similarly provide that the provisions prohibiting
eavesdropping and recording or intercepting certain communications do
not prohibit any chief of police, assistant chief of police, or
police officer of a university or college campus, as specified,
acting within the scope of his or her authority, from overhearing or
recording any communication that he or she could lawfully overhear or
record prior to January 1, 1968, in any criminal investigation
related to sexual assault or other sexual offense. The bill would
also provide that those provisions also shall not prohibit those
officers from using or operating body-worn cameras. The bill would
also state that these provisions shall not be used to impinge upon
the lawful exercise of constitutionally protected rights of freedom
of speech or assembly, or the constitutionally protected right of
personal privacy.


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

  SECTION 1.  Section 633.02 is added to the Penal Code, to read:
   633.02.  (a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits any POST-certified chief of police, assistant chief of
police, or police officer of a university or college campus acting
within the scope of his or her authority, from overhearing or
recording any communication that he or she could lawfully overhear or
record prior to January 1, 1968, in any criminal investigation
related to sexual assault or other sexual offense.
   (b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 shall
prohibit any POST-certified chief of police, assistant chief of
police, or police officer of a university or college campus from
using or operating body-worn cameras.
   (c) This section shall not be construed to affect Section 633.
   (d) This section shall not be used to impinge upon the lawful
exercise of constitutionally protected rights of freedom of speech or
assembly, or the constitutionally protected right of personal
privacy.                 
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