Bill Text: CA SB509 | 2017-2018 | Regular Session | Introduced

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Bill Title: Crimes: invasion of privacy: wiretapping.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB509 Detail]

Download: California-2017-SB509-Introduced.html

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 509

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Introduced by Senator Nguyen

February 16, 2017

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An act to amend Section 631 of the Penal Code, relating to invasion of privacy.

LEGISLATIVE COUNSEL'S DIGEST

SB 509, as introduced, Nguyen. Crimes: invasion of privacy: wiretapping.

Under existing law, a person who intentionally taps or makes an unauthorized connection with a telegraph or telephone wire, line, cable, or instrument or who willfully and without the consent of all parties to the communication, reads or attempts to read or learn the contents or meaning of a message, report, or communication while the communication is in transit, is guilty of a crime, punishable as specified.

This bill would make technical, nonsubstantive changes to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 631 of the Penal Code is amended to read:

631.

 (a) Any A person who, by means of any a machine, instrument, or contrivance, or in any other manner, intentionally taps, or makes any an unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any a telegraph or telephone wire, line, cable, or instrument, including the wire, line, cable, or instrument of any an internal telephonic communication system, or who willfully and without the consent of all parties to the communication, or in any an unauthorized manner, reads, or attempts to read, or to learn the contents or meaning of any a message, report, or communication while the same is in transit or passing over any a wire, line, or cable, or is being sent from, or received at any a place within this state; or who uses, or attempts to use, in any manner, or for any purpose, or to communicate in any way, any information so obtained, or who aids, agrees with, employs, or conspires with any a person or persons to unlawfully do, or permit, or cause to be done any of the acts or things mentioned above in this section, is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment in the county jail or pursuant to subdivision (h) of Section 1170. If the person has previously been convicted of a violation of this section or Section 632, 632.5, 632.6, 632.7, or 636, he or she is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.

(b) This section shall not apply (1) to any a public utility engaged in the business of providing communications services and facilities, or to the officers, employees or agents thereof, where the acts otherwise prohibited herein are for the purpose of construction, maintenance, conduct or operation of the services and facilities of the public utility, or (2) to the use of any an instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility, or (3) to any a telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.

(c) Except as proof in an action or prosecution for violation of this section, no evidence obtained in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding.

(d) This section shall become operative on January 1, 1994.