BILL NUMBER: SB 448	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2015

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 25, 2015

   An act to amend Section 633 of the Penal Code, relating to law
enforcement.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 448, as amended, Galgiani. Law enforcement: communications.
   Existing law establishes various prohibitions against
eavesdropping and recording or intercepting certain communications.
Violations of these prohibitions are crimes. 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 enactment of those
prohibitions.
   This bill would  add, among others,   add
uniformed  peace officers of the Department of Fish and
Wildlife, the Department of Parks and Recreation, the 
Department of Forestry and Fire Protection, the Department of
Alcoholic Beverage Control, and the California Exposition and State
Fair,   State Department of Developmental Services, and
the State Department of State Hospitals,  and a special agent of
the Attorney General or any district attorney, to the list of law
enforcement officers to whom the prohibitions described above do not
apply.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated 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, special agent, or investigator of the Attorney
General or any district attorney, any officer of the California
Highway Patrol, any  uniformed  peace officer of the
Department of Fish and Wildlife, the Department of Parks and
Recreation, the  Department of Forestry and Fire Protection,
the Department of Alcoholic Beverage Control, or the California
Exposition and State Fair,   State Department of
Developmental Services, or the State Department of State Hospitals,
 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,  any  police officer of the County of Los Angeles,
 any peace officer identified in Section 830.3, 830.37, or
830.38,  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 the effective
date of this chapter.
   (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 the effective date of this
chapter.