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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 925	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Low

                        FEBRUARY 26, 2015

   An act to amend Section 632 of the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 925, as introduced, Low. Confidential conversations:
eavesdropping.
   Existing law makes it a crime to intentionally and without consent
of all parties to a confidential communication, by means of any
electronic amplifying or recording device, eavesdrop upon or record
the confidential communication, whether the communication is carried
on among the parties in the presence of one another or by means of a
telegraph, telephone, or other device, except a radio. Existing law
also makes evidence obtained as a result of eavesdropping upon or
recording a confidential communication inadmissible in any judicial,
administrative, legislative, or other proceeding.
   This bill would make nonsubstantive, technical changes to those
provisions.
   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 632 of the Penal Code is amended to read:
   632.  (a)  Every   (1)    
A  person who, intentionally and without the consent of all
parties to a confidential communication, by means of any electronic
amplifying or recording device, eavesdrops upon or records the
confidential communication, whether the communication is carried on
among the parties in the presence of one another or by means of a
telegraph, telephone, or other device, except a radio, shall be
punished by a fine not exceeding two thousand five hundred dollars
($2,500), or imprisonment in  the  county jail not
exceeding one year, or in the state prison, or by both that fine and
imprisonment.  If 
    (2)     If  the person has previously
been convicted of a violation of this section or Section 631, 632.5,
632.6, 632.7, or 636, the person shall be punished by a fine not
exceeding ten thousand dollars ($10,000), by imprisonment in 
the  county jail not exceeding one year, or in the state
prison, or by both that fine and imprisonment.
   (b)  The term "person" includes   For 
 purposes of this section "person" means  an individual,
business  association, partnership, corporation, limited
liability company,   entity,  or other legal
entity, and an individual  acting   acting,
 or purporting to  act   act,  for or
on behalf of  any   a  government or
subdivision  thereof,   of a government, 
whether federal, state, or  local, but   local.
"Person   "  excludes an individual known by all
parties to a confidential communication to be overhearing or
recording the communication.
   (c)  The term "confidential   For purposes of
this section "Confidential  communication"  includes
any   means a  communication carried on in
circumstances as may reasonably indicate that  any 
 a  party to the communication desires  it 
 the communication  to be confined to the parties
thereto, but   participating parties. "Confidential
communication   "  excludes a communication made in a
public gathering or in  any   a 
legislative, judicial,  executive   executive,
 or administrative proceeding open to the public, or in any
other circumstance in which the parties to the communication may
reasonably expect that the communication may be overheard or
recorded.
   (d) Except as proof in an action or prosecution for violation of
this section, no evidence obtained as a result of eavesdropping upon
or recording a confidential communication in violation of this
section shall be admissible in any judicial, administrative,
legislative, or other proceeding.
   (e) This section does not apply (1) to any 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 by this section 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
instrument, equipment, facility, or service furnished and used
pursuant to the tariffs of a public utility, or (3) to any telephonic
communication system used for communication exclusively within a
state, county, city and county, or city correctional facility.
   (f) This section does not apply to the use of hearing aids and
similar devices, by  persons   a person 
afflicted with impaired hearing, for the purpose of overcoming the
impairment to permit the hearing of sounds ordinarily audible to the
human ear.