On September 1, 2017, Gov. Jerry Brown signed 40 New California Law.
Of great interest for families is AB 413, the new law which creates an exception allowing in California the recording without the consent of all participants of communications which can be used in court to document Domestic Violence.
This new law should be very helpful in assisting victims of Domestic Violence to obtain from our California Courts the assistance they need against further Domestic Abuse.
AB 413 by Assemblymember Susan Talamantes Eggman (D-Stockton) – Confidential communications: domestic violence.
September 01, 2017. ]
LEGISLATIVE COUNSEL’S DIGEST
AB 413, Eggman. Confidential communications: domestic violence. (Emphasis added.)
Existing law makes it a crime, subject to specified exemptions, for a person to intentionally eavesdrop upon or record a confidential communication by means of an electronic amplifying or recording device without the consent of all parties to the confidential communication. Existing law exempts from the prohibition the recording of a confidential communication made for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of certain crimes, including any felony involving violence against the person making the recording. Existing law also allows a judge to include a provision in a domestic violence restraining order permitting a victim of domestic violence to record any prohibited communication made to him or her by the perpetrator.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 633.5 of the Penal Code is amended to read:
633.5.
Sections 631, 632, 632.5, 632.6, and 632.7 do not prohibit one party to a confidential communication from recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping, bribery, any felony involving violence against the person, including, but not limited to, human trafficking, as defined in Section 236.1, or a violation of Section 653m, or domestic violence as defined in Section 13700. Sections 631, 632, 632.5, 632.6, and 632.7 do not render any evidence so obtained inadmissible in a prosecution for extortion, kidnapping, bribery, any felony involving violence against the person, including, but not limited to, human trafficking, as defined in Section 236.1, a violation of Section 653m, or domestic violence as defined in Section 13700, or any crime in connection therewith.
SEC. 2.
Section 633.6 of the Penal Code is amended to read:
633.6.
(a) Notwithstanding the provisions of this chapter, and in accordance with federal law, upon the request of a victim of domestic violence who is seeking a domestic violence restraining order, a judge issuing the order may include a provision in the order that permits the victim to record any prohibited communication made to him or her by the perpetrator.
(c) The Judicial Council shall amend its domestic violence prevention application and order forms to incorporate the provisions of this section.
No comments yet.