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Updated:   2026-02-04

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Measure
Authors Caballero  
Coauthors: Niello   Valladares   Irwin   Blanca Rubio  
Subject Crimes: invasion of privacy.
Relating To relating to crimes.
Title An act to amend Sections 631, 632, 632.7, 637.2, and 638.50 of the Penal Code, relating to crimes.
Last Action Dt 2025-05-29
State Amended Senate
Status In Committee Process
Flags
Vote Req Approp Fiscal Cmte Local Prog Subs Chgs Urgency Tax Levy Active?
Majority No Yes No None No No Y
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Leginfo Link  
Bill Actions
2025-07-02     From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 9. Noes 0.) (July 1). Re-referred to Com. on P. & C.P.
2025-06-16     Referred to Coms. on PUB. S. and P. & C.P.
2025-06-04     In Assembly. Read first time. Held at Desk.
2025-06-03     Read third time. Passed. (Ayes 35. Noes 0. Page 1449.) Ordered to the Assembly.
2025-06-02     Read second time. Ordered to third reading.
2025-05-29     Read third time and amended.
2025-05-29     Ordered to second reading.
2025-05-27     Read second time. Ordered to third reading.
2025-05-23     From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1209.) (May 23).
2025-05-23     Read second time and amended. Ordered to second reading.
2025-05-20     Set for hearing May 23.
2025-05-19     May 19 hearing: Placed on APPR. suspense file.
2025-05-09     Set for hearing May 19.
2025-04-30     From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 945.) (April 29). Re-referred to Com. on APPR.
2025-04-11     Set for hearing April 29.
2025-04-02     Re-referred to Com. on PUB. S.
2025-03-24     From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
2025-03-05     Referred to Com. on RLS.
2025-02-24     From printer. May be acted upon on or after March 24.
2025-02-24     Read first time.
2025-02-21     Introduced. To Com. on RLS. for assignment. To print.
Versions
Amended Senate     2025-05-29
Amended Senate     2025-05-23
Amended Senate     2025-03-24
Introduced     2025-02-21
Analyses TBD
Latest Text Bill Full Text
Latest Text Digest

(1) Existing law prohibits tapping a communication wire or intercepting or recording a telephone communication, as specified, without the consent of all parties. Existing law exempts specified communication intercepts, including those in a correctional institution and those required for utility maintenance purposes. A violation of these provisions is punishable as either a misdemeanor or a felony.

This bill would also exempt communication intercepts for a commercial business purpose from those prohibitions. The bill would define a commercial business purpose to mean the processing of personal information either performed to further a business purpose or subject to a consumer’s opt-out rights.

(2) Existing law defines a “pen register” for these purposes to mean a device or process that records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted but not the contents of a communication, with specified exceptions. Existing law defines a “trap and trace device” as a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication but not the contents of a communication.

The bill would specify that a pen register does not include a device or process used in a manner consistent with a commercial business purpose. This bill would also specify that a trap and trace device does not include a device or process that is used in a manner consistent with a commercial business purpose.

(3) Existing law authorizes a person who has been injured by a violation of those prohibitions to bring an action against the person who committed the violation to enjoin and restrain the violation, as well as to bring an action for monetary damages, as specified.

This bill would specify that this authorization does not apply to the processing of personal information for a commercial business purpose.