Intentional recording of telephonic communication.

Existing law makes it a misdemeanor, punishable by a fine not to exceed $2,500, by imprisonment in county jail for not more than one year or in the state prison, or by both that fine and imprisonment, to intercept or receive and intentionally record, or assist in the interception or receipt and intentional recording of, a communication transmitted between 2 telephonic devices, without the consent of all parties to the communication. Existing law exempts from these provisions a public communications utility when the acts are for the construction, maintenance, or operation of the services of the public utility or are pursuant to the tariffs of the public utility, and also exempts telephonic communication systems used exclusively within a correctional facility, as specified. This bill would additionally exempt from that prohibition the first 20 seconds of a telephonic communication between a person or business and a current or former customer, or a person reasonably believed to be a current or former customer. The bill would also require the Department of Justice to annually report to the Legislature the number of people charged under these provisions.