Bill Text: CA AB39 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 39 (Prior Session Legislation)

Bill Title: Search warrants: electronic submission.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-08-13 - Chaptered by Secretary of State - Chapter 193, Statutes of 2015. [AB39 Detail]

Download: California-2015-AB39-Chaptered.html

BILL NUMBER: AB 39	CHAPTERED
	BILL TEXT

	CHAPTER  193
	FILED WITH SECRETARY OF STATE  AUGUST 13, 2015
	APPROVED BY GOVERNOR  AUGUST 13, 2015
	PASSED THE SENATE  JULY 6, 2015
	PASSED THE ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Medina

                        DECEMBER 1, 2014

   An act to amend Section 1526 of the Penal Code, relating to search
warrants.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 39, Medina. Search warrants: electronic submission.
   Existing law establishes various grounds for the issuance of a
search warrant. Existing law requires a search warrant to be issued
upon probable cause, supported by affidavit, naming or describing the
person to be searched or searched for, and particularly describing
the property, thing, or things and the place to be searched.
   Existing law authorizes a magistrate, before issuing a warrant, to
examine on oath the person seeking the warrant and requires the
magistrate to take his or her affidavit in writing. Existing law
authorizes the magistrate, in lieu of a written affidavit, to take an
oral statement under oath using a telephone and facsimile
transmission equipment, by using a telephone and electronic mail, or
by using a telephone and computer server. Existing law requires, if
one of those means is utilized, that the oath be made during a
telephone conversation with the magistrate, after which the affiant
signs the affidavit and sends the proposed search warrant and all
supporting affidavits and attachments to the magistrate. Existing law
also requires, if one of those means is utilized, the affiant to
telephonically acknowledge the receipt of the signed search warrant
and designates the completed search warrant, as signed by the
magistrate, as the original warrant and the completed search warrant,
as signed by the magistrate and received by the affiant, as the
duplicate original warrant.
   This bill would instead require an affiant to first sign his or
her affidavit and send the proposed search warrant and all supporting
affidavits and attachments to the magistrate, after which the
affiant would make his or her oath during a telephone conversation
with the magistrate. The bill would also delete the requirement that
the affiant telephonically acknowledge receipt of the signed search
warrant and would designate the completed search warrant, signed by
the magistrate and received by the affiant, as the original warrant.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1526 of the Penal Code is amended to read:
   1526.  (a) The magistrate, before issuing the warrant, may examine
on oath the person seeking the warrant and any witnesses the person
may produce, and shall take his or her affidavit or their affidavits
in writing, and cause the affidavit or affidavits to be subscribed by
the party or parties making them.
   (b) In lieu of the written affidavit required in subdivision (a),
the magistrate may take an oral statement under oath under one of the
following conditions:
   (1) The oath shall be made under penalty of perjury and recorded
and transcribed. The transcribed statement shall be deemed to be an
affidavit for the purposes of this chapter. In these cases, the
recording of the sworn oral statement and the transcribed statement
shall be certified by the magistrate receiving it and shall be filed
with the clerk of the court. In the alternative in these cases, the
sworn oral statement shall be recorded by a certified court reporter
and the transcript of the statement shall be certified by the
reporter, after which the magistrate receiving it shall certify the
transcript which shall be filed with the clerk of the court.
   (2) The oath is made using telephone and facsimile transmission
equipment, telephone and electronic mail, or telephone and computer
server, as follows:
   (A) The oath is made during a telephone conversation with the
magistrate, after the affiant has signed his or her affidavit in
support of the application for the search warrant and transmitted the
proposed search warrant and all supporting affidavits and documents
to the magistrate. The affiant's signature may be in the form of a
digital signature or electronic signature if electronic mail or
computer server is used for transmission to the magistrate.
   (B) The magistrate shall confirm with the affiant the receipt of
the search warrant and the supporting affidavits and attachments. The
magistrate shall verify that all the pages sent have been received,
that all pages are legible, and that the affiant's signature, digital
signature, or electronic signature is acknowledged as genuine.
   (C) If the magistrate decides to issue the search warrant, he or
she shall:
   (i) Sign the warrant. The magistrate's signature may be in the
form of a digital signature or electronic signature if electronic
mail or computer server is used for transmission by the magistrate.
   (ii) Note on the warrant the exact date and time of the issuance
of the warrant.
   (iii) Indicate on the warrant that the oath of the affiant was
administered orally over the telephone.
   (D) The magistrate shall transmit via facsimile transmission
equipment, electronic mail, or computer server, the signed search
warrant to the affiant. The completed search warrant, as signed by
the magistrate and received by the affiant, shall be deemed to be the
original warrant. The original warrant and any affidavits or
attachments in support thereof shall be returned as provided in
Section 1534.