Bill Text: CA AB2710 | 2017-2018 | Regular Session | Introduced
Bill Title: Warrants.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-08-20 - Chaptered by Secretary of State - Chapter 176, Statutes of 2018. [AB2710 Detail]
Download: California-2017-AB2710-Introduced.html
Assembly Bill | No. 2710 |
Introduced by Assembly Member Obernolte |
February 15, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 817 of the Penal Code is amended to read:817.
(a) (1)(c)In lieu of the written declaration required in subdivision (b), the magistrate may take an oral statement under oath under one of the following conditions:
(1)The oath shall be taken
(2)The oath is made using telephone and facsimile transmission equipment, or made using telephone and electronic mail, or telephone and computer server, under all of the following conditions:
(A)The oath is made during a telephone conversation with the magistrate, after which the
(B)The magistrate shall confirm with the declarant the receipt of the warrant and the supporting declarations and attachments. The magistrate shall verify that all the pages sent have been received, that all pages are legible, and that the declarant’s signature, digital signature, or electronic signature is acknowledged as genuine.
(C)If the magistrate decides to issue the warrant, he or she shall:
(i)Cause the warrant, supporting declarations, and attachments to be
subsequently printed if those documents are received by electronic mail or computer server.
(ii)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 to the magistrate.
(iii)Note on the warrant the exact date and time of the issuance of the warrant.
(iv)Indicate on the warrant that the oath of the declarant was administered orally over the telephone.
The completed warrant, as signed by the magistrate, shall be deemed to be the original warrant.
(D)The magistrate shall transmit via facsimile transmission equipment, electronic mail, or computer server, the signed warrant to the declarant who
shall telephonically acknowledge its receipt. The magistrate shall then telephonically authorize the declarant to write the words “duplicate original” on the copy of the completed warrant transmitted to the declarant and this document shall be deemed to be a duplicate original warrant.
(d)Before issuing a warrant, the magistrate may examine under oath the person seeking the warrant and any witness the person may produce, take the written declaration of the person or witness, and cause the person or witness to subscribe the declaration.
County of ______, State of California. | |
The people of the State of California to any peace officer of the STATE: | |
Proof by declaration under penalty of perjury having been made this day to me by
_____
(name of affiant)
_____
, | |
I find that there is probable cause to believe that the crime(s) of
_____
(designate the crime/s)
_____
has (have)
been committed by the defendant named and described below. | |
Therefore, you are commanded to arrest
_____
(name of defendant)
_____
and to bring the defendant before any magistrate in _______ County pursuant to Sections 821, 825, 826, and 848 of the Penal Code. | |
Defendant is admitted to bail in the amount of ______ dollars ($______). | |
Time Issued: |
_____
(Signature of the Judge)
_____
|
Dated: Judge of the Court |
(g)
(h)
SEC. 2.
Section 1526 of the Penal Code is amended to read:1526.
(a)(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
(2)The oath is made using telephone and facsimile transmission equipment, telephone and email, 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 email 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)
(i)
(ii)
(iii)Indicate on the warrant that the oath of the affiant was administered orally over the telephone.
(D)