Bill Text: CA AB388 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 388 (Prior Session Legislation)

Introduced

Bill Title: Criminal procedure: search warrants: tracking devices.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB388 Detail]

Download: California-2011-AB388-Introduced.html

BILL NUMBER: AB 388	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hern�ndez

                        FEBRUARY 14, 2011

   An act to amend Section 1534 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 388, as introduced, Roger Hern�ndez. Criminal procedure: search
warrants: tracking devices.
   Existing law provides that a search warrant cannot be issued but
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 provides that a search warrant shall be executed and returned
within 10 days after date of issuance.
   This bill would establish rules regarding tracking device search
warrants. The bill would provide that the length of time that a
tracking device may be used shall not exceed 45 days, except as
specified. The bill would provide that an officer executing a
tracking device search warrant shall not be required to knock and
announce his or her presence before executing the warrant. The bill
would provide that no later than 10 calendar days after the use of
the tracking device has ended, the officer who executed the tracking
device warrant shall serve a copy of the warrant on the person who
was tracked or whose property was tracked. Because this bill would
require local law enforcement officials to perform additional duties,
it would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 1534 of the Penal Code is amended to read:
   1534.  (a) A search warrant shall be executed and returned within
10 days after date of issuance. A warrant executed within the 10-day
period shall be deemed to have been timely executed and no further
showing of timeliness need be made. After the expiration of 10 days,
the warrant, unless executed, is void. The documents and records of
the court relating to the warrant need not be open to the public
until the execution and return of the warrant or the expiration of
the 10-day period after issuance. Thereafter, if the warrant has been
executed, the documents and records shall be open to the public as a
judicial record. 
   (b) (1) A tracking device search warrant shall identify the person
or property to be tracked and specify a reasonable length of time,
not to exceed 45 days from the date the warrant is issued, that the
device may be used. The court may, for good cause, grant one or more
extensions for the time that the device may be used, with each
extension lasting for a reasonable length of time not to exceed 45
days. The search warrant shall command the officer to execute the
warrant by installing a tracking device or serving the warrant on a
third-party possessor of the tracking data. The officer shall perform
any installation authorized by the warrant during the daytime unless
the judge, for good cause, expressly authorizes installation at
another time. Execution of the warrant shall be completed no later
than 10 days immediately after the date of issuance. A warrant
executed within this 10-day period shall be deemed to have been
timely executed and no further showing of timeliness need be made.
After the expiration of 10 days, the warrant shall be void, unless
executed.  
   (2) An officer executing a tracking device search warrant shall
not be required to knock and announce his or her presence before
executing the warrant.  
   (3) No later than 10 calendar days after the use of the tracking
device has ended, the officer executing the warrant shall file a
return to the warrant.  
   (4) No later than 10 calendar days after the use of the tracking
device has ended, the officer who executed the tracking device
warrant shall serve a copy of the warrant on the person who was
tracked or whose property was tracked. Upon the request of a
government agency, the judge may, for good cause, delay service of a
copy of the warrant.  
   (5) As used in this section, "tracking device" means any
electronic or mechanical device that permits the tracking of the
movement of a person or object.  
   (b) 
    (c)  If a duplicate original search warrant has been
executed, the peace officer who executed the warrant shall enter the
exact time of its execution on its face. 
   (c) 
    (d)  A search warrant may be made returnable before the
issuing magistrate or his court.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.