Bill Text: CA SB298 | 2015-2016 | Regular Session | Introduced

---

Bill Title: Money laundering: interception of electronic communications.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB298 Detail]

Download: California-2015-SB298-Introduced.html

---

BILL NUMBER: SB 298	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Block

                        FEBRUARY 23, 2015

   An act to amend Section 629.52 of the Penal Code, relating to
money laundering.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 298, as introduced, Block. Money laundering: interception of
electronic communications.
   Existing law, until January 1, 2020, requires an application for
an order authorizing the interception of a wire, oral, or other
specified electronic communication to be made in writing upon the
personal oath or affirmation of the Attorney General, Chief Deputy
Attorney General, or Chief Assistant Attorney General, Criminal Law
Division, or of a district attorney. Existing law, until January 1,
2020, authorizes the court to issue an order authorizing interception
of those communications if the judge finds, among other things, that
there is probable cause to believe that an individual is committing,
has committed, or is about to commit, one of several offenses,
including, among others, possession for sale of certain controlled
substances, murder, and certain felonies involving destructive
devices.
   This bill would add money laundering to the list of offenses for
which interception of electronic communication may be ordered
pursuant to those provisions if certain requirements are met, as
specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 629.52 of the Penal Code is amended to read:
   629.52.  Upon application made under Section 629.50, the judge may
enter an ex parte order, as requested or modified, authorizing
interception of wire or electronic communications initially
intercepted within the territorial jurisdiction of the court in which
the judge is sitting, if the judge determines, on the basis of the
facts submitted by the applicant, all of the following:
   (a) There is probable cause to believe that an individual is
committing, has committed, or is about to commit, one of the
following offenses:
   (1) Importation, possession for sale, transportation, manufacture,
or sale of controlled substances in violation of Section 11351,
11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6
of the Health and Safety Code with respect to a substance containing
heroin, cocaine, PCP, methamphetamine, or their precursors or analogs
where the substance exceeds 10 gallons by liquid volume or three
pounds of solid substance by weight.
   (2) Murder, solicitation to commit murder, a violation of Section
209, or the commission of a felony involving a destructive device in
violation of Section 18710, 18715, 18720, 18725, 18730, 18740, 18745,
18750, or 18755. 
   (3) A violation of Section 186.10, if committed for the benefit
of, at the direction of, or in association with, an ongoing
organization, association, or group of three or more persons, whether
formal or informal, who collectively engage in or have engaged in a
pattern of criminal profiteering activity, as defined in Section
186.2, and if the value of the transaction or transactions exceed
fifty thousand dollars ($50,000).  
   (3) 
    (4)  Any felony violation of Section 186.22. 
   (4) 
    (5)  Any felony violation of Section 11418, relating to
weapons of mass destruction, Section 11418.5, relating to threats to
use weapons of mass destruction, or Section 11419, relating to
restricted biological agents. 
   (5) 
    (6)  Any violation of Section 236.1. 
   (6) 
    (7)  An attempt or conspiracy to commit any of the
above-mentioned crimes.
   (b) There is probable cause to believe that particular
communications concerning the illegal activities will be obtained
through that interception, including, but not limited to,
communications that may be utilized for locating or rescuing a kidnap
victim.
   (c) There is probable cause to believe that the facilities from
which, or the place where, the wire or electronic communications are
to be intercepted are being used, or are about to be used, in
connection with the commission of the offense, or are leased to,
listed in the name of, or commonly used by the person whose
communications are to be intercepted.
   (d) Normal investigative procedures have been tried and have
failed or reasonably appear either to be unlikely to succeed if tried
or to be too dangerous.