Bill Text: CA SB955 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Interception of electronic communications.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 712, Statutes of 2014. [SB955 Detail]

Download: California-2013-SB955-Chaptered.html

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BILL NUMBER: SB 955	CHAPTERED
	BILL TEXT

	CHAPTER  712
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2014
	PASSED THE SENATE  AUGUST 21, 2014
	PASSED THE ASSEMBLY  AUGUST 20, 2014
	AMENDED IN ASSEMBLY  AUGUST 18, 2014

INTRODUCED BY   Senators Mitchell and Lieu
   (Principal coauthors: Senators Hill and Huff)
   (Principal coauthor: Assembly Member Holden)
   (Coauthor: Assembly Member Eggman)

                        FEBRUARY 6, 2014

   An act to amend Section 629.52 of the Penal Code, relating to
interception of electronic communications.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 955, Mitchell. Interception of electronic communications.
   Existing law, until January 1, 2015, 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,
2015, 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 human trafficking to the list of offenses for
which interception of electronic communications may be ordered
pursuant to those provisions.



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) Any felony violation of Section 186.22.
   (4) 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) Any violation of Section 236.1.
   (6) 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.