Bill Text: CA SB955 | 2013-2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
BILL NUMBER: SB 955 INTRODUCED BILL TEXT INTRODUCED BY Senators Mitchell and Lieu (Principal coauthors: Senators Hill and Huff) (Coauthor: Assembly Member Eggman) FEBRUARY 6, 2014 An act to amend Sections 629.52 and 629.98 of the Penal Code, relating to interception of electronic communications. LEGISLATIVE COUNSEL'S DIGEST SB 955, as introduced, 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 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 bill would extend the operation of the provisions described above until January 1, 2020. 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) 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.(5)(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. SEC. 2. Section 629.98 of the Penal Code is amended to read: 629.98. This chapter shall remain in effect only until January 1,20152020 , and as of that date is repealed , unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date .