BILL NUMBER: SB 1164	CHAPTERED  07/08/08

	CHAPTER  81
	FILED WITH SECRETARY OF STATE  JULY 8, 2008
	APPROVED BY GOVERNOR  JULY 8, 2008
	PASSED THE SENATE  APRIL 17, 2008
	PASSED THE ASSEMBLY  JUNE 26, 2008
	AMENDED IN SENATE  APRIL 1, 2008
	AMENDED IN SENATE  MARCH 12, 2008

INTRODUCED BY   Senator Scott

                        FEBRUARY 6, 2008

   An act to amend Section 830.13 of the Penal Code, relating to
investigators.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1164, Scott. Investigators.
   Existing law specifies certain persons who, although not peace
officers, are authorized to serve search warrants and to receive
state summary criminal history information.
   This bill would add to the list of persons so authorized
investigative auditors employed by the Department of Justice whose
primary duty is investigating financial crimes. The bill would
authorize investigative auditors to only serve warrants for the
production of documentary evidence held by financial institutions,
Internet service providers, telecommunications companies, and third
parties who are not reasonably suspected of engaging or having
engaged in criminal activity related to the documentary evidence for
which the warrant is requested.


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

  SECTION 1.  Section 830.13 of the Penal Code is amended to read:
   830.13.  (a) The following persons are not peace officers but may
exercise the power to serve warrants as specified in Sections 1523
and 1530 during the course and within the scope of their employment,
if they receive a course in the exercise of that power pursuant to
Section 832. The authority and power of the persons designated under
this section shall extend to any place in the state:
   (1) Persons employed as investigators of an auditor-controller or
director of finance of any county or persons employed by a city and
county who conduct investigations under the supervision of the
controller of the city and county, who are regularly employed and
paid in that capacity, provided that the primary duty of these
persons shall be to engage in investigations related to the theft of
funds or the misappropriation of funds or resources, or
investigations related to the duties of the auditor-controller or
finance director as set forth in Chapter 3.5 (commencing with Section
26880), Chapter 4 (commencing with Section 26900), Chapter 4.5
(commencing with Section 26970), and Chapter 4.6 (commencing with
Section 26980) of Part 3 of Division 2 of Title 3 of the Government
Code.
   (2) Persons employed by the Department of Justice as investigative
auditors, provided that the primary duty of these persons shall be
to investigate financial crimes. Investigative auditors shall only
serve warrants for the production of documentary evidence held by
financial institutions, Internet service providers,
telecommunications companies, and third parties who are not
reasonably suspected of engaging or having engaged in criminal
activity related to the documentary evidence for which the warrant is
requested.
   (b) Notwithstanding any other provision of law, persons designated
pursuant to this section shall not carry firearms.
   (c) Persons designated pursuant to this section shall be included
as "peace officers of the state" under paragraph (2) of subdivision
(c) of Section 11105 for the purpose of receiving state summary
criminal history information and shall be furnished that information
on the same basis as peace officers of the state designated in
paragraph (2) of subdivision (c) of Section 11105.
   (d) Unless otherwise specifically provided, this section confers
to persons designated in this section the same authority and power to
serve warrants as conferred by Section 830.11.