BILL NUMBER: SB 61	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        DECEMBER 22, 2010

   An act to amend Section 629.98 of the Penal Code, relating to
wiretapping.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 61, as introduced, Pavley. Wiretapping: authorization.
   Existing law establishes a procedure for the application for, and
issuance of, an order authorizing the interception of a wire,
electronic pager, or electronic cellular telephone communication, as
those terms are defined, and, among other things, establishes
additional provisions regarding those interceptions for purposes of
criminal proceedings. Existing law requires the Attorney General to
prepare and submit an annual report to the Legislature, the Judicial
Council, and the Director of the Administrative Office of the United
States Court regarding these interceptions, as specified. Existing
law provides that a violation of these provisions is punishable as a
misdemeanor with specified penalties, or as a felony. Existing law
further provides that all of these provisions shall remain in effect
until January, 1, 2012.
   This bill would extend the operation of these provisions until
January 1, 2015.
   By extending the operation of provisions of law creating a crime,
this bill 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 no reimbursement is required by this
act for a specified reason.
   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 629.98 of the Penal Code is amended to read:
   629.98.  This chapter shall remain in effect only until January 1,
 2012   2015  , and as of that date is
repealed.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.