BILL NUMBER: SB 61	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 8, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2011
	AMENDED IN ASSEMBLY  AUGUST 26, 2011

INTRODUCED BY   Senator Pavley

                        DECEMBER 22, 2010

   An act to amend Sections 629.62 and 629.98 of the Penal Code,
relating to wiretapping.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 61, 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. The report
is required to include, among other things, a general description of
the interceptions made under the order or extension, including the
approximate nature and frequency of incriminating communications
intercepted, the approximate nature and frequency of other
communications intercepted, the approximate number of persons whose
communications were intercepted, and the approximate nature, amount,
and cost of the manpower and other resources used in the
interceptions. 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. This bill would further revise the reporting
requirement to require the report to include, among other things, a
general description of the interceptions made under the order or
extension, including the number of persons whose communications were
intercepted, the number of communications intercepted, the percentage
of incriminating communications intercepted and the percentage of
other communications intercepted, and the approximate nature, amount,
and cost of the manpower and other resources used in the
interceptions.
   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.



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

  SECTION 1.  Section 629.62 of the Penal Code is amended to read:
   629.62.  (a) The Attorney General shall prepare and submit an
annual report to the Legislature, the Judicial Council, and the
Director of the Administrative Office of the United States Court on
interceptions conducted under the authority of this chapter during
the preceding year. Information for this report shall be provided to
the Attorney General by any prosecutorial agency seeking an order
pursuant to this chapter.
   (b) The report shall include all of the following data:
   (1) The number of orders or extensions applied for.
   (2) The kinds of orders or extensions applied for.
   (3) The fact that the order or extension was granted as applied
for, was modified, or was denied.
   (4) The number of wire or electronic communication devices that
are the subject of each order granted.
   (5) The period of interceptions authorized by the order, and the
number and duration of any extensions of the order.
   (6) The offense specified in the order or application, or
extension of an order.
   (7) The identity of the applying law enforcement officer and
agency making the application and the person authorizing the
application.
   (8) The nature of the facilities from which or the place where
communications were to be intercepted.
   (9) A general description of the interceptions made under the
order or extension, including (A) the number of persons whose
communications were intercepted, (B) the number of communications
intercepted, (C) the percentage of incriminating communications
intercepted and the percentage of other communications intercepted,
and (D) the approximate nature, amount, and cost of the manpower and
other resources used in the interceptions.
   (10) The number of arrests resulting from interceptions made under
the order or extension, and the offenses for which arrests were
made.
   (11) The number of trials resulting from the interceptions.
   (12) The number of motions to suppress made with respect to the
interceptions, and the number granted or denied.
   (13) The number of convictions resulting from the interceptions
and the offenses for which the convictions were obtained and a
general assessment of the importance of the interceptions.
   (14) Except with regard to the initial report required by this
section, the information required by paragraphs (9) to (13),
inclusive, with respect to orders or extensions obtained in a
preceding calendar year.
   (15) The date of the order for service of inventory made pursuant
to Section 629.68, confirmation of compliance with the order, and the
number of notices sent.
   (16) Other data that the Legislature, the Judicial Council, or the
Director of the Administrative Office shall require.
   (c) The annual report shall be filed no later than April of each
year, and shall also include a summary analysis of the data reported
pursuant to subdivision (b). The Attorney General may issue
regulations prescribing the content and form of the reports required
to be filed pursuant to this section by any prosecutorial agency
seeking an order to intercept wire or electronic communications.
   (d) The Attorney General shall, upon the request of an individual
making an application, provide any information known to him or her as
a result of these reporting requirements that would enable the
individual making an application to comply with paragraph (6) of
subdivision (a) of Section 629.50.
  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,
2015, and as of that date is repealed.
  SEC. 3.  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.