BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 61| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 61 Author: Pavley (D) Amended: As introduced Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 3/22/11 AYES: Hancock, Anderson, Calderon, Harman, Liu, Price, Steinberg SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/26/11 AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price, Runner, Steinberg NO VOTE RECORDED: Emmerson SUBJECT : Wiretapping: authorization SOURCE : Los Angeles County District Attorney DIGEST : This bill extends the sunset provision on the law that authorizes wiretaps by law enforcement under specified circumstances from January 1, 2012 to January 1, 2015. ANALYSIS : Existing law authorizes the Attorney General, chief deputy attorney general, chief assistant attorney general, district attorney or the district attorney's designee to apply to the presiding judge of the superior court for an order authorizing the interception of wire or electronic communications under specified circumstances. (Penal Code Sections 629.50 et. seq.) CONTINUED SB 61 Page 2 Existing law provides that the provisions governing wiretap sunsets on January 1, 2012. (Penal Code Section 629.98.) This bill extends that sunset to January 1, 2015. Department of Justice's 2006 Legislative Report The 2009 Attorney General "Annual Report on Electronic Interceptions" indicates that the total number of electronic interceptions decreased in California in 2009 to 601, from 622 in 2008, and 712 in 2007. The number of murder arrests resulting from electronic interceptions, however, significantly increased from 121 in 2008, to 207 in 2009. Prior Legislation SB 1428 (Pavley) - Chapter 707, Statutes of 2010 AB 569 (Portantino) - Chapter 307, Statutes of 2007 AB 74 (Washington) - Chapter 605, Statutes of 2002 Proposition 21 - approved March 7, 2000 SB 1016 (Boatwright) - Chapter 971, Statutes of 1995 SB 800 (Presley) - Chapter 548, Statutes of 1993 SB 1120 (Presley) - 1991, died in Senate Judiciary Committee SB 83 (Presley) - Chapter 1373, Statutes of 1988, amended out in part and chaptered in part as SB 1499 (1988) SB 1499 (Presley) - Chapter 111, Statutes of 1988 FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund Prison commitments Unknown; potentially significant costs General SUPPORT : (Verified 5/26/11) CONTINUED SB 61 Page 3 Los Angeles County District Attorney (source) Association for Los Angeles Deputy Sheriffs California District Attorneys Association California Peace Officers' Association California Police Chiefs Association California State Sheriffs' Association Riverside Sheriffs' Association ARGUMENTS IN SUPPORT : According to the author: "SB 61 is needed to ensure the continuation of the California State Wiretap Statute which includes both telephone and electronic communication technologies. The current program sunsets on January 1, 2012. California and federal law enforcement agencies and multi-agency task forces have used the law with great success since its enactment in 1989 to solve the most serious and difficult crimes, such as organized crime and drug trafficking, while maintain an emphasis on the protection of individual privacy. "Last year, Senator Pavley updated the state's wiretap program to include the interception of communications by e-mail, blackberry, instant messaging by phone and other forms of contemporaneous two-way electronic communication. The new law recognizes the expanding use of electronic devices in the planning of criminal activities and modernized our state's wiretap law so that court-approved interceptions of communication from the latest technologies are a relevant option for law enforcement investigations. "SB 61 extends the operation of California's wiretap law until 2015 and ensures re-enactment of the statute, including the technological updates that were approved last year. "In Los Angeles County it is estimated that 50-75 major narcotic division cases (usually involving large seizures and approximately 25-40 homicide cases are affected annually by California's wiretap statute.)" CONTINUED SB 61 Page 4 RJG:kc 5/27/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED