BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                    SB 61|
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                                 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.)
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          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)

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          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.)"


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          RJG:kc  5/27/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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