BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 61
                                                                  Page  1

          Date of Hearing:   July 6, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                 SB 61 (Pavley) - As Introduced:  December 22, 2010 

          Policy Committee:                              Public Safety 
          Vote:        7-0 

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill extends the sunset date regulating state and local 
          government interception of electronic communications (wiretaps) 
          from January 1, 2012 until January 1, 2015. 
           
           FISCAL EFFECT  

          1)Potential for ongoing significant state costs potentially in 
            the millions of dollars, to the extent continuing current 
            authorization for wiretaps leads to an increase in state 
            prison commitments. (For example, according to the state 
            Department of Justice (DOJ), in California in 2010, 627 
            wiretaps were authorized in 19 counties, leading to 698 
            arrests and 192 convictions.)

          2)Major ongoing non-reimbursable local law enforcement costs as 
            a result of continuing wiretapping authorization, in the range 
            of $16 million, according to the self-reported personnel and 
            other resources costs from the counties reporting to DOJ in 
            2010. (Law enforcement costs related to extending wiretapping 
            statutes are presumably offset to a degree by related law 
            enforcement savings as a result of more efficient law 
            enforcement efforts.)  

          3)Potential ongoing state law enforcement costs to DOJ for its 
            wiretapping efforts, though DOJ did not note any state 
            wiretaps in its statutory electronic interceptions report. 

          4)Minor costs to DOJ, likely less than $50,000, for the detailed 
            annual report. 









                                                                  SB 61
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           COMMENTS 

           1)Rationale  . The author and proponents (the bill is sponsored by 
            the L.A. District Attorney's Office) contend that existing 
            wiretap statutes have enabled law enforcement agencies to 
            obtain wiretap authorization that has successfully contributed 
            to efforts to address the production and sale of controlled 
            substances and to investigate murder and criminal gang 
            activity statewide. 

           2)Current law  authorizes the A.G. or the district attorney to 
            apply to the Superior Court for an order authorizing 
            interception of a wire, electronic pager, or electronic 
            cellular phone communication under specified circumstances. 
            (Virtually all orders are for cell phones.)

            The crimes for which an interception order may be sought 
            include murder, solicitation to commit murder, bombing, use or 
            threat to use weapons of mass destruction, criminal gang 
            activity, and importation, possession for sale, 
            transportation, manufacture or sale of heroin, cocaine, PCP, 
            or methamphetamine. Written reports must be submitted at the 
            discretion of the court, but at least every 10 days, to the 
            judge who issues the order. 

           3)Suggested Technical Amendment  . The statutory report is quite 
            prescriptive and could be focused a bit more to help DOJ 
            provide the necessary information. For example, Penal Code 
            629.62 (b)(9)(A) and (B) - "the approximate nature and 
            frequency" of interceptions - appears vague and is somewhat 
            duplicative of other requirements.  

          4)Wiretap stats overview from DOJ's 2010 California Electronic 
            Interceptions Report:

            Counties reporting wiretaps in 2010:19

            Number of court orders sought:628

            Number granted:               627

            The six busiest counties:               L.A.:192
                                          San Bernardino:110
                                          Riverside:     75
                                        San Diego:                         








                                                                  SB 61
                                                                  Page  3

                                                                           
                                   74
                                        Orange:                            
                                                                      39
                                        Sacramento:    31

            Arrests:                      698
                 Murder    :              (52)
                 Narcotics:               (576)

            Convictions:                  190
                 Murder:             (0)
                 Narcotics                (190)

            Number of persons convicted:192

           5)Prior Legislation  . 
             
                SB 1016 (Boatwright), Statutes of 1995, established 
               California's wire intercept statute. The initial sunset 
               provision was Jan. 1, 1999. 

               SB 688 (Alaya), Statutes of 1997, extended the sunset to 
               Jan. 1, 2003. 

               AB 74 (Washington), Statutes of 2002, extended the 
               authority to Jan. 1, 2008. 

               AB 569 (Portantino), Statutes of 2007, extended the 
               authority to Jan. 1, 2012.


          Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081