AB 156, as amended, Holden. Human trafficking: interception of electronic communications.
(1) Existing law authorizes, until January 1, 2015, the Attorney General, or other specified prosecuting officers at the Department of Justice, or a district attorney, to apply for, and a judge to enter, an ex parte order authorizing interception of wire or electronic communications under certain circumstances. Existing law authorizes a judge to enter an order authorizing the interception of communications initially intercepted within the territorial jurisdiction of the court in which the judge is sitting, if the judge determines that, among other things, there is probable cause to believe that an individual is committing, has committed, or is about to commit one of specified felony offenses, including murder and the illegal possession or sale of controlled substances.
Existing law proscribes the crime of human trafficking, as defined to include, among other prohibited acts, depriving or violating the personal liberty of another with the intent to obtain forced labor or services or to effect or maintain a specified criminal offense, or inducing or persuading a minor to engage in a commercial sex act.
This bill would expand the provisions described above authorizing interception of wire or electronic communications to apply if a judge determines that, among other things, there is probable cause to believe that an individual is committing, has committed, or is about to commit a violation of the provision described above proscribing human trafficking.
(2) Existing law specifies obligations for parties applying for and carrying out orders to intercept communications pursuant to the provision described above, and makes a violation of these provisions a misdemeanor or felony.
This bill would broaden the types of communications to which these crimes would apply. By creating new crimes, 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 629.52 of the Penal Code is amended to read:
Upon application madebegin delete underend deletebegin insert pursuant toend insert Section 629.50, the judge may enter an ex parte order, as requested or modified, authorizing interception of wire or electronic communications initially intercepted within the territorial jurisdiction of the court in which the judge is sitting, if the judge determines, on the basis of the facts submitted by the applicant, all of the following:
(a) There is probable cause to believe that an individual is committing, has committed, or is about to commit, one of the following offenses:
(1) Importation, possession for sale, transportation, manufacture, or sale of controlled substances in violation of Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code with respect to a substance containing heroin, cocaine, PCP, methamphetamine, or their precursors or analogs where the substance exceeds 10 gallons by liquid volume or three pounds of solid substance by weight.
(2) Murder, solicitation to commit murder, a violation of Section 209, or the commission of a felony involving a destructive device in violation of Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755.
(3) Any felony violation of Section 186.22.
(4) Any felony violation of Section 11418, relating to weapons of mass destruction, Section 11418.5, relating to threats to use weapons of mass destruction, or Section 11419, relating to restricted biological agents.
(5) Any violation of Section 236.1, relating to human trafficking.
(6) An attempt or conspiracy to commit any of the above-mentioned crimes.
(b) There is probable cause to believe that particular communications concerning the illegal activities will be obtained through that interception, including, but not limited to, communications that may be utilized for locating or rescuing a kidnap victim.
(c) There is probable cause to believe that the facilities from which, or the place where, the wire or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by the person whose communications are to be intercepted.
(d) Normal investigative procedures have been tried and have failed or reasonably appear either to be unlikely to succeed if tried or to be too dangerous.
No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P4 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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