BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1004
          Author:   Gray (D)
          Amended:  5/15/13 in Assembly
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 6/18/13
          AYES:  Hancock, Block, De León, Knight, Liu, Steinberg
          NO VOTE RECORDED:  Anderson

           ASSEMBLY FLOOR  :  74-0, 5/23/13 (Consent) - See last page for  
            vote


           SUBJECT  :    Criminal procedure

           SOURCE  :     Judicial Council of California


           DIGEST  :    This bill makes technological updates to procedures  
          related to the judicial issuance of an arrest warrant.

           ANALYSIS  :    

          Existing law:

          1. States that when a declaration of probable cause is made be a  
             peace officer of this state, the magistrate, if, and only if,  
             satisfied from the declaration that there exists probable  
             cause that the offense described in the declaration has been  
             committed and that the defendant described therein has  
             committed the offense, shall issue a warrant of probable  
             cause for the arrest of the defendant.  The declaration in  
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             support of the warrant of probable cause for arrest shall be  
             a sworn statement in writing.  

          2. Provides that in lieu of the written declaration, the  
             magistrate may take an oral statement under oath under either  
             of the following conditions: 

             A.    The oath shall be made under penalty of perjury and  
                recorded and transcribed.  The transcribed statement  
                shall be deemed to be the declaration for the purposes  
                of this section, the recording of the sworn oral  
                statement and the transcribed statement shall be  
                certified by the magistrate receiving it and shall be  
                filed with the clerk of the court.  In the alternative,  
                the sworn oral statement may be recorded by a certified  
                court reporter who shall certify the transcript of the  
                statement, after which the magistrate receiving it shall  
                certify the transcript which shall be filed with the  
                clerk of the court. 

             B.    The oath is made using telephone and facsimile  
                transmission equipment, or made using telephone and  
                electronic mail, under all of the following conditions: 

                (1)      The oath is made during a telephone  
                   conversation with the magistrate, after which the  
                   declarant shall sign his/her declaration in support  
                   of the warrant of probable cause for arrest.  The  
                   declarant's signature shall be in the form of a  
                   digital signature if electronic mail is used for  
                   transmission to the magistrate.  The proposed  
                   warrant and all supporting declarations and  
                   attachments shall then be transmitted to the  
                   magistrate utilizing facsimile transmission  
                   equipment or electronic mail. 

                (2)      The magistrate shall confirm with the  
                   declarant the receipt of the warrant and the  
                   supporting declarations and attachments.  The  
                   magistrate shall verify that all the pages sent  
                   have been received, that all pages are legible, and  
                   that the declarant's signature or, digital  
                   signature, is acknowledged as genuine. 


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                (3)      If the magistrate decides to issue the  
                   warrant, he/she shall: 

                    (a)          Cause the warrant, supporting  
                       affidavit, and attachments to be printed if  
                       received by electronic mail. 

                    (b)          Sign the warrant. 

                    (c)          Note on the warrant the exact date  
                       and time of the issuance of the warrant.

                    (d)          Indicate on the warrant that the  
                       oath of the declarant was administered orally  
                       over the telephone.  The completed warrant,  
                       as signed by the magistrate, shall be deemed  
                       to be the original warrant.  

          3. Requires the magistrate to transmit via facsimile  
             transmission equipment or via electronic mail, the signed  
             warrant to the declarant who shall telephonically acknowledge  
             its receipt.  The magistrate shall then telephonically  
             authorize the declarant to write the words "duplicate  
             original" on the copy of the completed warrant transmitted to  
             the declarant and this document shall be deemed to be a  
             duplicate original warrant.

          4. Provides that before issuing a warrant of probable cause for  
             arrest, the magistrate may examine under oath the person  
             seeking the warrant and any witness the person may produce,  
             take the written declaration of the person or witness, and  
             cause the person or witness to subscribe the declaration. 

          This bill:

          1  Allows an oath in support of a declaration of probable cause  
             for arrest to be made using a telephone and computer server. 

          2. Provides that the declarant's signature may be in the form of  
             an electronic signature. 

          3. Allows the magistrate to subsequently print the warrant,  
             supporting affidavit, and attachments if received by  
             electronic mail or computer server. 

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          4. Allows the magistrate to sign an arrest warrant using a  
             digital signature or electronic signature if electronic mail  
             or computer server is used for transmission to the  
             magistrate. 

          5. Authorizes a signed arrest warrant to be transmitted by a  
             computer server to the declarant.

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  6/19/13)

          Judicial Council of California (source)
          California District Attorneys Association

           ARGUMENTS IN SUPPORT  :    According to the author's office, while  
          AB 2505 (Strickland, Chapter 98, Statutes of 2010) authorized  
          magistrates to receive search warrants by computer server and to  
          sign search warrants digitally or electronically, it did not  
          similarly authorize the use of electronic signature for arrest  
          warrants even though obtaining original signatures faces similar  
          challenges.  Similar to the process for obtaining search  
          warrants prior to  AB 2505, the existing process for obtaining  
          an arrest warrant is a lengthy process of approving, signing,  
          and returning a warrant to the court that can be fraught with  
          technical and hardware challenges such as jammed printers or  
          exhausting an ink cartridge in the middle of the night.  Also,  
          even though existing law permits law enforcement to submit an  
          arrest warrant via email, law enforcement must still travel to  
          court, or if after hours, to the home of a magistrate to obtain  
          a signature on an arrest warrant, thus wasting time and  
          incurring needless travel costs.

          The bill streamlines the process for obtaining signatures on  
          arrest warrants by amending Section 817 of the Penal Code to  
          permit arrest warrants to be submitted not only by e-mail, but  
          also by computer server, and would permit magistrates to sign  
          search warrants digitally or electronically.  By making the  
          process for obtaining magistrate signatures on arrest warrants  
          more efficient, this change will not only bring cost savings to  
          court, but also to cities and counties because law enforcement  
          will no longer be required to travel to court, or if outside of  

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          regular hours, to a magistrate's home to obtain a signature on  
          an arrest warrant.  Allowing affiants and magistrates to utilize  
          e-mail is a secure alternative method of transmission and  
          signing of arrest warrants that will give law enforcement the  
          flexibility and rapidity to more effectively respond to crime in  
          the modern world.

           ASSEMBLY FLOOR :  74-0, 5/23/13
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,  
            Gray, Hagman, Hall, Harkey, Roger Hernández, Jones-Sawyer,  
            Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel  
            Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John  
            A. Pérez
          NO VOTE RECORDED:  Grove, Holden, Jones, Waldron, Vacancy,  
            Vacancy


          JG:d  6/19/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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