Senate BillNo. 955

Introduced by Senators Mitchell and Lieu

(Principal coauthors: Senators Hill and Huff)

(Coauthor: Assembly Member Eggman)

February 6, 2014

An act to amend Sections 629.52 and 629.98 of the Penal Code, relating to interception of electronic communications.


SB 955, as introduced, Mitchell. Interception of electronic communications.

Existing law, until January 1, 2015, requires an application for an order authorizing the interception of a wire, oral, or other specified electronic communication to be made in writing upon the personal oath or affirmation of the Attorney General, Chief Deputy Attorney General, or Chief Assistant Attorney General, Criminal Law Division, or of a district attorney. Existing law, until January 1, 2015, authorizes the court to issue an order authorizing interception of those communications if the judge finds, among other things, that there is probable cause to believe that an individual is committing, has committed, or is about to commit, one several offenses, including, among others, possession for sale of certain controlled substances, murder, and certain felonies involving destructive devices.

This bill would add human trafficking to the list of offenses for which interception of electronic communications may be ordered pursuant to those provisions. The bill would extend the operation of the provisions described above until January 1, 2020.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1


Section 629.52 of the Penal Code is amended to



Upon application made under Section 629.50, the judge
4may enter an ex parte order, as requested or modified, authorizing
5interception of wire or electronic communications initially
6intercepted within the territorial jurisdiction of the court in which
7the judge is sitting, if the judge determines, on the basis of the
8facts submitted by the applicant, all of the following:

9(a) There is probable cause to believe that an individual is
10committing, has committed, or is about to commit, one of the
11following offenses:

12(1) Importation, possession for sale, transportation, manufacture,
13or sale of controlled substances in violation of Section 11351,
1411351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or
1511379.6 of the Health and Safety Code with respect to a substance
16containing heroin, cocaine, PCP, methamphetamine, or their
17precursors or analogs where the substance exceeds 10 gallons by
18liquid volume or three pounds of solid substance by weight.

19(2) Murder, solicitation to commit murder, a violation of Section
20209, or the commission of a felony involving a destructive device
21in violation of Section 18710, 18715, 18720, 18725, 18730, 18740,
2218745, 18750, or 18755.

23(3) Any felony violation of Section 186.22.

24(4) Any felony violation of Section 11418, relating to weapons
25of mass destruction, Section 11418.5, relating to threats to use
26weapons of mass destruction, or Section 11419, relating to
27restricted biological agents.

begin insert

28(5) Any violation of Section 236.1.

end insert
begin delete


end delete

30begin insert(6)end insert An attempt or conspiracy to commit any of the
31above-mentioned crimes.

32(b) There is probable cause to believe that particular
33communications concerning the illegal activities will be obtained
34through that interception, including, but not limited to,
35communications that may be utilized for locating or rescuing a
36kidnap victim.

37(c) There is probable cause to believe that the facilities from
38which, or the place where, the wire or electronic communications
P3    1are to be intercepted are being used, or are about to be used, in
2connection with the commission of the offense, or are leased to,
3listed in the name of, or commonly used by the person whose
4communications are to be intercepted.

5(d) Normal investigative procedures have been tried and have
6failed or reasonably appear either to be unlikely to succeed if tried
7or to be too dangerous.


SEC. 2.  

Section 629.98 of the Penal Code is amended to read:



This chapter shall remain in effect only until January
101,begin delete 2015end deletebegin insert 2020end insert, and as of that date is repealedbegin insert, unless a later enacted
11statute, that is enacted before January 1, 2020, deletes or extends
12that dateend insert