Amended in Assembly August 18, 2014

Senate BillNo. 955

Introduced by Senators Mitchell and Lieu

(Principal coauthors: Senators Hill and Huff)

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(Principal coauthor: Assembly Member Holden)

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(Coauthor: Assembly Member Eggman)

February 6, 2014

An act to amendbegin delete Sections 629.52 and 629.98end deletebegin insert Section 629.52end insert of the Penal Code, relating to interception of electronic communications.


SB 955, as amended, 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, onebegin insert ofend insert 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.begin delete The bill would extend the operation of the provisions described above until January 1, 2020.end delete

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

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

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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.

28(5) Any violation of Section 236.1.

29(6) An attempt or conspiracy to commit any of the
30above-mentioned crimes.

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

P3    1(c) There is probable cause to believe that the facilities from
2which, or the place where, the wire or electronic communications
3are to be intercepted are being used, or are about to be used, in
4connection with the commission of the offense, or are leased to,
5listed in the name of, or commonly used by the person whose
6communications are to be intercepted.

7(d) Normal investigative procedures have been tried and have
8failed or reasonably appear either to be unlikely to succeed if tried
9or to be too dangerous.

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SEC. 2.  

Section 629.98 of the Penal Code is amended to read:



This chapter shall remain in effect only until January
121, 2020, and as of that date is repealed, unless a later enacted
13statute, that is enacted before January 1, 2020, deletes or extends
14that date.

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