Amended in Assembly August 22, 2014

Senate BillNo. 1271


Introduced by Senator Leno

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(Coauthors: Senators Anderson, DeSaulnier, Gaines, and Steinberg)

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(Coauthor: Assembly Member Ammiano)

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February 21, 2014


An act tobegin delete amend Section 26004 of the Public Resources Code, relating to energy.end deletebegin insert add Section 1542.end insertbegin insert7 to the Penal Code, relating to search warrants.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1271, as amended, Leno. begin deleteEnergy: alternative energy and advanced transportation. end deletebegin insertSearch warrants: portable electronic devices.end insert

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Existing law prohibits a search warrant from being issued unless based upon probable cause supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and place to be searched. Existing case law generally prohibits arresting officers from searching the contents of a cellular telephone taken from a suspect during an arrest without a warrant.

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This bill would prohibit the search of information contained in a portable electronic device, as defined, by a law enforcement officer incident to a lawful custodial arrest except pursuant to a warrant issued by a duly authorized magistrate using established procedures.

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Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority consisting of 5 members and authorizes the authority to provide financial assistance to projects related to the utilization of alternative energy sources or advanced transportation technologies.

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This bill would add two additional members to the authority, one appointed by the Senate Committee on Rules and another appointed by the Speaker of the Assembly.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

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It is the intent of the Legislature, in enacting
2Section 1542.7 of the Penal Code, to further public policy, codify
3the decision in Riley v. California, 573 U.S. ___(2014), and
4implement the provisions of Sections 1 and 13 of Article 1 of the
5California Constitution and the Fourth Amendment of the United
6States Constitution.

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begin insertSEC. 2.end insert  

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begin insertSection 1542.7 is added to the end insertbegin insertPenal Codeend insertbegin insert, end insertimmediately
8following Section 1542begin insert, to read:end insert

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9

begin insert1542.7.end insert  

(a) The information contained in a portable electronic
10device is not subject to search by a law enforcement officer incident
11to a lawful custodial arrest except pursuant to a warrant issued
12by a duly authorized magistrate using the procedures established
13by this chapter.

14(b) As used in this section, “portable electronic device” means
15any portable device that is capable of creating, receiving,
16accessing, or storing electronic data or communications.

17(c) Except as provided in subdivision (a), nothing in this section
18curtails law enforcement reliance on other established exceptions
19to the warrant requirement.

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20

SECTION 1.  

Section 26004 of the Public Resources Code is
21amended to read:

22

26004.  

(a) There is in the state government the California
23Alternative Energy and Advanced Transportation Financing
24Authority. The authority constitutes a public instrumentality and
25the exercise by the authority of powers conferred by this division
26is the performance of an essential public function.

27(b) The authority shall consist of seven members, as follows:

28(1) The Director of Finance.

29(2) The Chairperson of the State Energy Resources Conservation
30and Development Commission.

31(3) The President of the Public Utilities Commission.

32(4) The Controller.

P3    1(5) The Treasurer, who shall serve as the chairperson of the
2authority.

3(6) One person appointed by the Senate Committee on Rules.

4(7) One person appointed by the Speaker of the Assembly.

5(c) The members listed in paragraphs (1) to (5), inclusive, of
6subdivision (b) may each designate a deputy or clerk in his or her
7agency to act for and represent the member at all meetings of the
8authority.

9(d) The first meeting of the authority shall be convened by the
10Treasurer.

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