BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 929


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          Date of Hearing:   April 29, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          929 (Chau) - As AmendedApril 15, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill authorizes state and local law enforcement agencies to  
          seek an emergency order to use pen registers and trap and trace  








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          devices in telephone surveillance, if there is probable cause to  
          believe that their use will lead to evidence of a crime.   
          Specifically, this bill:  


          1)Prohibits a person from installing or using a pen register or  
            a trap and trace device without first obtaining a court order,  
            as specified.


          2)Defines "pen register" as a device or process that records or  
            decodes dialing, routing, addressing, or signaling information  
            transmitted by an instrument or facility from which a wire or  
            electronic communication is transmitted, but not the contents  
            of a communication.


          3)Defines "trap and trace device" as device or process that  
            captures the incoming electronic or other impulses that  
            identify the originating number or other dialing, routing,  
            addressing, or signaling information reasonably likely to  
            identify the source of a wire or electronic communication, but  
            not the contents of a communication.





          4)Provides that a violation of these provisions is punishable by  
            a fine not exceeding $2,500, and/or by imprisonment in county  
            jail not exceeding one year. 

          5)Specifies the offenses for which an order for installation of  
            a pen register or a trap and trace device may be granted.



          FISCAL EFFECT:
          Likely minor nonreimbursable costs for enforcement, offset to  








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          some extent by fine revenues. 


          COMMENTS:


          1)Author's Statement:  According to the author, "As technology  
            advances, criminals are becoming more and more sophisticated  
            in their use of technology to commit crimes and avoid law  
            enforcement.  As a result, law enforcement officials have a  
            variety of electronic tools to counter this and help them  
            apprehend criminals in this age of rapidly changing  
            technology. 



            "One of the tools available to law enforcement is called a  
            'pen register' which allows law enforcement officers to record  
            all outgoing numbers from a particular telephone line.  In  
            addition, another tool law enforcement uses is called a "trap  
            and trace device" which allows them to record what numbers  
            have called a specific telephone line, i.e. all incoming phone  
            numbers. Both pen registers and trap and trace devices do not  
            record audio or text messages and cannot be used to obtain  
            real-time location data on a cellular telephone. But these  
            tools are extremely useful for law enforcement in situations  
            such as gang and narcotic investigations." 





            "AB 929 would authorize state and local law enforcement  
            officers to use pen register and trap and trace devices,  
            including during emergency situations.  The bill will require  
            law enforcement officers to obtain a court order before using  
            such devices by providing a judge with information that the  
            use of information is relevant to an ongoing criminal  
            investigation, and that there is probable cause to believe  








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            that the pen register or trap and trace device will lead to  
            obtaining evidence of a crime." 





            "This higher standard of proof (probable cause vs. reasonable  
            suspicion) is more restrictive than under federal law and is  
            more consistent with California law governing search warrants.  
            The bill would prohibit the installation and use of the device  
            for longer than 60 days, but would permit an extension if  
            there is proof of continuing probable cause to a judge. "  

          2)General Background:  Federal law allows law enforcement  
            agencies to use pen register and trap and trace devices, but  
            they must obtain a court order from a judge prior to the  
            installation of the device. However, during an emergency  
            situation, law enforcement agencies may use these devices  
            without a court order if they obtain the court order within 48  
            hours of the use of the device.  Law enforcement agencies must  
            demonstrate that there is reasonable suspicion that the use of  
            the device is relevant to an ongoing criminal investigation  
            and will lead to obtaining evidence of a crime for a judge to  
            authorize the use. 



            Though federal law authorizes states and local law enforcement  
            officers to use pen register and trap and trace devices by  
            obtaining a court order first, it does not allow them to  
            obtain an emergency order unless there is a state statute  
            authorizing and creating a process for states and local law  
            enforcement officers to do so.  To date, California does not  
            have a state statute authorizing the use of pen registers or  
            trap and trace devices.  











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          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081