BILL ANALYSIS Ó
AB 929
Page 1
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
929 (Chau) - As AmendedApril 15, 2015
-----------------------------------------------------------------
|Policy |Public Safety |Vote:|7 - 0 |
|Committee: | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | Privacy and Consumer | | 11 - 0 |
| |Protection | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
-----------------------------------------------------------------
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
AB 929
Page 2
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
AB 929
Page 3
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
AB 929
Page 4
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.
AB 929
Page 5
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081