BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1104


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          ASSEMBLY THIRD READING


          AB  
          1104 (Rodriguez)


          As Amended  April 23, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                 |Noes                 |
          |----------------+------+---------------------+---------------------|
          |Public Safety   |5-0   |Quirk, Melendez,     |                     |
          |                |      |Lackey, Low,         |                     |
          |                |      |Santiago             |                     |
           ------------------------------------------------------------------- 


          SUMMARY:  Clarifies in the Penal Code that a search warrant may be  
          issued when the property or things to be seized are controlled  
          substances or any device, contrivance, instrument, or  
          paraphernalia used for unlawfully using or administering a  
          controlled substance, as provided in existing provisions of law in  
          the Health and Safety Code.
          EXISTING LAW:  


          1)Permits a search warrant to be issued for any of the following  
            grounds:
             a)   When the property subject to search was stolen or  
               embezzled;
             b)   When property or things were used as the means to commit a  
               felony;










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             c)   When the property or things are in the possession of any  
               person with the intent to use them as a means of committing a  
               public offense, or in the possession of another to whom he or  
               she may have delivered them for the purpose of concealing  
               them or preventing them from being discovered;


             d)   When the property or things to be seized consist of any  
               item or constitute any evidence that tends to show a felony  
               has been committed, or tends to show that a particular person  
               has committed a felony;


             e)   When the property or things to be seized consist of  
               evidence that tends to show that sexual exploitation of a  
               child or possession of matter depicting sexual conduct of a  
               person under the age of 18 years has occurred or is  
               occurring;


             f)   When there is a warrant to arrest a person;


             g)   When a provider of electronic communication service or  
               remote computing service has records or evidence, as  
               specified, showing that property was stolen or embezzled  
               constituting a misdemeanor, or that property or things are in  
               the possession of any person with the intent to use them as a  
               means of committing a misdemeanor public offense, or in the  
               possession of another to whom he or she may have delivered  
               them for the purpose of concealing them or preventing their  
               discovery;


             h)   When the property or things to be seized include an item  
               or any evidence that tends to show a violation of a specified  
               section of the Labor Code, or tends to show that a particular  
               person has violated that section;









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             i)   When the property or things to be seized include a firearm  
               or any other deadly weapon at the scene of, or at the  
               premises occupied by or under the control of the person  
               arrested in connection with, a domestic violence incident  
               involving a threat to human life or a physical assault as  
               specified;


             j)   When the property or things to be seized include a firearm  
               or any other deadly weapon that is owned by, or in the  
               possession of, or in the custody or control of, specified  
               persons;


             aa)  When the property or things to be seized include a firearm  
               that is owned by, or in the possession of, or in the custody  
               or control of, a person who is subject to the prohibitions  
               regarding firearms, as specified, if a prohibited firearm is  
               possessed, owned, in the custody of, or controlled by a  
               person against whom a specified protective order has been  
               issued, the person has been lawfully served with that order,  
               and the person has failed to relinquish the firearm as  
               required by law; 


             bb)  When the information to be received from the use of a  
               tracking device constitutes evidence that tends to show that  
               either a felony, a misdemeanor violation of the Fish and Game  
               Code, or a misdemeanor violation of the Public Resources Code  
               has been committed or is being committed, tends to show that  
               a particular person has committed a felony, a misdemeanor  
               violation of the Fish and Game Code, or a misdemeanor  
               violation of the Public Resources Code, or is committing a  
               felony, a misdemeanor violation of the Fish and Game Code, or  
               a misdemeanor violation of the Public Resources Code, or will  
               assist in locating an individual who has committed or is  
               committing a felony, a misdemeanor violation of the Fish and  
               Game Code, or a misdemeanor violation of the Public Resources  








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               Code;


             cc)  When a sample of the blood of a person constitutes  
               evidence that tends to show a violation of specified  
               provisions in the Vehicle Code relating to driving under the  
               influence offenses and the person from whom the sample is  
               being sought has refused an officer's request to submit to,  
               or has failed to complete, a blood test as specified; and,


             dd)  Beginning January 1, 2016, the property or things to be  
               seized are firearms or ammunition or both that are owned by,  
               in the possession of, or in the custody or control of a  
               person who is the subject of a gun violence restraining  
               order, as specified.  


          2)Requires a search warrant be to issued 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 the place to be searched. 
          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel. 


          COMMENTS:  According to the author, "AB 1104 simply seeks  
          clarification that a search warrant for controlled substances is  
          already authorized in the Health and Safety Code by referencing  
          such provision in Penal Code.  This bill does not attempt to  
          increase penalties or otherwise contravene the notions underlying  
          Proposition 47 [2014].  All existing state and federal  
          requirements regarding the issuance of search warrants would still  
          apply."




          Analysis Prepared by:                                               








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                          Stella Choe / PUB. S. / (916) 319-3744  FN:  
          0000217