BILL ANALYSIS Ó
AB 1104
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ASSEMBLY THIRD READING
AB
1104 (Rodriguez)
As Amended April 23, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+---------------------+---------------------|
|Public Safety |5-0 |Quirk, Melendez, | |
| | |Lackey, Low, | |
| | |Santiago | |
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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;
AB 1104
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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:
AB 1104
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Stella Choe / PUB. S. / (916) 319-3744 FN:
0000217