BILL ANALYSIS Ó
AB 1104
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1104 (Rodriguez)
As Amended June 23, 2015
Majority vote
--------------------------------------------------------------------
|ASSEMBLY: |76-0 |(April 30, |SENATE: |38-0 |(June 25, 2015) |
| | |2015) | | | |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
Original Committee Reference: PUB. S.
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.
The Senate amendments add double-joining language to AB 539
(Levine) of the current legislative session.
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
AB 1104
Page 2
embezzled;
b) When property or things were used as the means to commit
a felony;
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
AB 1104
Page 3
a particular person has violated that section;
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 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 Code;
AB 1104
Page 4
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 to be 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.
AS PASSED BY THE ASSEMBLY, this bill clarified 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.
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 of 2014. All existing state and
federal requirements regarding the issuance of search warrants
would still apply."
AB 1104
Page 5
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0001081