BILL ANALYSIS Ó
AB 1924
Page 1
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1924 (Bigelow) - As Amended April 5, 2016
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| |Privacy and Consumer | |11 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill clarifies that law enforcement agencies have the
authority to seek and use and order for a pen register/trap and
trace-device, which are telephone surveillance devices used to
AB 1924
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record incoming and outgoing phone numbers, for up to 60 days
instead of 10 days, and provides for a suppression remedy as
well as reasonable compensation to private companies and
individuals that assist in those efforts.
FISCAL EFFECT:
Minor costs to the Department of Justice if the Attorney General
chooses to take civil action to compel any government entity to
suppress information obtained improperly.
COMMENTS:
Background/Purpose. 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
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evidence of a crime for a judge to authorize the use.
AB 929 (Chau), Chapter 202/2015, authorized California law
enforcement officers to apply for the installation of a pen
register and trap and trace device as well as an emergency oral
pen register and trap and trace device under state, not federal,
law.
SB 178 (Leno), Chapter 651/2015, created the California
Electronic Communications Privacy Act (CECPA), which generally
requires law enforcement entities to obtain a search warrant
before accessing data on an electronic device or from an online
service provider.
The ECPA requires law enforcement to seek a search warrant in
order to obtain a pen register; however, these warrants are
valid for 10 days, whereas pen register/trap and trap device
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orders are valid for 60 days under federal law and AB 929.
This bill is intended to address a conflict between recently
amended statutes that interfere with law enforcement agencies'
ability to seek a 60-day pen register/trap and trace-device.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081