SB 298, as introduced, Block. Money laundering: interception of electronic communications.
Existing law, until January 1, 2020, requires an application for an order authorizing the interception of a wire, oral, or other specified electronic communication to be made in writing upon the personal oath or affirmation of the Attorney General, Chief Deputy Attorney General, or Chief Assistant Attorney General, Criminal Law Division, or of a district attorney. Existing law, until January 1, 2020, authorizes the court to issue an order authorizing interception of those communications if the judge finds, among other things, that there is probable cause to believe that an individual is committing, has committed, or is about to commit, one of several offenses, including, among others, possession for sale of certain controlled substances, murder, and certain felonies involving destructive devices.
This bill would add money laundering to the list of offenses for which interception of electronic communication may be ordered pursuant to those provisions if certain requirements are met, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 629.52 of the Penal Code is amended to
2read:
Upon application made under Section 629.50, the judge
4may enter an ex parte order, as requested or modified, authorizing
5interception of wire or electronic communications initially
6intercepted within the territorial jurisdiction of the court in which
7the judge is sitting, if the judge determines, on the basis of the
8facts submitted by the applicant, all of the following:
9(a) There is probable cause to believe that an individual is
10committing, has committed, or is about to commit, one of the
11following offenses:
12(1) Importation, possession for sale, transportation, manufacture,
13or sale of controlled substances in violation of Section 11351,
1411351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or
1511379.6 of the Health and
Safety Code with respect to a substance
16containing heroin, cocaine, PCP, methamphetamine, or their
17precursors or analogs where the substance exceeds 10 gallons by
18liquid volume or three pounds of solid substance by weight.
19(2) Murder, solicitation to commit murder, a violation of Section
20209, or the commission of a felony involving a destructive device
21in violation of Section 18710, 18715, 18720, 18725, 18730, 18740,
2218745, 18750, or 18755.
23(3) A violation of Section 186.10, if committed for the benefit
24of, at the direction of, or in association with, an ongoing
25organization, association, or group of three or more persons,
26whether formal or informal, who collectively engage in or have
27engaged in a pattern of criminal profiteering activity, as defined
28in Section 186.2, and if the value of the
transaction or transactions
29exceed fifty thousand dollars ($50,000).
30(3)
end delete31begin insert(4)end insert Any felony violation of Section 186.22.
32(4)
end delete
33begin insert(5)end insert Any felony violation of Section 11418, relating to weapons
34of mass destruction, Section 11418.5, relating to threats to use
35weapons of mass destruction, or Section 11419, relating to
36
restricted biological agents.
37(5)
end delete38begin insert(6)end insert Any violation of Section 236.1.
P3 1(6)
end delete
2begin insert(7)end insert An attempt or conspiracy to commit any of the
3above-mentioned crimes.
4(b) There is probable cause to believe that particular
5communications concerning the illegal activities will be obtained
6through
that interception, including, but not limited to,
7communications that may be utilized for locating or rescuing a
8kidnap victim.
9(c) There is probable cause to believe that the facilities from
10which, or the place where, the wire or electronic communications
11are to be intercepted are being used, or are about to be used, in
12connection with the commission of the offense, or are leased to,
13listed in the name of, or commonly used by the person whose
14communications are to be intercepted.
15(d) Normal investigative procedures have been tried and have
16failed or reasonably appear either to be unlikely to succeed if tried
17or to be too dangerous.
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