BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 61|
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THIRD READING
Bill No: SB 61
Author: Pavley (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 3/22/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SUBJECT : Wiretapping: authorization
SOURCE : Los Angeles County District Attorney
DIGEST : This bill extends the sunset provision on the
law that authorizes wiretaps by law enforcement under
specified circumstances from January 1, 2012 to January 1,
2015.
ANALYSIS : Existing law authorizes the Attorney General,
chief deputy attorney general, chief assistant attorney
general, district attorney or the district attorney's
designee to apply to the presiding judge of the superior
court for an order authorizing the interception of wire or
electronic communications under specified circumstances.
(Penal Code Sections 629.50 et. seq.)
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Existing law provides that the provisions governing wiretap
sunsets on January 1, 2012. (Penal Code Section 629.98.)
This bill extends that sunset to January 1, 2015.
Department of Justice's 2006 Legislative Report
The 2009 Attorney General "Annual Report on Electronic
Interceptions" indicates that the total number of
electronic interceptions decreased in California in 2009 to
601, from 622 in 2008, and 712 in 2007. The number of
murder arrests resulting from electronic interceptions,
however, significantly increased from 121 in 2008, to 207
in 2009.
Prior Legislation
SB 1428 (Pavley) - Chapter 707, Statutes of 2010
AB 569 (Portantino) - Chapter 307, Statutes of 2007
AB 74 (Washington) - Chapter 605, Statutes of 2002
Proposition 21 - approved March 7, 2000
SB 1016 (Boatwright) - Chapter 971, Statutes of 1995
SB 800 (Presley) - Chapter 548, Statutes of 1993
SB 1120 (Presley) - 1991, died in Senate Judiciary
Committee
SB 83 (Presley) - Chapter 1373, Statutes of 1988, amended
out in part and chaptered in part as SB 1499 (1988)
SB 1499 (Presley) - Chapter 111, Statutes of 1988
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Prison commitments Unknown; potentially
significant costs General
SUPPORT : (Verified 5/26/11)
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Los Angeles County District Attorney (source)
Association for Los Angeles Deputy Sheriffs
California District Attorneys Association
California Peace Officers' Association
California Police Chiefs Association
California State Sheriffs' Association
Riverside Sheriffs' Association
ARGUMENTS IN SUPPORT : According to the author:
"SB 61 is needed to ensure the continuation of the
California State Wiretap Statute which includes both
telephone and electronic communication technologies. The
current program sunsets on January 1, 2012. California
and federal law enforcement agencies and multi-agency
task forces have used the law with great success since
its enactment in 1989 to solve the most serious and
difficult crimes, such as organized crime and drug
trafficking, while maintain an emphasis on the protection
of individual privacy.
"Last year, Senator Pavley updated the state's wiretap
program to include the interception of communications by
e-mail, blackberry, instant messaging by phone and other
forms of contemporaneous two-way electronic
communication. The new law recognizes the expanding use
of electronic devices in the planning of criminal
activities and modernized our state's wiretap law so that
court-approved interceptions of communication from the
latest technologies are a relevant option for law
enforcement investigations.
"SB 61 extends the operation of California's wiretap law
until 2015 and ensures re-enactment of the statute,
including the technological updates that were approved
last year.
"In Los Angeles County it is estimated that 50-75 major
narcotic division cases (usually involving large seizures
and approximately 25-40 homicide cases are affected
annually by California's wiretap statute.)"
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RJG:kc 5/27/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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