BILL ANALYSIS �
SB 955
Page 1
SENATE THIRD READING
SB 955 (Mitchell and Lieu)
As Amended August 18, 2014
Majority vote
SENATE VOTE :32-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
| | | | |
-----------------------------------------------------------------
SUMMARY : Authorizes the interception of wire or electronic
communications initially intercepted within the territorial
jurisdiction of the court where the judge is siting, if the
judge determines, on the basis of facts submitted, that there is
probable cause to believe that an individual is committing, has
committed, or is about to commit the offense of human
trafficking.
EXISTING LAW :
1)Authorizes the Attorney General (AG), chief deputy AG, chief
assistant AG, 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, electronic
digital pager, or electronic cellular telephone communications
under specified circumstances.
2)Defines "wire communication, electronic pager communication,"
"electronic cellular communication," and "aural transfer" for
the purposes of wiretaps.
3)Defines "aural transfer" as a transfer containing the human
voice at any point between and including the point of origin
and the point of reception.
SB 955
Page 2
4)Specifies the crimes for which an interception order may be
sought: murder; kidnapping; bombing; criminal gangs; and
possession for sale, sale, transportation; or manufacturing of
more than three pounds of cocaine, heroin, phencyclidine
(PCP), methamphetamine or its precursors; possession of a
destructive device, weapons of mass destruction or restricted
biological agents.
5)Provides that the court may grant oral approval for an
emergency interception of wire, electronic pager or electronic
cellular telephone communications without an order as
specified. Approval for an oral interception shall be
conditioned upon filing with the court, within 48 hours of the
oral approval, a written application for an order. Approval
of the ex parte order shall be conditioned upon filing with
the judge within 48 hours of the oral approval.
6)Provides that no order entered under this chapter shall
authorize the interception of any wire, electronic pager or
electronic cellular telephone or electronic communication for
any period loner than is necessary to achieve the objective of
the authorization, nor in any event longer than 30 days.
7)Requires that written reports showing what progress has been
made toward the achievement of the authorized objective,
including the number of intercepted communications, be
submitted at least every six days to the judge who issued the
order allowing the interception.
8)Provides that whenever an order authorizing an interception is
entered the order shall require a report be made to the AG
showing what persons, facilities, or places are to be
intercepted pursuant to the application, and the action taken
by the judge on each of these applications.
9)Requires the AG to prepare and submit an annual report to the
Legislature, the Judicial Council and the Director of the
Administrative Office of the United States Court on
interceptions conducted under the authority of the wiretap
provisions and specifies what the report shall include.
10)Provides that applications made and orders granted shall be
sealed by the judge. Custody of the applications and orders
SB 955
Page 3
shall be where the judge orders. The applications and orders
shall be disclosed only upon a showing of good cause before a
judge and shall not be destroyed except on order of the
issuing or denying judge, and in any event shall be kept for
10 years.
11)Provides that a defendant shall be notified that he or she
was identified as the result of an interception prior to the
entry of a plea of guilty or nolo contendere, or at least 10
days, prior to any trial, hearing or proceedings in the case
other than an arraignment or grand jury proceeding. Within 10
days prior to trial, hearing or proceeding the prosecution
shall provide to the defendant a copy of all recorded
interceptions from which evidence against the defendant was
derived, including a copy of the court order, accompanying
application and monitory logs.
12)Provides that any person may move to suppress intercepted
communications on the basis that the contents or evidence were
obtained in violation of the Fourth Amendment to the United
States Constitution or of California electronic surveillance
provisions.
13)Provides that the AG, any deputy attorney general, district
attorney or deputy district attorney or any peace officer who,
by any means authorized by this chapter has obtained knowledge
of the contents of any wire, electronic pager, or electronic
cellular telephone communication or evidence derived there
from, may disclose the contents to one of the individuals
referred to in this section and to any investigative or law
enforcement officer as defined in Title 18 of the United State
Code Section 2510(7) to the extent that the disclosure is
permitted pursuant to Penal Code Section 629.82 and is
appropriate to the proper performance of the official duties
of the individual making or receiving the disclosure. No
other disclosure, except to a grand jury, of intercepted
information is permitted prior to a public court hearing by
any person regardless of how the person may have come into
possession thereof.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, moderate state General Fund (GF) costs, potentially
in the range of $1 million, to the extent expanding current
authorization for wiretaps leads to an increase in state prison
SB 955
Page 4
commitments for human trafficking. Over the past three years,
45 persons have been committed to state prison under the human
trafficking section. If this bill is effective and results in
just two additional commitments, the annual GF cost would be in
the range of $1 million in eight years, assuming an average term
of eight years at current per capita prison costs.
COMMENTS : According to the author, "The voters of California
and several local governments have challenged California to
better prosecute perpetrators of human trafficking and provide
assistance to victims of human trafficking. SB 955 will mirror
federal law by allowing a court to issue a wiretap order on the
basis of human trafficking."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0004815