California 2009-2010 Regular Session Status: Enacted

AB 2505 — Warrants: electronic signature: computer server transmission.

Last action — Chaptered by Secretary of State - Chapter 98, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law establishes various grounds for the issuance of a search warrant. Existing law 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. Under existing law, a magistrate may examine a person seeking a warrant under oath and is required to take a signed affidavit or affidavits. Under existing law, an oath may be made to a magistrate using a telephone and facsimile transmission equipment or by using a telephone and electronic mail and the affiant may sign the affidavit using a digital signature. Existing law requires the magistrate to cause the warrant, supporting affidavit, and attachments to be printed if received by electronic mail, and to return them to the court to be open to the public once the warrant is executed and returned. Existing law also provides that a magistrate may authorize a "duplicate original" for a remote affiant which, after its execution, is also required to be returned. This bill would allow an oath to be made using, in addition, a telephone and computer server, and would allow the affiant's signature to be in the form of an electronic signature. This bill would delete the requirement that the magistrate cause the warrant, supporting affidavit, and attachments to be printed if received by electronic mail or computer server, and would, in cases with fax, electronic mail, or server affidavits, delete the requirement that the magistrate return the printed documents to the court, leaving only the "duplicate original" to be returned by the remote affiant. This bill would allow the magistrate to sign the warrant using a digital signature or electronic signature if electronic mail or computer server is used.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 98, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 10:30 a.m.

  4. In Assembly. To enrollment.

  5. Read third time, passed, and to Assembly. (Ayes 32. Noes 0. Page 4100.)

  6. Ordered to Special Consent Calendar.

  7. Read second time. To third reading.

  8. From committee: Do pass. (Ayes 7. Noes 0.) (June 15).

  9. Referred to Com. on PUB. S.

  10. In Senate. Read first time. To Com. on RLS. for assignment.

  11. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 4941.)

  12. Read second time. To Consent Calendar.

  13. From committee: Do pass. To Consent Calendar. (April 20).

  14. Re-referred to Com. on PUB. S.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  16. Referred to Com. on PUB. S.

  17. Read first time.

  18. From printer. May be heard in committee March 23.

  19. Introduced. To print.

Sponsors

  • Audra Strickland · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Audra Strickland

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Special Consent #28 AB2505 Audra Strickland

Passed 33 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 30007
Democratic 2000
Republican 1000
Total 33007
% of votes cast 83%0%0%18%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Cedillo — Yea
Florez — Not Voting
Hancock — Yea
Harman — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Yea
Huff — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Alquist — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Simitian — Yea
Walters — Yea
Wolk — Yea
Aanestad — Yea
Ashburn — Yea
Kehoe — Not Voting
Leno — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Wright — Yea
Cogdill — Yea
Corbett — Yea
Emmerson — Yea
Correa — Not Voting
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Huff — Yea
Leno — Yea
Steinberg — Yea
Wright — Yea

Official roll call →

AB 2505 STRICKLAND Consent Calendar Second Day

Passed 85 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Republican 2001
Democratic 2001
Total 85006
% of votes cast 93%0%0%7%
How each member voted (91)
Member Party Vote
Hagman — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Bonnie — Not Voting
Lowenthal — Not Voting
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Bass — Not Voting
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Not Voting
Tran — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Galgiani — Yea
Garrick — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Ruskin — Yea
Skinner — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hagman — Yea
Hill — Yea
Portantino — Yea
Beall — Yea
Ammiano — Yea
Skinner — Yea
Gilmore — Yea

Official roll call →

Subjects

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2505 do?
Existing law establishes various grounds for the issuance of a search warrant. Existing law 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. Under existing law, a magistrate may examine a person seeking a warrant under oath and is required to take a signed affidavit or affidavits. Under existing law, an oath may be made to a magistrate using a telephone and facsimile transmission equipment or by using a telephone and electronic mail and the affiant may sign the affidavit using a digital signature. Existing law requires the magistrate to cause the warrant, supporting affidavit, and attachments to be printed if received by electronic mail, and to return them to the court to be open to the public once the warrant is executed and returned. Existing law also provides that a magistrate may authorize a "duplicate original" for a remote affiant which, after its execution, is also required to be returned. This bill would allow an oath to be made using, in addition, a telephone and computer server, and would allow the affiant's signature to be in the form of an electronic signature. This bill would delete the requirement that the magistrate cause the warrant, supporting affidavit, and attachments to be printed if received by electronic mail or computer server, and would, in cases with fax, electronic mail, or server affidavits, delete the requirement that the magistrate return the printed documents to the court, leaving only the "duplicate original" to be returned by the remote affiant. This bill would allow the magistrate to sign the warrant using a digital signature or electronic signature if electronic mail or computer server is used.
Who sponsors AB 2505?
AB 2505 is sponsored by Audra Strickland.
What is the current status of AB 2505?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2505?
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