California 2011-2012 Regular Session Status: To Executive

SB 1434 — Location information: warrants.

Last action — In Senate. Consideration of Governor's veto pending.

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

This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes a court or magistrate to issue a warrant for the search of a place and the seizure of property or things identified in the warrant where there is probable cause to believe that specified grounds exist. Existing law also provides for a warrant procedure for the acquisition of stored communications in the possession of a provider of electronic communication service or a remote computing service. This bill would prohibit a government entity, as defined, from obtaining the location information of an electronic device without a valid search warrant issued by a duly authorized magistrate unless certain exceptions apply, including in an emergency or when requested by the owner of the device. The bill would prohibit these provisions from creating a cause of action against any foreign or California corporation, its officers, employees, agents, or other persons, for providing location information. This bill would, with certain exceptions, prohibit the use of information obtained in violation of these provisions in a civil or administrative hearing.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 33. Noes 3. Page 4771.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 63. Noes 11. Page 6146.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 6. Noes 0.) (July 3).

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  11. Set, second hearing. Hearing canceled at the request of author.

  12. Set, first hearing. Hearing canceled at the request of author.

  13. Referred to Com. on PUB. S.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 30. Noes 6. Page 3699.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. Ordered to second reading.

  18. Read third time and amended.

  19. Read second time and amended. Ordered to third reading.

  20. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3313.) (April 24).

  21. Set for hearing April 24.

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

  23. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  24. Referred to Com. on RLS.

  25. Read first time.

  26. From printer. May be acted upon on or after March 27.

  27. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Leno · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Leno

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

Unfinished Business SB1434 Leno Concurrence

Passed 33 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 30304
Republican 1000
Democratic 2000
Total 33304
% of votes cast 83%8%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Lowenthal — Yea
Cannella — Yea
Negrete McLeod — Yea
Evans — Yea
Fuller — Nay
Rubio — Yea
De León — Not Voting
Runner — Not Voting
Harman — Not Voting
Huff — Nay
Leno — Yea
Anderson — Yea
Blakeslee — Not Voting
Dutton — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Wolk — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 1434 Leno Senate Third Reading By HAGMAN

Passed 63 Yea · 11 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 601106
Democratic 1000
Total 631106
% of votes cast 79%14%0%8%
How each member voted (80)
Member Party Vote
Hall — Not Voting
Yamada — Yea
Fuentes — Yea
Furutani — Yea
Campos — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Fletcher — Yea
Gatto — Yea
Gordon — Yea
Chesbro — Yea
Gorell — Nay
Bonilla — Yea
Atkins — Yea
Hagman — Yea
Halderman — Nay
Hayashi — Yea
Beall — Yea
Conway — Nay
Hill — Yea
Cook — Nay
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Hueso — Yea
Huffman — Yea
Knight — Yea
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Morrell — Nay
Nielsen — Yea
Olsen — Nay
Pan — Not Voting
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Feuer — Yea
Butler — Yea
Carter — Yea
Cedillo — Yea
Mansoor — Yea
Fong — Yea
Allen — Yea
Alejo — Yea
Williams — Yea
Portantino — Not Voting
Achadjian — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Ma — Yea
Monning — Yea
Nestande — Not Voting
Norby — Yea
Perea — Yea
Smyth — Yea
Torres — Yea
Wieckowski — Yea
Eng — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 6 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Total 6000
% of votes cast 100%0%0%0%
How each member voted (6)
Member Party Vote
Cedillo — Yea
Hagman — Yea
Mitchell — Yea
Knight — Yea
Ammiano — Yea
Skinner — Yea

Official roll call →

3rd Reading

Passed 30 Yea · 6 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 29503
Democratic 1100
Republican 0001
Total 30604
% of votes cast 75%15%0%10%
How each member voted (40)
Member Party Vote
Hancock — Yea
Yee — Yea
Cannella — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Dutton — Yea
Anderson — Yea
Lieu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wyland — Nay
Runner — Not Voting
Harman — Nay
Huff — Nay
Alquist — Yea
Blakeslee — Nay
Hernandez — Not Voting
Kehoe — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Vargas — Yea
Wright — Yea
Corbett — Yea
Emmerson — Not Voting
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 0100
Unaffiliated 5100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hancock — Yea
Anderson — Yea
Liu — Yea
Price — Yea
Steinberg — Yea
Harman — Nay
Calderon, Lisa Democratic Nay

Official roll call →

Subjects

civil-rights 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 SB 1434 do?
Existing law authorizes a court or magistrate to issue a warrant for the search of a place and the seizure of property or things identified in the warrant where there is probable cause to believe that specified grounds exist. Existing law also provides for a warrant procedure for the acquisition of stored communications in the possession of a provider of electronic communication service or a remote computing service. This bill would prohibit a government entity, as defined, from obtaining the location information of an electronic device without a valid search warrant issued by a duly authorized magistrate unless certain exceptions apply, including in an emergency or when requested by the owner of the device. The bill would prohibit these provisions from creating a cause of action against any foreign or California corporation, its officers, employees, agents, or other persons, for providing location information. This bill would, with certain exceptions, prohibit the use of information obtained in violation of these provisions in a civil or administrative hearing.
Who sponsors SB 1434?
SB 1434 is sponsored by Leno.
What is the current status of SB 1434?
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1434?
Track SB 1434 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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