California 2011-2012 Regular Session Status: Enacted

AB 2055 — Search warrants: tracking devices.

Last action — Chaptered by Secretary of State - Chapter 818, Statutes of 2012.

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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 23, 2012. 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 5 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 prohibits, with exceptions, the use of an electronic tracking device to determine the location or movement of a person. Under existing law a violation of these provisions is a misdemeanor. Existing law states that these provisions do not apply to the lawful use of an electronic tracking device by a law enforcement agency. Existing decisional law, in the case of U.S. v. Jones, holds that the attachment of a Global Positioning System (GPS) tracking device to a vehicle and the use of the device to track the vehicle is a search within the meaning of the Fourth Amendment to the United States Constitution. Existing law states the grounds upon which a search warrant may be issued, including when the property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony. This bill would allow a search warrant to be issued when the information to be received from the use of a tracking device constitutes evidence that tends to show that either a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code has been committed or is being committed, tends to show that a particular person has committed that act or is committing that act, or will assist in locating an individual that has committed or is committing that act. The bill would state that these provisions shall not be construed as creating a cause of action against any foreign or California corporation for providing location information. The bill would require that a tracking device search warrant issued pursuant to these provisions identify the person or property to be tracked, and specify a reasonable time that the device may be used, not to exceed 30 days, plus extensions, as provided. The bill would require that the warrant be executed within 10 days, as provided.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 818, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6545.).

  5. Assembly Rule 77 suspended. (Page 6488.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4886.).

  8. Read second time. Ordered to third reading.

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

  10. Ordered to third reading.

  11. From consent calendar.

  12. Ordered to special consent calendar.

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

  14. From committee: Do pass as amended. (Ayes 7. Noes 0.) (July 3).

  15. Referred to Com. on PUB. S.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 4674.)

  18. Read second time. Ordered to consent calendar.

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

  20. From committee: Do pass as amended. To consent calendar. (Ayes 6. Noes 0.) (April 17).

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

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

  23. Referred to Com. on PUB. S.

  24. From printer. May be heard in committee March 25.

  25. Read first time. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Fuentes

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

AB 2055 FUENTES Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 76001
Democratic 1000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Hagman — Yea
Atkins — Yea
Hill — Yea
Huber — Yea
Hueso — Yea
Miller — Yea
Alejo — Yea
Cook — Yea
Dickinson — Yea
Donnelly — Yea
Jeffries — Yea
Knight — Yea
Butler — Yea
Carter — Yea
John A. Pérez — Yea
Mitchell — Yea
Pan — Yea
Chesbro — Yea
Perea — Yea
Wagner — Yea
Yamada — Yea
Eng — Yea
Fuentes — Yea
Portantino — Yea
Halderman — Yea
Mendoza — Yea
Campos — Yea
Ammiano — Yea
Cedillo — Yea
Furutani — Yea
Galgiani — Yea
Gordon — Yea
Gorell — Yea
Skinner — Yea
Valadao — Yea
Wieckowski — Yea
Hall — Yea
Allen — Yea
Harkey — Yea
Hayashi — Yea
Bonilla — Yea
Huffman — Yea
Fong — Yea
Fletcher — Yea
Conway — Yea
Monning — Yea
Lara — Yea
Ma — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Achadjian — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Logue — Yea
Mansoor — Yea
Olsen — Yea
Silva — Yea
Torres — Yea
Williams — Yea
Feuer — Yea
Davis — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
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 →

3rd Reading AB2055 Fuentes By Padilla

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 2000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Cannella — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Hancock — Yea
Runner — Not Voting
Dutton — Yea
Harman — Yea
Huff — Yea
Anderson — Yea
Blakeslee — Yea
Leno — Yea
Lieu — Not Voting
Pavley — Not Voting
Price — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Kehoe — Yea
Liu — Yea
Simitian — Yea
Vargas — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — 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 →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hancock — Yea
Liu — Yea
Price — Yea
Steinberg — Yea
Anderson — Yea
Harman — Yea
Calderon, Lisa Democratic Yea

Official roll call →

AB 2055 FUENTES Consent Calendar Second Day

Passed 72 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 70007
Republican 1001
Democratic 1000
Total 72008
% of votes cast 90%0%0%10%
How each member voted (80)
Member Party Vote
Fuentes — Yea
Butler — Yea
Gatto — Yea
Gorell — Yea
Hagman — Yea
Fong — Yea
Carter — Yea
Allen — Yea
Hill — Yea
Huffman — Yea
Cedillo — Yea
Ammiano — Yea
Conway — Yea
Cook — Yea
Olsen — Yea
Skinner — Yea
Swanson — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Yamada — Yea
Furutani — Not Voting
Campos — Yea
Atkins — Yea
Gordon — Yea
Fletcher — Not Voting
Bonilla — Not Voting
Halderman — Yea
Hall — Not Voting
Harkey — Yea
Block — Yea
Chesbro — Yea
Davis — Yea
Donnelly — Yea
Jeffries — Yea
Knight — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Smyth — Not Voting
Torres — Yea
Valadao — Yea
Williams — Not Voting
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Hueso — Yea
Lara — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Perea — Yea
Solorio — Yea
Wagner — Yea
Wieckowski — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended, to Consent Calendar.

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
Mitchell — Yea
Hagman — Yea
Knight — Yea
Cedillo — Yea
Skinner — Yea
Ammiano — 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 2055 do?
Existing law prohibits, with exceptions, the use of an electronic tracking device to determine the location or movement of a person. Under existing law a violation of these provisions is a misdemeanor. Existing law states that these provisions do not apply to the lawful use of an electronic tracking device by a law enforcement agency. Existing decisional law, in the case of U.S. v. Jones, holds that the attachment of a Global Positioning System (GPS) tracking device to a vehicle and the use of the device to track the vehicle is a search within the meaning of the Fourth Amendment to the United States Constitution. Existing law states the grounds upon which a search warrant may be issued, including when the property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony. This bill would allow a search warrant to be issued when the information to be received from the use of a tracking device constitutes evidence that tends to show that either a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code has been committed or is being committed, tends to show that a particular person has committed that act or is committing that act, or will assist in locating an individual that has committed or is committing that act. The bill would state that these provisions shall not be construed as creating a cause of action against any foreign or California corporation for providing location information. The bill would require that a tracking device search warrant issued pursuant to these provisions identify the person or property to be tracked, and specify a reasonable time that the device may be used, not to exceed 30 days, plus extensions, as provided. The bill would require that the warrant be executed within 10 days, as provided.
Who sponsors AB 2055?
AB 2055 is sponsored by Fuentes.
What is the current status of AB 2055?
This bill has been enacted into law. Introduced February 23, 2012. Enacted.
Where can I track AB 2055?
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Last checked for changes 3 months ago · updated continuously

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