California 2011-2012 Regular Session Status: To Executive

SB 914 — Search warrants: portable electronic devices.

Last action — Veto sustained.

  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 provides that a search warrant cannot be issued but 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 place to be searched. Existing case law authorizes arresting officers, without a warrant, to conduct a search incident to a lawful arrest, including to search the contents of a cellular telephone taken from a suspect during an arrest. This bill would prohibit the search of information contained in a portable electronic device, as defined, by a law enforcement officer incident to a lawful custodial arrest except pursuant to a warrant issued by a duly authorized magistrate using established procedures.

Bill Text

Action History

  1. Veto sustained.

  2. Consideration of Governor's veto stricken from file.

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

  4. Vetoed by the Governor.

  5. Enrolled and presented to the Governor at 9:45 a.m.

  6. Assembly amendments concurred in. (Ayes 32. Noes 4. Page 2226.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 70. Noes 0. Page 2503.) Ordered to the Senate.

  9. Ordered to third reading.

  10. Read third time and amended. (Page 2162.)

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 5. Noes 0.) (June 21).

  13. Referred to Com. on PUB. S.

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

  15. Read third time. Passed. (Ayes 28. Noes 9. Page 1244.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. Ordered to second reading.

  18. Withdrawn from committee.

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

  20. Set for hearing May 23.

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

  22. Set for hearing May 16.

  23. Hearing postponed by committee.

  24. Set for hearing May 9.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 742.) (April 26). Re-referred to Com. on APPR.

  26. Set for hearing April 26.

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

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

  29. Referred to Com. on RLS.

  30. From printer. May be acted upon on or after March 22.

  31. Introduced. Read first time. 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 · 1 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 SB914 Leno Concurrence

Passed 32 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 29404
Republican 1000
Democratic 2000
Total 32404
% of votes cast 80%10%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Fuller — Yea
Hancock — Yea
Lowenthal — Yea
Cannella — Nay
Harman — Yea
Negrete McLeod — Yea
Runner — Yea
Corbett — Yea
Dutton — Nay
Leno — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Rubio — Nay
De León — Not Voting
Alquist — Not Voting
Anderson — Yea
Blakeslee — Yea
Hernandez — Yea
Huff — Nay
Kehoe — Yea
Liu — Yea
Price — Yea
Wyland — Yea
Emmerson — Not Voting
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 914 Leno Senate Third Reading By KNIGHT

Passed 70 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 670010
Democratic 1000
Total 700010
% of votes cast 88%0%0%13%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Hill — Yea
Cedillo — Yea
Fong — Yea
Allen — Yea
Logue — Yea
Olsen — Yea
Yamada — Yea
Fuentes — Not Voting
Galgiani — Yea
Garrick — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gordon — Yea
Fletcher — Yea
Gorell — Not Voting
Hagman — Yea
Carter — Not Voting
Halderman — Yea
Bonilla — Yea
Atkins — Yea
Harkey — Yea
Hueso — Not Voting
Block — Yea
Chesbro — Yea
Conway — Yea
Cook — Not Voting
Davis — Yea
Donnelly — Yea
Jeffries — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Perea — Yea
Skinner — Not Voting
Smyth — Yea
Swanson — Not Voting
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Ma — Yea
Mansoor — Not Voting
Morrell — Yea
Norby — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Furutani — Not Voting
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 →

Do pass.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5002
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Hagman — Not Voting
Cedillo — Yea
Mitchell — Yea
Hill — Yea
Ammiano — Yea
Skinner — Yea
Knight — Not Voting

Official roll call →

3rd Reading

Passed 28 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 26902
Republican 1000
Democratic 1001
Total 28903
% of votes cast 70%23%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Evans — Yea
Lowenthal — Yea
Cannella — Nay
De León — Yea
Negrete McLeod — Yea
Harman — Nay
Corbett — Yea
Rubio — Not Voting
Runner — Not Voting
Hernandez — Yea
Huff — Nay
Kehoe — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Nay
Leno — Yea
Lieu — Nay
Liu — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Pavley — Yea
Simitian — Yea
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Yea
Bill Berryhill — Nay
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican 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 SB 914 do?
Existing law provides that a search warrant cannot be issued but 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 place to be searched. Existing case law authorizes arresting officers, without a warrant, to conduct a search incident to a lawful arrest, including to search the contents of a cellular telephone taken from a suspect during an arrest. This bill would prohibit the search of information contained in a portable electronic device, as defined, by a law enforcement officer incident to a lawful custodial arrest except pursuant to a warrant issued by a duly authorized magistrate using established procedures.
Who sponsors SB 914?
SB 914 is sponsored by Leno.
What is the current status of SB 914?
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 914?
Track SB 914 free on One Click Politics — get push/email alerts when it moves.

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