California 2011-2012 Regular Session Status: Enacted

SB 61 — Wiretapping: authorization.

Last action — Chaptered by Secretary of State. Chapter 663, Statutes of 2011.

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

This bill has been enacted into law. Introduced December 22, 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 8 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 a procedure for the application for, and issuance of, an order authorizing the interception of a wire, electronic pager, or electronic cellular telephone communication, as those terms are defined, and, among other things, establishes additional provisions regarding those interceptions for purposes of criminal proceedings. Existing law requires the Attorney General 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 regarding these interceptions, as specified. The report is required to include, among other things, a general description of the interceptions made under the order or extension, including the approximate nature and frequency of incriminating communications intercepted, the approximate nature and frequency of other communications intercepted, the approximate number of persons whose communications were intercepted, and the approximate nature, amount, and cost of the manpower and other resources used in the interceptions. Existing law provides that a violation of these provisions is punishable as a misdemeanor with specified penalties, or as a felony. Existing law further provides that all of these provisions shall remain in effect until January 1, 2012. This bill would extend the operation of these provisions until January 1, 2015. This bill would further revise the reporting requirement to require the report to include, among other things, a general description of the interceptions made under the order or extension, including the number of persons whose communications were intercepted, the number of communications intercepted, the percentage of incriminating communications intercepted and the percentage of other communications intercepted, and the approximate nature, amount, and cost of the manpower and other resources used in the interceptions. By extending the operation of provisions of law creating a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 663, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2406.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 3000.) 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 17. Noes 0.) (August 25).

  10. Set, first hearing. Referred to APPR. suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR.

  12. Referred to Com. on PUB. S.

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

  14. Read third time. Passed. (Ayes 39. Noes 0. Page 1281.) Ordered to the Assembly.

  15. Ordered to special consent calendar.

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 8. Noes 0. Page 1112.) (May 26).

  18. Set for hearing May 26.

  19. Placed on APPR. suspense file.

  20. Set for hearing April 11.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 417.) (March 22). Re-referred to Com. on APPR.

  22. Set for hearing March 22.

  23. Referred to Com. on PUB. S.

  24. Read first time.

  25. From printer. May be acted upon on or after January 22.

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

Sponsors

  • Pavley · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Pavley

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 SB61 Pavley Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Hancock — Yea
Huff — Yea
Wolk — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Yea
Harman — Yea
Hernandez — Yea
Corbett — Yea
Kehoe — Yea
Dutton — Yea
Leno — Yea
Price — Yea
Simitian — Yea
Walters — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Steinberg — Yea
Vargas — Yea
Wright — 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 →

SB 61 Pavley Senate Third Reading By HILL

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Democratic 1000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hall — Yea
Butler — Yea
Eng — Yea
Campos — Yea
Garrick — Yea
Hagman — Yea
Halderman — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Atkins — Yea
Huber — Yea
Hueso — Yea
Huffman — Yea
Jeffries — Yea
Carter — Yea
Portantino — Yea
Logue — Yea
Cedillo — Yea
Allen — Yea
Miller — Yea
Nestande — Yea
Ammiano — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Donnelly — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Valadao — Yea
Wieckowski — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Furutani — Not Voting
Galgiani — Yea
Gorell — Not Voting
Monning — Yea
Morrell — Yea
Norby — Yea
Smyth — Yea
Torres — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Knight — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Olsen — Yea
Perea — Yea
Solorio — Yea
Wagner — Yea
Williams — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Yamada — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
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 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Campos — Yea
Davis — Yea
Donnelly — Yea
Hill — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Mitchell — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Lara — Yea
Nielsen — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Special Consent #4

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Hancock — Yea
Harman — Yea
Lieu — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Corbett — Yea
Evans — Yea
Runner — Not Voting
Dutton — Yea
Leno — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Emmerson — Yea
Correa — 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.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Yea
Pavley — Yea
Price — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Steinberg — Yea
Emmerson — Not Voting

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Pavley — Yea
Price — Yea
Alquist — Yea
Lieu — Not Voting
Steinberg — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 61 do?
Existing law establishes a procedure for the application for, and issuance of, an order authorizing the interception of a wire, electronic pager, or electronic cellular telephone communication, as those terms are defined, and, among other things, establishes additional provisions regarding those interceptions for purposes of criminal proceedings. Existing law requires the Attorney General 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 regarding these interceptions, as specified. The report is required to include, among other things, a general description of the interceptions made under the order or extension, including the approximate nature and frequency of incriminating communications intercepted, the approximate nature and frequency of other communications intercepted, the approximate number of persons whose communications were intercepted, and the approximate nature, amount, and cost of the manpower and other resources used in the interceptions. Existing law provides that a violation of these provisions is punishable as a misdemeanor with specified penalties, or as a felony. Existing law further provides that all of these provisions shall remain in effect until January 1, 2012. This bill would extend the operation of these provisions until January 1, 2015. This bill would further revise the reporting requirement to require the report to include, among other things, a general description of the interceptions made under the order or extension, including the number of persons whose communications were intercepted, the number of communications intercepted, the percentage of incriminating communications intercepted and the percentage of other communications intercepted, and the approximate nature, amount, and cost of the manpower and other resources used in the interceptions. By extending the operation of provisions of law creating a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 61?
SB 61 is sponsored by Pavley.
What is the current status of SB 61?
This bill has been enacted into law. Introduced December 22, 2010. Enacted.
Where can I track SB 61?
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