California 2019-2020 Regular Session Status: Enacted

AB 1638 — Search warrants: vehicle recording devices.

Last action — Chaptered by Secretary of State - Chapter 196, Statutes of 2019.

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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 22, 2019. 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 6 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 allows 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. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized constitute evidence showing that a felony has been committed. This bill would authorize a search warrant to be issued on the grounds that the property or things to be seized are data, from a recording device, as defined, installed by the manufacturer of a motor vehicle, that constitutes evidence that tends to show the commission of a felony or misdemeanor offense involving a motor vehicle, resulting in death or serious bodily injury, as defined, to any person.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 196, Statutes of 2019.

  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 60. Noes 9. Page 2749.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 17 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 4. Page 2181.).

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

  8. From committee: Amend, and do pass as amended. (Ayes 4. Noes 0.) (July 2).

  9. Referred to Com. on PUB. S.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 7. Page 1571.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 9. Noes 0.) (April 30).

  14. Re-referred to Com. on P. & C.P.

  15. Read second time and amended.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on P. & C.P. (Ayes 5. Noes 0.) (April 9).

  17. Referred to Coms. on PUB. S. and P. & C.P.

  18. Read first time.

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

  20. Introduced. To print.

Sponsors

  • Obernolte · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Obernolte

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 1638 Obernolte Concurrence in Senate Amendments

Passed 60 Yea · 9 Nay · 10 Other
Party YeaNayPresentNot Voting
Democratic 17203
Unaffiliated 38707
Republican 5000
Total 609010
% of votes cast 76%11%0%13%
How each member voted (79)
Member Party Vote
Fong — Yea
Salas — Yea
Brough — Yea
Kiley — Yea
Mathis — Yea
Frazier — Yea
Bigelow — Yea
Cooley — Yea
Smith — Yea
Diep — Yea
Chau — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Santiago — Yea
Obernolte — Yea
Chiu — Yea
Holden — Yea
Daly — Yea
Quirk — Yea
Mullin — Yea
Levine — Yea
Melendez — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
Weber — Yea
Waldron — Yea
Gloria — Nay
Gray — Nay
Kamlager-Dove — Nay
Ting — Nay
O'Donnell — Nay
Gonzalez — Nay
Friedman — Not Voting
Mayes — Not Voting
Cunningham — Not Voting
Eggman — Not Voting
Maienschein — Not Voting
Jones-Sawyer — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Nay
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Not Voting
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Nay
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1638 Obernolte By Wiener

Passed 32 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 22302
Democratic 7102
Republican 3000
Total 32404
% of votes cast 80%10%0%10%
How each member voted (40)
Member Party Vote
Rubio — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Roth — Yea
Hill — Yea
Morrell — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Mitchell — Nay
Monning — Nay
Wieckowski — Nay
Portantino — Not Voting
Hueso — Not Voting
Mark Stone — Yea
Archuleta, Bob Democratic Not Voting
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Not Voting
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Nay
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended

Passed 4 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 3002
Democratic 1001
Total 4003
% of votes cast 57%0%0%43%
How each member voted (7)
Member Party Vote
Moorlach — Yea
Morrell — Yea
Skinner — Yea
Bradford — Not Voting
Mitchell — Not Voting
Jackson, Corey A. Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1638 Obernolte Assembly Third Reading

Passed 60 Yea · 7 Nay · 13 Other
Party YeaNayPresentNot Voting
Democratic 19204
Republican 5002
Unaffiliated 36507
Total 607013
% of votes cast 75%9%0%16%
How each member voted (80)
Member Party Vote
Levine — Yea
Melendez — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Waldron — Yea
Friedman — Nay
Gray — Nay
Kamlager-Dove — Nay
Ting — Nay
Gloria — Not Voting
Weber — Not Voting
Eggman — Not Voting
Gonzalez — Not Voting
Jones-Sawyer — Not Voting
Chau — Not Voting
Salas — Yea
Brough — Yea
Kiley — Yea
Mayes — Yea
Mathis — Yea
Frazier — Yea
Bigelow — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Diep — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Santiago — Yea
Obernolte — Yea
Chiu — Yea
Holden — Yea
Daly — Yea
Maienschein — Yea
Quirk — Yea
Mullin — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Mark Stone — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Nay
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Not Voting
Rivas, Robert Democratic Not Voting
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Nay
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 5001
Republican 1000
Unaffiliated 3001
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Obernolte — Yea
Smith — Yea
Chau — Yea
Kiley — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Wicks, Buffy Democratic Not Voting
Gallagher, James Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Privacy and Consumer Protection]

Passed 5 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 1001
Unaffiliated 3002
Republican 1000
Total 5003
% of votes cast 63%0%0%38%
How each member voted (8)
Member Party Vote
Santiago — Yea
Quirk — Yea
Diep — Yea
Jones-Sawyer — Not Voting
Kamlager-Dove — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Wicks, Buffy Democratic Not Voting
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does AB 1638 do?
Existing law allows 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. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized constitute evidence showing that a felony has been committed. This bill would authorize a search warrant to be issued on the grounds that the property or things to be seized are data, from a recording device, as defined, installed by the manufacturer of a motor vehicle, that constitutes evidence that tends to show the commission of a felony or misdemeanor offense involving a motor vehicle, resulting in death or serious bodily injury, as defined, to any person.
Who sponsors AB 1638?
AB 1638 is sponsored by Obernolte.
What is the current status of AB 1638?
This bill has been enacted into law. Introduced February 22, 2019. Enacted.
Where can I track AB 1638?
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Last checked for changes 3 months ago · updated continuously

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