California 2019-2020 Regular Session Status: Enacted 1 D cosponsors

SB 439 — Criminal procedure: wiretapping: authorization and disclosure.

Last action — Chaptered by Secretary of State. Chapter 645, Statutes of 2019.

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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 February 21, 2019. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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 establishes a procedure for a prosecutor to apply for, and the court to issue, an order authorizing law enforcement to intercept a wire or electronic communication. Under existing law, in accordance with the procedures described above, the Attorney General, a deputy attorney general, district attorney, or deputy district attorney, or a peace officer who has obtained knowledge of the contents of any wire or electronic communication may disclose the contents, under specified circumstances, to a judge or magistrate, or to a state or federal investigative or law enforcement officer, if that disclosure is appropriate to the proper performance of the official duties of the individual making or receiving the disclosure. Existing law also prohibits a peace officer or federal law enforcement officer from disclosing or using the contents of intercepted wire or electronic communications relating to crimes other than certain enumerated crimes, such as murder, human trafficking, and violent felonies, and those specified in the order of authorization, except to prevent the commission of a public offense. This bill would authorize a peace officer or federal law enforcement officer to disclose those contents if they relate to grand theft involving a firearm or maliciously exploding or igniting a destructive device or any explosive causing bodily injury, mayhem or great bodily injury, or death. The bill would also authorize a peace officer or federal law enforcement officer to disclose those contents if they relate to a crime involving a peace officer and are disclosed in an administrative or disciplinary hearing. If an agency employing a peace officer uses those contents as evidence in an administrative or disciplinary proceeding, the bill would require the number of proceedings and the offenses for which the evidence was used to be reported to the Attorney General. The bill would require the Attorney General to report this information to the Legislature, as provided.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 645, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2610.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 78. Noes 1. Page 3041.) Ordered to the Senate.

  8. Ordered to third reading.

  9. Read third time and amended.

  10. Ordered to third reading.

  11. From consent calendar on motion of Assembly Member Calderon.

  12. Read second time. Ordered to consent calendar.

  13. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 21).

  14. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  15. Read second time. Ordered to third reading.

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

  17. From committee: Do pass as amended. (Ayes 8. Noes 0.) (July 9).

  18. June 25 set for first hearing canceled at the request of author.

  19. Referred to Com. on PUB. S.

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

  21. Read third time. Passed. (Ayes 38. Noes 0. Page 593.) Ordered to the Assembly.

  22. Read second time. Ordered to consent calendar.

  23. From committee: Do pass. Ordered to consent calendar. (Ayes 6. Noes 0. Page 526.) (April 2).

  24. Set for hearing April 2.

  25. Referred to Com. on PUB. S.

  26. From printer. May be acted upon on or after March 24.

  27. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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 SB439 Umberg Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 27000
Democratic 10000
Republican 2001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
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 Not Voting

Official roll call →

SB 439 Umberg Senate Third Reading By Smith

Passed 78 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 51100
Democratic 22000
Republican 5000
Total 78100
% of votes cast 99%1%0%0%
How each member voted (79)
Member Party Vote
Gloria — Yea
Obernolte — Yea
Holden — Yea
Daly — Yea
Jones-Sawyer — Yea
Friedman — Yea
Nazarian — Yea
Weber — Yea
Fong — Yea
Kiley — Yea
Mayes — Yea
Frazier — Yea
Bigelow — Yea
Santiago — Yea
Eggman — Yea
Levine — Yea
Wood — Yea
Melendez — Yea
Kamlager-Dove — Nay
Mathis — Yea
Cooley — Yea
Diep — Yea
Chau — Yea
Quirk — Yea
Low — Yea
Burke — Yea
Cooper — Yea
Rendon — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Chiu — Yea
Gray — Yea
Maienschein — Yea
Mullin — Yea
Medina — Yea
Chu — Yea
Ting — Yea
McCarty — Yea
O'Donnell — Yea
Waldron — Yea
Salas — Yea
Brough — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
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 Yea
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 Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 12001
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Bloom — Yea
Fong — Yea
Brough — Yea
Obernolte — Yea
Maienschein — Yea
Quirk — Yea
Bigelow — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Eduardo Garcia — Not Voting
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Do pass as amended.

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 5000
Republican 1000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Santiago — Yea
Kamlager-Dove — Yea
Quirk — Yea
Jones-Sawyer — Yea
Diep — Yea
Bauer-Kahan, Rebecca Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Yea

Official roll call →

Consent Calendar

Passed 38 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 27000
Democratic 9000
Republican 2000
Total 38000
% of votes cast 100%0%0%0%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 439 do?
Existing law establishes a procedure for a prosecutor to apply for, and the court to issue, an order authorizing law enforcement to intercept a wire or electronic communication. Under existing law, in accordance with the procedures described above, the Attorney General, a deputy attorney general, district attorney, or deputy district attorney, or a peace officer who has obtained knowledge of the contents of any wire or electronic communication may disclose the contents, under specified circumstances, to a judge or magistrate, or to a state or federal investigative or law enforcement officer, if that disclosure is appropriate to the proper performance of the official duties of the individual making or receiving the disclosure. Existing law also prohibits a peace officer or federal law enforcement officer from disclosing or using the contents of intercepted wire or electronic communications relating to crimes other than certain enumerated crimes, such as murder, human trafficking, and violent felonies, and those specified in the order of authorization, except to prevent the commission of a public offense. This bill would authorize a peace officer or federal law enforcement officer to disclose those contents if they relate to grand theft involving a firearm or maliciously exploding or igniting a destructive device or any explosive causing bodily injury, mayhem or great bodily injury, or death. The bill would also authorize a peace officer or federal law enforcement officer to disclose those contents if they relate to a crime involving a peace officer and are disclosed in an administrative or disciplinary hearing. If an agency employing a peace officer uses those contents as evidence in an administrative or disciplinary proceeding, the bill would require the number of proceedings and the offenses for which the evidence was used to be reported to the Attorney General. The bill would require the Attorney General to report this information to the Legislature, as provided.
Who sponsors SB 439?
SB 439 is sponsored by Umberg, Thomas J. (Democratic).
What is the current status of SB 439?
This bill has been enacted into law. Introduced February 21, 2019. Enacted.
Where can I track SB 439?
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Last checked for changes 3 months ago · updated continuously

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