California 2021-2022 Regular Session Status: Enacted

AB 127 — Arrest warrants: declaration of probable cause.

Last action — Chaptered by Secretary of State - Chapter 20, Statutes of 2021.

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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 December 18, 2020. 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 4 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 governs the procedure for issuing a warrant of arrest by a magistrate. If a declaration of probable cause is made by a peace officer, existing law requires the magistrate to issue a warrant of probable cause for the arrest of the defendant described in the declaration only if the magistrate is satisfied that there is probable cause that the offense described in the declaration has been committed and that the defendant has committed the offense. Existing law allows the issuing magistrate to examine the person seeking the warrant and any witnesses the person may produce under oath. Existing law provides additional requirements for making and signing the declaration of probable cause, as specified. This bill would require a magistrate, before issuing an arrest warrant pursuant to these provisions, to examine the declaration of probable cause made by a peace officer, or an employee of a public prosecutor's office when the subject of the arrest warrant is a peace officer.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 20, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:45 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 1471.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 4. Noes 0.) (June 8).

  8. Referred to Com. on PUB. S.

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

  10. Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 8. Page 1286.)

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 6. Noes 0.) (April 20).

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

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

  15. Referred to Com. on PUB. S.

  16. Read first time.

  17. From printer. May be heard in committee January 18.

  18. Introduced. To print.

Sponsors

  • Kamlager · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Kamlager

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

3rd Reading

Passed 30 Yea · 7 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 17402
Democratic 12001
Republican 1300
Total 30703
% of votes cast 75%18%0%8%
How each member voted (40)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Leyva — Yea
Eggman — Yea
Roth — Yea
Hertzberg — Yea
Min — Yea
Kamlager — Yea
Rubio — Yea
Gonzalez — Yea
Hueso — Yea
Dodd — Yea
Atkins — Yea
Pan — Yea
Glazer — Yea
Bradford — Yea
Newman — Yea
Bates — Nay
Nielsen — Nay
Borgeas — Nay
Wilk — Nay
Melendez — Not Voting
Skinner — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 3000
Republican 0001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Bradford — Yea
Kamlager — Yea
Skinner — Yea
Wiener, Scott D. Democratic Yea
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

AB 127 Kamlager Assembly Third Reading By STONE

Passed 57 Yea · 8 Nay · 13 Other
Party YeaNayPresentNot Voting
Democratic 25002
Unaffiliated 30407
Republican 2404
Total 578013
% of votes cast 73%10%0%17%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Chau — Yea
Smith — Nay
Mathis — Nay
Kiley — Nay
Bigelow — Nay
Gray — Not Voting
Voepel — Not Voting
Cooley — Not Voting
Cunningham — Not Voting
Quirk — Not Voting
Cooper — Not Voting
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
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
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Yea
Patterson, Joe Republican Nay
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Yea

Official roll call →

Subjects

public-safety
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 127 do?
Existing law governs the procedure for issuing a warrant of arrest by a magistrate. If a declaration of probable cause is made by a peace officer, existing law requires the magistrate to issue a warrant of probable cause for the arrest of the defendant described in the declaration only if the magistrate is satisfied that there is probable cause that the offense described in the declaration has been committed and that the defendant has committed the offense. Existing law allows the issuing magistrate to examine the person seeking the warrant and any witnesses the person may produce under oath. Existing law provides additional requirements for making and signing the declaration of probable cause, as specified. This bill would require a magistrate, before issuing an arrest warrant pursuant to these provisions, to examine the declaration of probable cause made by a peace officer, or an employee of a public prosecutor's office when the subject of the arrest warrant is a peace officer.
Who sponsors AB 127?
AB 127 is sponsored by Kamlager.
What is the current status of AB 127?
This bill has been enacted into law. Introduced December 18, 2020. Enacted.
Where can I track AB 127?
Track AB 127 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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