AB 1104 — Search warrants.
Last action — Chaptered by Secretary of State - Chapter 124, Statutes of 2015.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 5 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 provides that a search warrant may only 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 states the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony, or when there is a warrant to arrest a person. Existing law authorizes the seizure of a controlled substance and any device, contrivance, instrument, or paraphernalia used for unlawfully using or administering a controlled substance. This bill would authorize the issuance of a search warrant when the property or things to be seized are controlled substances or any device, contrivance, instrument, or paraphernalia used for unlawfully using or administering a controlled substance. This bill would incorporate changes to Section 1524 of the Penal Code proposed by both this bill and AB 539, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
Bill Text
- Chaptered 07/16/15 - Chaptered Current pdf July 16, 2015
- Enrolled 07/02/15 - Enrolled pdf July 02, 2015
- Amended 06/23/15 - Amended Senate pdf June 23, 2015
- Amended 04/23/15 - Amended Assembly pdf April 23, 2015
- Introduced 02/27/15 - Introduced pdf February 27, 2015
- AB1104 View text html
Action History
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Chaptered by Secretary of State - Chapter 124, Statutes of 2015.
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Approved by the Governor.
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Enrolled and presented to the Governor at 2 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 2171.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 27 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1616.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 7. Noes 0.) (June 16).
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Referred to Com. on PUB. S.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1221.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 5. Noes 0.) (April 28).
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on PUB. S.
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Read first time.
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From printer. May be heard in committee March 31.
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Introduced. To print.
Sponsors
- Jacqui Irwin · Cosponsor
- Rodriguez · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- Rodriguez
Co-sponsors (1)
- Irwin, Jacqui Democratic
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 65 | 0 | 0 | 5 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 75 | 0 | 0 | 5 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Brown | — | Yea |
| Kim | — | Yea |
| Linder | — | Yea |
| McCarty | — | Yea |
| Ridley-Thomas | — | Yea |
| Wagner | — | Yea |
| Wilk | — | Yea |
| Eggman | — | Yea |
| Cooper | — | Yea |
| Frazier | — | Yea |
| Gatto | — | Yea |
| Burke | — | Yea |
| Salas | — | Yea |
| Campos | — | Yea |
| Bonilla | — | Yea |
| Gordon | — | Yea |
| Harper | — | Yea |
| Holden | — | Yea |
| Gray | — | Yea |
| Jones-Sawyer | — | Yea |
| Lopez | — | Yea |
| Levine | — | Yea |
| Maienschein | — | Yea |
| Mayes | — | Yea |
| Medina | — | Yea |
| Melendez | — | Yea |
| Mullin | — | Yea |
| Obernolte | — | Yea |
| Chang | — | Yea |
| Atkins | — | Yea |
| Olsen | — | Yea |
| Baker | — | Yea |
| Bigelow | — | Yea |
| Chau | — | Yea |
| Chiu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Dodd | — | Yea |
| Rendon | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Thurmond | — | Yea |
| Waldron | — | Yea |
| Weber | — | Yea |
| Williams | — | Yea |
| Chu | — | Yea |
| Low | — | Not Voting |
| Mathis | — | Yea |
| Nazarian | — | Not Voting |
| O'Donnell | — | Not Voting |
| Perea | — | Not Voting |
| Quirk | — | Yea |
| Steinorth | — | Yea |
| Ting | — | Not Voting |
| Wood | — | Yea |
| Gomez | — | Yea |
| Gonzalez | — | Yea |
| Hadley | — | Yea |
| Beth Gaines | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| Travis Allen | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 35 | 0 | 0 | 2 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Block | — | Yea |
| Hernandez | — | Yea |
| Leno | — | Yea |
| Leyva | — | Yea |
| Monning | — | Yea |
| Pan | — | Yea |
| Roth | — | Yea |
| Cannella | — | Yea |
| Runner | — | Not Voting |
| Hall | — | Yea |
| Hertzberg | — | Yea |
| Hueso | — | Yea |
| Huff | — | Yea |
| Bates | — | Yea |
| Beall | — | Yea |
| Liu | — | Yea |
| Mendoza | — | Yea |
| Morrell | — | Yea |
| Nielsen | — | Yea |
| Pavley | — | Yea |
| Vidak | — | Yea |
| Wieckowski | — | Yea |
| Wolk | — | Not Voting |
| Galgiani | — | Yea |
| Allen | — | Yea |
| Mitchell | — | Yea |
| De León | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Moorlach | — | Yea |
| Fuller | — | Yea |
| Glazer | — | Yea |
| Hancock | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Mark Stone | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Monning | — | Yea |
| Glazer | — | Yea |
| Hancock | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Mark Stone | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 66 | 0 | 0 | 4 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 76 | 0 | 0 | 4 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Baker | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Brown | — | Yea |
| Low | — | Yea |
| Maienschein | — | Yea |
| Mathis | — | Yea |
| Ridley-Thomas | — | Yea |
| Ting | — | Not Voting |
| Weber | — | Yea |
| Eggman | — | Yea |
| Cooper | — | Yea |
| Frazier | — | Yea |
| Gatto | — | Yea |
| Salas | — | Yea |
| Bonilla | — | Yea |
| Harper | — | Yea |
| Alejo | — | Yea |
| Bigelow | — | Yea |
| Jones-Sawyer | — | Yea |
| Mayes | — | Yea |
| Medina | — | Yea |
| Melendez | — | Yea |
| Obernolte | — | Yea |
| Olsen | — | Yea |
| Perea | — | Yea |
| Rendon | — | Yea |
| Wagner | — | Yea |
| Gray | — | Yea |
| Gomez | — | Yea |
| Gordon | — | Yea |
| Lopez | — | Yea |
| Hadley | — | Yea |
| Holden | — | Yea |
| Kim | — | Yea |
| Levine | — | Yea |
| Linder | — | Yea |
| Burke | — | Yea |
| Atkins | — | Yea |
| McCarty | — | Yea |
| Mullin | — | Yea |
| Nazarian | — | Not Voting |
| O'Donnell | — | Yea |
| Quirk | — | Yea |
| Rodriguez | — | Yea |
| Campos | — | Not Voting |
| Chang | — | Yea |
| Chau | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| Chávez | — | Not Voting |
| Cooley | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Dodd | — | Yea |
| Santiago | — | Yea |
| Steinorth | — | Yea |
| Thurmond | — | Yea |
| Waldron | — | Yea |
| Wilk | — | Yea |
| Williams | — | Yea |
| Wood | — | Yea |
| Gonzalez | — | Yea |
| Beth Gaines | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| Travis Allen | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 2 |
| Total | 5 | 0 | 0 | 2 |
| % of votes cast | 71% | 0% | 0% | 29% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Melendez | — | Yea |
| Quirk | — | Yea |
| Weber | — | Not Voting |
| Low | — | Yea |
| Santiago | — | Yea |
| Jones-Sawyer | — | Not Voting |
| Lackey, Tom | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 1104 do?
- Existing law provides that a search warrant may only 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 states the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony, or when there is a warrant to arrest a person. Existing law authorizes the seizure of a controlled substance and any device, contrivance, instrument, or paraphernalia used for unlawfully using or administering a controlled substance. This bill would authorize the issuance of a search warrant when the property or things to be seized are controlled substances or any device, contrivance, instrument, or paraphernalia used for unlawfully using or administering a controlled substance. This bill would incorporate changes to Section 1524 of the Penal Code proposed by both this bill and AB 539, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
- Who sponsors AB 1104?
- AB 1104 is sponsored by Irwin, Jacqui (Democratic) and Rodriguez.
- What is the current status of AB 1104?
- This bill has been enacted into law. Introduced February 27, 2015. Enacted.
- Where can I track AB 1104?
- Track AB 1104 free on One Click Politics — get push/email alerts when it moves.
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