AB 929 — Pen registers: authorized use.

Summary

Existing law authorizes the Attorney General or a district attorney to make a written application to a judge of a superior court for an order permitting the interception of wire communication and electronic communication, as defined. Existing law permits an application to be made informally and granted orally if an emergency situation exists, and other factors are present. Existing law conditions the granting of an oral approval on the filing of a written application by midnight of the second full court day after the oral approval is made. Existing law prohibits a communication interception from lasting for longer than 30 days. Existing law permits an extension of the original order, not to exceed 30 days, upon a showing that there is continued probable cause that the information sought is likely to be obtained under the extension. This bill would prohibit a person, other than a provider of electronic or wire communication service for specified purposes, from installing or using a pen register or a trap and trace device, as defined. The bill would authorize a peace officer to make a written application to a magistrate for an order permitting the installation and use of a pen register or a trap and trace device. The bill would require the magistrate to enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device only in specified circumstances and would permit the magistrate to question the peace officer pertaining to the need for the information. The bill would also permit an application to be made informally and granted orally if an emergency situation exists, and other factors are present. The bill would condition the grant of an oral approval on the filing of a written application by midnight of the second full court day after the pen register or trap and trace device is installed. The bill would prohibit the installation and use of a pen register or trap and trace device for longer than 60 days. The bill would permit an extension of the original order, not to exceed 60 days, upon a showing that there is continued probable cause that the information sought is likely to be obtained under the extension. The bill would clarify that any location information obtained by a pen register or a track and trace device is limited to the information that can be determined from the telephone number. The bill would make the prohibited installation or use of a pen register or a trap and trace device punishable by a fine not exceeding $2,500, or by imprisonment in the county jail not exceeding 1 year, or by imprisonment in state prison for offenders with specified prior convictions, or by both that fine and imprisonment. By creating a new crime, the 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

• Chaptered 08/13/15 - Chaptered Current pdf August 13, 2015
• Enrolled 07/13/15 - Enrolled pdf July 13, 2015
• Amended 06/17/15 - Amended Senate pdf June 17, 2015
• Amended 06/04/15 - Amended Senate pdf June 04, 2015
• Amended 04/15/15 - Amended Assembly pdf April 15, 2015
• Introduced 02/26/15 - Introduced pdf February 26, 2015
• AB929 View text html

Action History

1. August 13, 2015

   Chaptered by Secretary of State - Chapter 204, Statutes of 2015.

2. August 13, 2015

   Approved by the Governor.

3. August 03, 2015

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

4. July 09, 2015

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2314.).

5. July 06, 2015

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 8 pursuant to Assembly Rule 77.

6. July 06, 2015

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1787.).

7. June 30, 2015

   Read second time. Ordered to third reading.

8. June 29, 2015

   From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

9. June 17, 2015

   Read second time and amended. Re-referred to Com. on APPR.

10. June 16, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 16).

11. June 04, 2015

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

12. May 21, 2015

    Referred to Com. on PUB. S.

13. May 07, 2015

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

14. May 07, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1348.)

15. April 30, 2015

    Read second time. Ordered to Consent Calendar.

16. April 29, 2015

    From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 29).

17. April 22, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 21). Re-referred to Com. on APPR.

18. April 16, 2015

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

19. April 15, 2015

    Read second time and amended.

20. April 14, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on P. & C.P. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 7).

21. March 16, 2015

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

22. February 27, 2015

    From printer. May be heard in committee March 29.

23. February 26, 2015

    Read first time. To print.

Sponsors

• Chau · Primary

Votes

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