California 2015-2016 Regular Session Status: Enacted

AB 539 — Search warrants.

Last action — Chaptered by Secretary of State - Chapter 118, Statutes of 2015.

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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 23, 2015. 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 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 a sample of the blood of a person constitutes evidence that tends to show a violation of specified laws prohibiting driving a vehicle while under the influence of alcohol or drugs, the person from whom the sample is being sought has refused an officer's request to submit to, or has failed to complete, a blood test, as specified, and the sample will be drawn from the person in a reasonable, medically approved manner. Existing law prohibits a person from operating a vessel or manipulating water skis, an aquaplane, or similar device while under the influence of drugs or alcohol or when the person is addicted to drugs, as specified. Existing law defines a "vessel" for purposes of these provisions to include a watercraft or other artificial contrivance used or capable of being used as a means of transportation on water, except as specified. This bill would authorize the issuance of a search warrant on the grounds that (1) a sample of the blood of a person constitutes evidence that tends to show a violation of specified laws prohibiting, among other crimes, the operation of a vessel, or manipulating water skis, an aquaplane, or a similar device, while under the influence of alcohol or drugs, (2) the person from whom the sample is being sought has refused an officer's request to submit to, or has failed to complete, a blood test, as specified, and (3) the sample will be drawn from the person in a reasonable, medically approved manner. This bill would incorporate changes to Section 1524 of the Penal Code proposed by both this bill and AB 1104, 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

Action History

  1. Chaptered by Secretary of State - Chapter 118, Statutes of 2015.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 2170.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 27 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1615.).

  7. Read second time. Ordered to third reading.

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

  9. Ordered to third reading.

  10. Ordered to special consent calendar.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 7. Noes 0.) (June 9).

  13. Referred to Com. on PUB. S.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 968.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 7. Noes 0.) (April 7).

  18. Referred to Com. on PUB. S.

  19. From printer. May be heard in committee March 26.

  20. Read first time. To print.

Sponsors

  • Levine · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Levine

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 539 LEVINE Concurrence in Senate Amendments

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 66004
Democratic 4000
Republican 6000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Brown — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Daly — Yea
Gatto — Yea
Harper — Yea
Chávez — Yea
Olsen — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Frazier — Yea
Gordon — Yea
Hadley — Yea
Gray — Yea
Holden — Yea
Lopez — Yea
Jones-Sawyer — Yea
Kim — Yea
Linder — Yea
Low — Not Voting
Mayes — Yea
McCarty — Yea
Campos — Yea
Atkins — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Baker — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
O'Donnell — Not Voting
Obernolte — Yea
Perea — Not Voting
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Gomez — 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

Official roll call →

3rd Reading AB539 Levine By Monning

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 3000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Leyva — Yea
Nielsen — Yea
Pavley — Yea
Galgiani — Yea
Fuller — Yea
Glazer — Yea
Hill — Yea
Cannella — Yea
Allen — Yea
Lara — Yea
Mitchell — Yea
De León — Yea
Leno — Yea
Pan — Yea
Runner — Not Voting
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Yea
Beall — Yea
Block — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Monning — Yea
Glazer — Yea
Hancock — Yea
Leno — Yea
Liu — Yea
Anderson — Yea
Mark Stone — Yea

Official roll call →

AB 539 LEVINE Assembly Third Reading

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 4000
Republican 6000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Harper — Yea
Levine — Yea
Mathis — Yea
Mullin — Yea
Quirk — Not Voting
Thurmond — Yea
Wagner — Yea
Eggman — Yea
Frazier — Yea
Chau — Yea
Chu — Yea
Cooper — Yea
Salas — Yea
Gonzalez — Yea
Achadjian — Yea
Brown — Yea
Linder — Yea
Low — Yea
Mayes — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Rodriguez — Yea
Weber — Yea
Williams — Yea
Burke — Yea
Chiu — Yea
Cooley — Yea
Brough — Yea
McCarty — Yea
Ridley-Thomas — Yea
Wilk — Yea
Campos — Yea
Gatto — Yea
Gray — Yea
Atkins — Yea
Bonilla — Yea
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Kim — Yea
Baker — Yea
Chang — Yea
Chávez — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Maienschein — Yea
Medina — Yea
Melendez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Waldron — Yea
Wood — Yea
Gomez — Yea
Gordon — 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

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Jones-Sawyer — Yea
Low — Yea
Quirk — Yea
Melendez — Yea
Santiago — Yea
Gonzalez — Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does AB 539 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 a sample of the blood of a person constitutes evidence that tends to show a violation of specified laws prohibiting driving a vehicle while under the influence of alcohol or drugs, the person from whom the sample is being sought has refused an officer's request to submit to, or has failed to complete, a blood test, as specified, and the sample will be drawn from the person in a reasonable, medically approved manner. Existing law prohibits a person from operating a vessel or manipulating water skis, an aquaplane, or similar device while under the influence of drugs or alcohol or when the person is addicted to drugs, as specified. Existing law defines a "vessel" for purposes of these provisions to include a watercraft or other artificial contrivance used or capable of being used as a means of transportation on water, except as specified. This bill would authorize the issuance of a search warrant on the grounds that (1) a sample of the blood of a person constitutes evidence that tends to show a violation of specified laws prohibiting, among other crimes, the operation of a vessel, or manipulating water skis, an aquaplane, or a similar device, while under the influence of alcohol or drugs, (2) the person from whom the sample is being sought has refused an officer's request to submit to, or has failed to complete, a blood test, as specified, and (3) the sample will be drawn from the person in a reasonable, medically approved manner. This bill would incorporate changes to Section 1524 of the Penal Code proposed by both this bill and AB 1104, 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 539?
AB 539 is sponsored by Levine.
What is the current status of AB 539?
This bill has been enacted into law. Introduced February 23, 2015. Enacted.
Where can I track AB 539?
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