California 2015-2016 Regular Session Status: Enacted

AB 39 — Search warrants: electronic submission.

Last action — Chaptered by Secretary of State - Chapter 193, 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 December 01, 2014. 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 establishes various grounds for the issuance of a search warrant. Existing law requires a search warrant to 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 authorizes a magistrate, before issuing a warrant, to examine on oath the person seeking the warrant and requires the magistrate to take his or her affidavit in writing. Existing law authorizes the magistrate, in lieu of a written affidavit, to take an oral statement under oath using a telephone and facsimile transmission equipment, by using a telephone and electronic mail, or by using a telephone and computer server. Existing law requires, if one of those means is utilized, that the oath be made during a telephone conversation with the magistrate, after which the affiant signs the affidavit and sends the proposed search warrant and all supporting affidavits and attachments to the magistrate. Existing law also requires, if one of those means is utilized, the affiant to telephonically acknowledge the receipt of the signed search warrant and designates the completed search warrant, as signed by the magistrate, as the original warrant and the completed search warrant, as signed by the magistrate and received by the affiant, as the duplicate original warrant. This bill would instead require an affiant to first sign his or her affidavit and send the proposed search warrant and all supporting affidavits and attachments to the magistrate, after which the affiant would make his or her oath during a telephone conversation with the magistrate. The bill would also delete the requirement that the affiant telephonically acknowledge receipt of the signed search warrant and would designate the completed search warrant, signed by the magistrate and received by the affiant, as the original warrant.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 193, Statutes of 2015.

  2. Approved by the Governor.

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

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1791.).

  6. Ordered to special consent calendar.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 7. Noes 0.) (June 16).

  9. Referred to Com. on PUB. S.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 711.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 6. Noes 0.) (March 17).

  14. Referred to Com. on PUB. S.

  15. From printer. May be heard in committee January 1.

  16. Read first time. To print.

Sponsors

  • Medina · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Medina

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

Special Consent #4

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Bates — Yea
Block — Yea
Hertzberg — Yea
Hueso — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Vidak — Yea
Wolk — Yea
Galgiani — Yea
Fuller — Yea
Glazer — Yea
Cannella — Yea
Hernandez — Yea
Hill — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Anderson — Yea
Lara — Yea
Runner — Not Voting
Hall — Yea
Hancock — Yea
Huff — Yea
Beall — Yea
Leyva — Yea
Mendoza — Yea
Morrell — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
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
Hancock — Yea
Leno — Yea
Liu — Yea
Anderson — Yea
Monning — Yea
Glazer — Yea
Mark Stone — Yea

Official roll call →

AB 39 MEDINA Assembly Third Reading

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 67003
Democratic 4000
Republican 5001
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brown — Yea
Holden — Yea
Linder — Yea
Low — Yea
Maienschein — Yea
McCarty — Yea
Quirk — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Wilk — Yea
Williams — Yea
Campos — Yea
Eggman — Yea
Chávez — Yea
Cooley — Yea
Daly — Yea
Dodd — Yea
Frazier — Yea
Gatto — Yea
Olsen — Yea
Salas — Yea
Harper — Yea
Bonilla — Yea
Bigelow — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Obernolte — Yea
Perea — Yea
Wagner — Yea
Cooper — Yea
Dababneh — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Gray — Yea
Lopez — Yea
Gordon — Yea
Burke — Yea
Atkins — Yea
Hadley — Yea
Jones-Sawyer — Not Voting
Kim — Yea
Levine — Yea
Mathis — Not Voting
Brough — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Rendon — Not Voting
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Waldron — Yea
Weber — 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 Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Republican 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Low — Yea
Quirk — Yea
Jones-Sawyer — Not Voting
Melendez — Yea
Santiago — Yea
Gonzalez — Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does AB 39 do?
Existing law establishes various grounds for the issuance of a search warrant. Existing law requires a search warrant to 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 authorizes a magistrate, before issuing a warrant, to examine on oath the person seeking the warrant and requires the magistrate to take his or her affidavit in writing. Existing law authorizes the magistrate, in lieu of a written affidavit, to take an oral statement under oath using a telephone and facsimile transmission equipment, by using a telephone and electronic mail, or by using a telephone and computer server. Existing law requires, if one of those means is utilized, that the oath be made during a telephone conversation with the magistrate, after which the affiant signs the affidavit and sends the proposed search warrant and all supporting affidavits and attachments to the magistrate. Existing law also requires, if one of those means is utilized, the affiant to telephonically acknowledge the receipt of the signed search warrant and designates the completed search warrant, as signed by the magistrate, as the original warrant and the completed search warrant, as signed by the magistrate and received by the affiant, as the duplicate original warrant. This bill would instead require an affiant to first sign his or her affidavit and send the proposed search warrant and all supporting affidavits and attachments to the magistrate, after which the affiant would make his or her oath during a telephone conversation with the magistrate. The bill would also delete the requirement that the affiant telephonically acknowledge receipt of the signed search warrant and would designate the completed search warrant, signed by the magistrate and received by the affiant, as the original warrant.
Who sponsors AB 39?
AB 39 is sponsored by Medina.
What is the current status of AB 39?
This bill has been enacted into law. Introduced December 01, 2014. Enacted.
Where can I track AB 39?
Track AB 39 free on One Click Politics — get push/email alerts when it moves.

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