Mark Leno
- Democratic
Author
(1) 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. This bill would prohibit a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant under specified conditions, except for emergency situations, as defined. The bill would also specify the conditions under which a government entity may access electronic device information by means of physical interaction or electronic communication with the device, such as pursuant to a search warrant, wiretap order, or consent of the owner of the device. The bill would define a number of terms for those purposes, including, among others, "electronic communication information" and "electronic device information," which the bill defines collectively as "electronic information." The bill would require a search warrant for electronic information to describe with particularity the information to be seized and would impose other conditions on the use of the search warrant or wiretap order and the information obtained, including retention, sealing, and disclosure. The bill would require a warrant directed to a service provider to be accompanied by an order requiring the service provider to verify by affidavit the authenticity of electronic information that it produces, as specified. The bill would authorize a service provider to voluntarily disclose, when not otherwise prohibited by state or federal law, electronic communication information or subscriber information, and would require a government entity to destroy information so provided within 90 days, subject to specified exceptions. The bill would, subject to exceptions, require a government entity that executes a search warrant pursuant to these provisions to contemporaneously provide notice, as specified, to the identified target, that informs the recipient that information about the recipient has been compelled or requested, and that states the nature of the government investigation under which the information is sought. The bill would authorize a delay of 90 days, subject to renewal, for providing the notice under specified conditions that constitute an emergency. The bill would require the notice to include a copy of the warrant or statement describing the emergency under which the notice was delayed. The bill would provide that any person in a trial, hearing, or proceeding may move to suppress any electronic information obtained or retained in violation of its provisions, according to specified procedures. The bill would provide that a California or foreign corporation, and its officers, employees, and agents, are not subject to any cause of action for providing records, information, facilities, or assistance in accordance with the terms of a warrant, wiretap order, or other order issued pursuant to these provisions. (2) The California Constitution provides for the Right to Truth in Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill would exclude evidence obtained or retained in violation of its provisions in a criminal proceeding, it requires a 23 vote of the Legislature.
Chaptered by Secretary of State. Chapter 651, Statutes of 2015.
Approved by the Governor.
Enrolled and presented to the Governor at 10:45 p.m.
Assembly amendments concurred in. (Ayes 34. Noes 4. Page 2644.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 57. Noes 13. Page 2974.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Action rescinded whereby the bill was read a third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass as amended. (Ayes 15. Noes 0.) (August 27).
Read second time and amended. Ordered to second reading.
August 19 set for first hearing. Placed on APPR. suspense file.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 14). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Read second time and amended. Re-referred to Com. on PUB. S.
From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 9. Noes 0.) (June 23).
Referred to Coms. on P. & C.P. and PUB. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 1301.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1148.) (May 28).
Set for hearing May 28.
April 27 hearing: Placed on APPR. suspense file.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Set for hearing April 27.
April 20 hearing postponed by committee.
Set for hearing April 20.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 404.) (March 24). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Set for hearing March 24.
From printer. May be acted upon on or after March 12.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB178 | HTML |
| 02/09/15 - Introduced | |
| 03/16/15 - Amended Senate | |
| 04/22/15 - Amended Senate | |
| 06/02/15 - Amended Senate | |
| 06/24/15 - Amended Assembly | |
| 07/07/15 - Amended Assembly | |
| 08/17/15 - Amended Assembly | |
| 08/28/15 - Amended Assembly | |
| 09/04/15 - Amended Assembly | |
| 09/10/15 - Enrolled | |
| 10/08/15 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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