Jay Obernolte
- Republican
Author
(1) Existing law governs the procedure for issuing a warrant of arrest and requires that a declaration in support of a warrant of probable cause for arrest be a sworn statement made in writing. Existing law authorizes a magistrate to take an oral statement under oath in lieu of the written declaration if the oath is taken under penalty of perjury and recorded and transcribed, or, in the alternative, made during a telephone conversation with the magistrate. If the oath was made during a telephone conversation, existing law requires the magistrate to carry out specified duties in connection with issuing the warrant of arrest, as specified. Existing law deems the warrant signed by the magistrate to be the original warrant and the copy of the document transmitted to the declarant to be a duplicate. This bill would delete the authority of a magistrate to take an oral statement under oath made during a telephone conversation in lieu of a declaration in support of a warrant of probable cause for arrest and would eliminate specified related procedural duties of the magistrate. The bill would deem the warrant that is signed by the magistrate and received by the declarant to be the original warrant. The bill would make technical and conforming changes. (2) Existing law requires a search warrant to be issued upon probable cause, supported by a written affidavit, and governs the process for issuing a search warrant. Existing law authorizes a magistrate to take an oral statement under oath in lieu of a written affidavit if the oral statement is made under penalty of perjury or, in the alternative, made during a telephone conversation with the magistrate. Existing law requires the magistrate to carry out specified duties in issuing a search warrant. This bill would delete the authority of a magistrate to take an oral statement under oath made during a telephone conversation and would eliminate related procedural duties of the magistrate, as specified. The bill would make related and conforming changes.
Chaptered by Secretary of State - Chapter 176, Statutes of 2018.
Approved by the Governor.
Enrolled and presented to the Governor at 11:30 a.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6142.).
Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 5109.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 3 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0.) (June 26).
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.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4824.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (April 10).
From printer. May be heard in committee March 18.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2710 | HTML |
| 02/15/18 - Introduced | |
| 04/16/18 - Amended Assembly | |
| 06/13/18 - Amended Senate | |
| 08/07/18 - Enrolled | |
| 08/20/18 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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