Criminal procedure: wiretapping: authorization and disclosure.
Summary
Existing law establishes a procedure for a prosecutor to apply for, and the court to issue, an order authorizing law enforcement to intercept a wire or electronic communication. Under existing law, in accordance with the procedures described above, the Attorney General, a deputy attorney general, district attorney, or deputy district attorney, or a peace officer who has obtained knowledge of the contents of any wire or electronic communication may disclose the contents, under specified circumstances, to a judge or magistrate, or to a state or federal investigative or law enforcement officer, if that disclosure is appropriate to the proper performance of the official duties of the individual making or receiving the disclosure. Existing law also prohibits a peace officer or federal law enforcement officer from disclosing or using the contents of intercepted wire or electronic communications relating to crimes other than certain enumerated crimes, such as murder, human trafficking, and violent felonies, and those specified in the order of authorization, except to prevent the commission of a public offense. This bill would authorize a peace officer or federal law enforcement officer to disclose those contents if they relate to grand theft involving a firearm or maliciously exploding or igniting a destructive device or any explosive causing bodily injury, mayhem or great bodily injury, or death. The bill would also authorize a peace officer or federal law enforcement officer to disclose those contents if they relate to a crime involving a peace officer and are disclosed in an administrative or disciplinary hearing. If an agency employing a peace officer uses those contents as evidence in an administrative or disciplinary proceeding, the bill would require the number of proceedings and the offenses for which the evidence was used to be reported to the Attorney General. The bill would require the Attorney General to report this information to the Legislature, as provided.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2019
Committee Review
Aug 2019
Senate Passage
Apr 2019
Assembly Passage
Sep 2019
Signed into Law
Oct 2019
Introduced Feb 21, 2019
Signed Oct 8, 2019
Floor votes · Senate Apr 8, 2019 · Assembly Sep 5, 2019
How they voted
34–0
Passed
Total votes 34
Apr 8, 2019
D
Democratic26
100% Yea
R
Republican8
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
27
Key actions
9
Committee
6
Amendments
4
Oct 8, 2019
Signed into law
Approved by the Governor.
legislature
Sep 6, 2019
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2610.) Ordered to engrossing and enrolling.
upper
Sep 5, 2019
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 5, 2019
Lower · Passed
Read third time. Passed. (Ayes 78. Noes 1. Page 3041.) Ordered to the Senate.
lower
Aug 30, 2019
Lower · Passed
Read third time and amended.
lower
Aug 21, 2019
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 21).
lower
Aug 13, 2019
Committee
Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
lower
Jul 11, 2019
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Jul 10, 2019
Lower · Passed
From committee: Do pass as amended. (Ayes 8. Noes 0.) (July 9).
lower
May 2, 2019
Committee
Referred to Com. on PUB. S.
lower
Apr 8, 2019
Upper · Passed
Read third time. Passed. (Ayes 38. Noes 0. Page 593.) Ordered to the Assembly.
upper
Apr 2, 2019
Upper · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 6. Noes 0. Page 526.) (April 2).
upper
Mar 7, 2019
Committee
Referred to Com. on PUB. S.
upper
Feb 21, 2019
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Tom Umberg
DDemocratic
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