California Assembly Bill AB1948

California 2017-2018 Regular Session

• Introduced: 1/29/18
• Refer: 2/8/18
• Report Pass: 3/6/18
• Refer: 3/6/18
• Refer: 4/4/18
• Report Pass: 5/25/18
• Engrossed: 5/29/18
• Refer: 5/30/18
• Refer: 6/7/18
• Report Pass: 6/20/18
• Refer: 6/20/18
• Refer: 7/2/18
• Report Pass: 8/17/18
• Enrolled: 8/27/18
• Chaptered: 9/7/18
• Passed: 9/7/18

Caption

Interception of electronic communications.

Impact

The introduction of AB 1948 underscores a proactive approach to law enforcement's ability to combat drug trafficking, particularly enhancements that address the specific dangers presented by fentanyl. This legislative change signifies a recognition of the current drug crisis and aims to equip authorities with necessary judicial powers to intercept communications, thereby facilitating the investigation and prosecution processes. The implications of this bill could lead to increased interception orders granted by courts, which may contribute to a greater number of arrests and prosecutions related to fentanyl distribution and use.

Summary

Assembly Bill 1948, introduced by Jones-Sawyer, amends Section 629.52 of the Penal Code in California, specifically addressing the interception of electronic communications related to criminal activity. The core enhancement of this bill is the inclusion of fentanyl as a controlled substance for which law enforcement can seek court authorization to intercept communications. This measure aims to bolster efforts against the trafficking of fentanyl, which has seen a concerning rise in prevalence and associated fatalities across the state and nation. By expanding the criteria under which electronic surveillance can be applied, this bill strives to provide law enforcement agencies with essential tools to combat drug-related crimes effectively.

Sentiment

The general sentiment around AB 1948 appears to be supportive, particularly among lawmakers and law enforcement officials who view the inclusion of fentanyl as a critical step in addressing a significant public health crisis. There is a consensus on the need to empower law enforcement with additional tools to thwart the trafficking of drugs that pose immediate risks to communities. However, there may also be concerns regarding the potential for overreach and the implications this may have for privacy rights. Balancing effective law enforcement against potential civil liberties infringements remains a critical discussion point among some lawmakers and civil rights groups.

Contention

Opponents to such measures often argue that increasing surveillance powers can lead to abuse and may infringe on individual privacy rights. The debate may also involve discussions on the thresholds of 'probable cause' required for interception and whether the heightened powers could lead to undue governmental overreach. While supporters emphasize the necessity of these tools to combat a prevalent and deadly substance, critics assert that robust checks and balances are essential to protect citizens from potential violations of their civil liberties and to ensure proportional applications of such measures.