California 2019 2019-2020 Regular Session

California Assembly Bill AB304 Introduced / Bill

Filed 01/29/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 304Introduced by Assembly Member Jones-SawyerJanuary 29, 2019 An act to amend Section 629.98 of the Penal Code, relating to wiretapping. LEGISLATIVE COUNSEL'S DIGESTAB 304, as introduced, Jones-Sawyer. Wiretapping: authorization.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. Existing law requires the Attorney General to prepare and submit an annual report to the Legislature, the Judicial Council, and the Director of the Administrative Office of the United States Courts regarding these interceptions, as specified. Existing law makes a violation of these provisions punishable as a misdemeanor or as a felony. Existing law makes these provisions effective until January 1, 2020.This bill would extend the operation of these provisions until January 1, 2025. By extending the operation of provisions of law creating a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 629.98 of the Penal Code is amended to read:629.98. This chapter shall only remain in effect only until January 1, 2020, 2025, and as of that date is repealed.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 304Introduced by Assembly Member Jones-SawyerJanuary 29, 2019 An act to amend Section 629.98 of the Penal Code, relating to wiretapping. LEGISLATIVE COUNSEL'S DIGESTAB 304, as introduced, Jones-Sawyer. Wiretapping: authorization.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. Existing law requires the Attorney General to prepare and submit an annual report to the Legislature, the Judicial Council, and the Director of the Administrative Office of the United States Courts regarding these interceptions, as specified. Existing law makes a violation of these provisions punishable as a misdemeanor or as a felony. Existing law makes these provisions effective until January 1, 2020.This bill would extend the operation of these provisions until January 1, 2025. By extending the operation of provisions of law creating a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 304

Introduced by Assembly Member Jones-SawyerJanuary 29, 2019

Introduced by Assembly Member Jones-Sawyer
January 29, 2019

 An act to amend Section 629.98 of the Penal Code, relating to wiretapping. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 304, as introduced, Jones-Sawyer. Wiretapping: authorization.

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. Existing law requires the Attorney General to prepare and submit an annual report to the Legislature, the Judicial Council, and the Director of the Administrative Office of the United States Courts regarding these interceptions, as specified. Existing law makes a violation of these provisions punishable as a misdemeanor or as a felony. Existing law makes these provisions effective until January 1, 2020.This bill would extend the operation of these provisions until January 1, 2025. By extending the operation of provisions of law creating a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

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. Existing law requires the Attorney General to prepare and submit an annual report to the Legislature, the Judicial Council, and the Director of the Administrative Office of the United States Courts regarding these interceptions, as specified. Existing law makes a violation of these provisions punishable as a misdemeanor or as a felony. Existing law makes these provisions effective until January 1, 2020.

This bill would extend the operation of these provisions until January 1, 2025. By extending the operation of provisions of law creating a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 629.98 of the Penal Code is amended to read:629.98. This chapter shall only remain in effect only until January 1, 2020, 2025, and as of that date is repealed.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 629.98 of the Penal Code is amended to read:629.98. This chapter shall only remain in effect only until January 1, 2020, 2025, and as of that date is repealed.

SECTION 1. Section 629.98 of the Penal Code is amended to read:

### SECTION 1.

629.98. This chapter shall only remain in effect only until January 1, 2020, 2025, and as of that date is repealed.

629.98. This chapter shall only remain in effect only until January 1, 2020, 2025, and as of that date is repealed.

629.98. This chapter shall only remain in effect only until January 1, 2020, 2025, and as of that date is repealed.



629.98. This chapter shall only remain in effect only until January 1, 2020, 2025, and as of that date is repealed.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

### SEC. 2.