Bill Text: CA AB156 | 2013-2014 | Regular Session | Amended
Bill Title: Human trafficking: interception of electronic communications.
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Introduced - Dead) 2014-02-03 - From committee without further action pursuant to Joint Rule 62(a). [AB156 Detail]
Download: California-2013-AB156-Amended.html
BILL NUMBER: AB 156 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 6, 2013
INTRODUCED BY Assembly Member Holden
( Coauthors: Assembly Members
Brown, V. Manuel Pérez, Wilk,
and Yamada )
( Coauthors: Senators
Cannella, Gaines, Lieu, Liu,
and Padilla )
JANUARY 22, 2013
An act to amend Section 629.52 of the Penal Code, relating to
human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 156, as amended, Holden. Human trafficking: interception of
electronic communications.
(1) Existing law authorizes, until January 1, 2015, the Attorney
General, or other specified prosecuting officers at the Department of
Justice, or a district attorney, to apply for, and a judge to enter,
an ex parte order authorizing interception of wire or electronic
communications under certain circumstances. Existing law authorizes a
judge to enter an order authorizing the interception of
communications initially intercepted within the territorial
jurisdiction of the court in which the judge is sitting, if the judge
determines that, among other things, there is probable cause to
believe that an individual is committing, has committed, or is about
to commit one of specified felony offenses, including murder and the
illegal possession or sale of controlled substances.
Existing law proscribes the crime of human trafficking, as defined
to include, among other prohibited acts, depriving or violating the
personal liberty of another with the intent to obtain forced labor or
services or to effect or maintain a specified criminal offense, or
inducing or persuading a minor to engage in a commercial sex act.
This bill would expand the provisions described above authorizing
interception of wire or electronic communications to apply if a judge
determines that, among other things, there is probable cause to
believe that an individual is committing, has committed, or is about
to commit a violation of the provision described above proscribing
human trafficking.
(2) Existing law specifies obligations for parties applying for
and carrying out orders to intercept communications pursuant to the
provision described above, and makes a violation of these provisions
a misdemeanor or felony.
This bill would broaden the types of communications to which these
crimes would apply. By creating new crimes, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 629.52 of the Penal Code is amended to read:
629.52. Upon application made under
pursuant to Section 629.50, the judge may enter an ex parte
order, as requested or modified, authorizing interception of wire or
electronic communications initially intercepted within the
territorial jurisdiction of the court in which the judge is sitting,
if the judge determines, on the basis of the facts submitted by the
applicant, all of the following:
(a) There is probable cause to believe that an individual is
committing, has committed, or is about to commit, one of the
following offenses:
(1) Importation, possession for sale, transportation, manufacture,
or sale of controlled substances in violation of Section 11351,
11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6
of the Health and Safety Code with respect to a substance containing
heroin, cocaine, PCP, methamphetamine, or their precursors or analogs
where the substance exceeds 10 gallons by liquid volume or three
pounds of solid substance by weight.
(2) Murder, solicitation to commit murder, a violation of Section
209, or the commission of a felony involving a destructive device in
violation of Section 18710, 18715, 18720, 18725, 18730, 18740, 18745,
18750, or 18755.
(3) Any felony violation of Section 186.22.
(4) Any felony violation of Section 11418, relating to weapons of
mass destruction, Section 11418.5, relating to threats to use weapons
of mass destruction, or Section 11419, relating to restricted
biological agents.
(5) Any violation of Section 236.1, relating to human trafficking.
(6) An attempt or conspiracy to commit any of the above-mentioned
crimes.
(b) There is probable cause to believe that particular
communications concerning the illegal activities will be obtained
through that interception, including, but not limited to,
communications that may be utilized for locating or rescuing a kidnap
victim.
(c) There is probable cause to believe that the facilities from
which, or the place where, the wire or electronic communications are
to be intercepted are being used, or are about to be used, in
connection with the commission of the offense, or are leased to,
listed in the name of, or commonly used by the person whose
communications are to be intercepted.
(d) Normal investigative procedures have been tried and have
failed or reasonably appear either to be unlikely to succeed if tried
or to be too dangerous.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.
