AB 1004 - An Act to Amend Section 817 of the Penal Code, Relating to Crimes.

Criminal procedure. 2013-2014 Legislature. View bill details
Author(s):
Summary:
Existing law requires that a declaration in support of the warrant of probable cause for arrest be a sworn statement made in writing. Existing law also authorizes the magistrate to take an oral statement under oath under specified conditions that provide for the use of facsimile transmission equipment or electronic mail if prescribed conditions are met, including, but not limited to, the… More
Existing law requires that a declaration in support of the warrant of probable cause for arrest be a sworn statement made in writing. Existing law also authorizes the magistrate to take an oral statement under oath under specified conditions that provide for the use of facsimile transmission equipment or electronic mail if prescribed conditions are met, including, but not limited to, the inclusion of the declarant’s digital signature.

This bill would specify that the declaration may be by telephone and computer server and that the signature may be an electronic signature, and would make conforming changes.

Existing law requires the magistrate to print related electronic documents and sign the warrant if the warrant is granted.

This bill would require, if the documents are received by electronic mail or computer server, that these documents be subsequently printed and would specify that the magistrate’s signature may be in the form of a digital signature or an electronic signature. Hide
 
Status:
The bill has become law (chaptered). 
Senate Vote: On Passage

PASSED on September 9, 2013.

voted YES: 38 voted NO: 0
1 voted present/not voting

An Act to Amend Section 817 of the Penal Code, Relating to Crimes.

AB 1004 — 2013-2014 Legislature

Summary
Existing law requires that a declaration in support of the warrant of probable cause for arrest be a sworn statement made in writing. Existing law also authorizes the magistrate to take an oral statement under oath under specified conditions that provide for the use of facsimile transmission equipment or electronic mail if prescribed conditions are met, including, but not limited to, the inclusion of the declarant’s digital signature.

This bill would specify that the declaration may be by telephone and computer server and that the signature may be an electronic signature, and would make conforming changes.

Existing law requires the magistrate to print related electronic documents and sign the warrant if the warrant is granted.

This bill would require, if the documents are received by electronic mail or computer server, that these documents be subsequently printed and would specify that the magistrate’s signature may be in the form of a digital signature or an electronic signature.
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 817 of the Penal Code, Relating to Crimes.
Author(s)
Adam Gray
Co-Authors
    Subjects
    • Criminal procedure
    Major Actions
    Introduced2/22/2013
    Referred to Committee
    Passed Assembly Committee on Public Safety5/07/2013
    Passed Assembly5/23/2013
    Passed Senate Committee on Public Safety6/18/2013
    Passed Senate9/09/2013
    Presented to the governor (enrolled)9/25/2013
    Became law (chaptered).10/01/2013
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on Public SafetyDo pass as amended, to Consent Calendar.5/07/2013This motion PASSED the Assembly Committee on Public Safety
    7 voted YES 0 voted NO 0 voted present/not voting
    select this voteAssemblyAB 1004 GRAY Consent Calendar Second Day Regular Session5/23/2013This bill PASSED the Assembly
    74 voted YES 0 voted NO 4 voted present/not voting
    select this voteSenate Committee on Public SafetyDo pass.6/18/2013This motion PASSED the Senate Committee on Public Safety
    6 voted YES 0 voted NO 1 voted present/not voting
    currently selectedSenateAssembly 3rd Reading AB1004 Gray By Galgiani9/09/2013This bill PASSED the Senate
    38 voted YES 0 voted NO 1 voted present/not voting
    ActionDateDescription
    Introduced2/22/2013
    2/22/2013Introduced. To print.
    2/24/2013From printer. May be heard in committee March 26.
    2/25/2013Read first time.
    3/21/2013Referred to Com. on PUB. S. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
    4/01/2013Re-referred to Com. on PUB. S.
    select this voteVote5/07/2013Do pass as amended, to Consent Calendar.
    5/14/2013From committee: Do pass as amended. To consent calendar. (Ayes 7. Noes 0.) (May 7).
    5/15/2013Read second time and amended. Ordered to second reading.
    5/16/2013Read second time. Ordered to consent calendar.
    5/23/2013Read third time. Passed. Ordered to the Senate.
    5/23/2013In Senate. Read first time. To Com. on RLS. for assignment.
    select this voteAssembly Vote on Passage5/23/2013AB 1004 GRAY Consent Calendar Second Day Regular Session
    6/06/2013Referred to Com. on PUB. S.
    6/18/2013From committee: Do pass. (Ayes 6. Noes 0.) (June 18).
    select this voteVote6/18/2013Do pass.
    6/19/2013Read second time. Ordered to third reading.
    9/09/2013Read third time. Passed. Ordered to the Assembly.
    9/09/2013In Assembly. Ordered to Engrossing and Enrolling.
    currently selectedSenate Vote on Passage9/09/2013Assembly 3rd Reading AB1004 Gray By Galgiani
    9/25/2013Enrolled and presented to the Governor at 4:30 p.m.
    10/01/2013Approved by the Governor.
    10/01/2013Chaptered by Secretary of State - Chapter 460, Statutes of 2013.

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    An Act to Amend Section 817 of the Penal Code, Relating to Crimes.: Assembly 3rd Reading AB1004 Gray By Galgiani

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    Joel AndersonRCA-36$0$0Yes
    Jim BeallDCA-15$0$0Yes
    Tom BerryhillRCA-14$0$0Yes
    Marty BlockDCA-39$0$0Yes
    Ron CalderonDCA-30$0$0Yes
    Anthony CannellaRCA-12$0$0Yes
    Ellen CorbettDCA-10$0$0Yes
    Lou CorreaDCA-34$0$0Yes
    Kevin De LeonDCA-22$0$0Yes
    Mark DeSaulnierDCA-7$0$0Yes
    Bill EmmersonRCA-23$0$0Yes
    Noreen EvansDCA-2$0$0Yes
    Jean FullerRCA-18$0$0Yes
    Ted GainesRCA-1$0$0Yes
    Cathleen GalgianiDCA-5$0$0Yes
    Loni HancockDCA-9$0$0Yes
    Ed HernandezDCA-24$0$0Yes
    Jerry HillDCA-13$0$0Yes
    Ben HuesoDCA-40$0$0Yes
    Bob HuffRCA-29$0$0Yes
    Hannah-Beth JacksonDCA-19$0$0Yes
    Steve KnightRCA-21$0$0Yes
    Ricardo LaraDCA-33$0$0Yes
    Mark LenoDCA-11$0$0Yes
    Ted LieuDCA-28$0$0Yes
    Carol LiuDCA-25$0$0Yes
    Bill MonningDCA-17$0$0Yes
    Jim NielsenRCA-4$0$0Yes
    Alex PadillaDCA-20$0$0Yes
    Fran PavleyDCA-27$0$0Yes
    Richard RothDCA-31$0$0Yes
    Darrell SteinbergDCA-6$0$0Yes
    Norma TorresDCA-32$0$0Yes
    Andy VidakRCA-16$0$0Yes
    Mimi WaltersRCA-37$0$0Not Voting
    Lois WolkDCA-3$0$0Yes
    Rod WrightDCA-35$0$0Yes
    Mark WylandRCA-38$0$0Yes
    Leland YeeDCA-8$0$0Yes

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