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CA SB1434

Bill

Status

Vetoed

9/30/2012

Primary Sponsor

Mark Leno

Click for details

Origin

Senate

2011-2012 Session

AI Summary

SB 1434 Summary

  • Requires government entities to obtain a valid search warrant from a magistrate before accessing location information of electronic devices, with warrants limited to 30 days or 10 days after issuance, whichever is shorter.

  • Permits warrant extensions only upon judicial finding of continuing probable cause and necessity, with each extension not exceeding 30 days.

  • Allows warrantless disclosure of location information in limited circumstances: emergency calls for service, with informed consent of device owner/user, with consent of legal guardian/next of kin for deceased or missing persons, or in emergencies involving immediate danger of death or serious physical injury.

  • Requires government entities seeking location information in emergencies to file a written statement with the court within 48 hours explaining the facts and emergency circumstances.

  • Prohibits evidence obtained in violation of these provisions from being admissible in civil or administrative proceedings and bars lawsuits against corporations or persons providing location information in compliance with the law.

Legislative Description

Location information: warrants.

Last Action

In Senate. Consideration of Governor's veto pending.

9/30/2012

Committee Referrals

Public Safety4/9/2012
Rules2/24/2012

Full Bill Text

No bill text available