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CA AB904

Bill

Status

Passed

9/11/2020

Primary Sponsor

Edwin Chau

Click for details

Origin

State Assembly

2019-2020 Session

AI Summary

  • Expands the definition of "tracking device" under Penal Code Section 1534 to include software, in addition to electronic or mechanical devices, that permits tracking the movement of a person or object.

  • Tracking device search warrants must identify the person or property being tracked and specify a reasonable length of time not to exceed 30 days, with court authorization for extensions of up to 30 days each.

  • Officers executing tracking device warrants must file a return within 10 calendar days after the device use ends and notify the tracked person or property owner within 10 calendar days, unless notice is delayed under Penal Code Section 1546.2.

  • Tracking device installation is authorized only during daytime hours (6 a.m. to 10 p.m.) unless a magistrate expressly authorizes otherwise, and installation must occur within 10 days of warrant issuance.

  • Officers may install and use tracking devices only within California and are not required to knock and announce their presence before executing the warrant.

Legislative Description

Search warrants: tracking devices.

Last Action

Chaptered by Secretary of State - Chapter 63, Statutes of 2020.

9/11/2020

Committee Referrals

Public Safety6/23/2020
Rules1/28/2020
Privacy and Consumer Protection1/9/2020
Public Safety3/7/2019

Full Bill Text

No bill text available