Location information: warrants.
Summary
Existing law authorizes a court or magistrate to issue a warrant for the search of a place and the seizure of property or things identified in the warrant where there is probable cause to believe that specified grounds exist. Existing law also provides for a warrant procedure for the acquisition of stored communications in the possession of a provider of electronic communication service or a remote computing service. This bill would prohibit a government entity, as defined, from obtaining the location information of an electronic device without a valid search warrant issued by a duly authorized magistrate unless certain exceptions apply, including in an emergency or when requested by the owner of the device. The bill would prohibit these provisions from creating a cause of action against any foreign or California corporation, its officers, employees, agents, or other persons, for providing location information. This bill would, with certain exceptions, prohibit the use of information obtained in violation of these provisions in a civil or administrative hearing.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Feb 2012
Committee Review
Aug 2012
Senate Passage
May 2012
Assembly Passage
Aug 2012
Vetoed
Sep 2012
Introduced Feb 24, 2012
Vetoed Sep 30, 2012
Floor votes · Senate May 30, 2012 · Assembly Aug 22, 2012
How they voted
26–6
Passed · 3 other
Total votes 35
May 30, 2012
D
Democratic23
91% Yea
R
Republican12
41% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
29
Key actions
5
Committee
4
Amendments
3
Sep 30, 2012
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Sep 30, 2012
Vetoed
Vetoed by the Governor.
upper
Aug 23, 2012
Upper · Passed
Assembly amendments concurred in. (Ayes 33. Noes 3. Page 4771.) Ordered to engrossing and enrolling.
upper
Aug 22, 2012
Assembly · Passed
Assembly Vote: pass (56-11-5)
assembly
Aug 22, 2012
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 6, 2012
Lower · Passed
From committee: Do pass as amended. (Ayes 6. Noes 0.) (July 3).
lower
Jun 7, 2012
Committee
Referred to Com. on PUB. S.
lower
May 30, 2012
Senate · Passed
Senate Vote: pass (26-6-3)
senate
Apr 30, 2012
Upper · Passed
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3313.) (April 24).
upper
Apr 9, 2012
Committee
Re-referred to Com. on PUB. S.
upper
Mar 22, 2012
Committee
Referred to Com. on RLS.
upper
Feb 24, 2012
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
ML
Mark Leno
DDemocratic
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