Wiretapping: authorization.

Existing law establishes a procedure for the application for, and issuance of, an order authorizing the interception of a wire, electronic pager, or electronic cellular telephone communication, as those terms are defined, and, among other things, establishes additional provisions regarding those interceptions for purposes of criminal proceedings. Existing law requires the Attorney General to prepare and submit an annual report to the Legislature, the Judicial Council, and the Director of the Administrative Office of the United States Court regarding these interceptions, as specified. The report is required to include, among other things, a general description of the interceptions made under the order or extension, including the approximate nature and frequency of incriminating communications intercepted, the approximate nature and frequency of other communications intercepted, the approximate number of persons whose communications were intercepted, and the approximate nature, amount, and cost of the manpower and other resources used in the interceptions. Existing law provides that a violation of these provisions is punishable as a misdemeanor with specified penalties, or as a felony. Existing law further provides that all of these provisions shall remain in effect until January 1, 2012. This bill would extend the operation of these provisions until January 1, 2015. This bill would further revise the reporting requirement to require the report to include, among other things, a general description of the interceptions made under the order or extension, including the number of persons whose communications were intercepted, the number of communications intercepted, the percentage of incriminating communications intercepted and the percentage of other communications intercepted, and the approximate nature, amount, and cost of the manpower and other resources used in the interceptions. By extending the operation of provisions of law creating a crime, 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.