Measure sections — 9

The source did not record a date for this entry.

Section locator

preamble

Heading

Ordinal

1

Text

Bill Text - AB-1118 Criminal procedure: search warrants. skip to content home accessibility FAQ feedback sitemap login x Quick Search: Bill Number Bill Keyword Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Information >> Bill Search >> Text Bill Text Bill Information PDF2 Bill PDF | Add To My Favorites | Track Bill | Version: 03/27/25 - Amended Assembly 02/20/25 - Introduced AB-1118 Criminal procedure: search warrants. (2025-2026) Text >> Votes >> History >> Bill Analysis >> Today's Law As Amended >> Compare Versions >> Status >> Comments To Author >> Track Bill >> Add To My Favorites >> SHARE THIS: Date Published: 03/27/2025 09:00 PM AB1118:v98#DOCUMENT Bill Start Amended IN Assembly March 27, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1118 Introduced by Assembly Member Chen February 20, 2025 An act to amend Section 1524 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGEST AB 1118, as amended, Chen. Criminal procedure: search warrants. Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law describes search warrants and enumerates the grounds upon which a search warrant may be issued, including, without limitation, for property that was stolen or embezzled, or for property or things that were used to commit a felony. Existing law authorizes a defendant to move for the return of property or to suppress evidence obtained as a result of a search and seizure if the search or seizure was without a warrant and was unreasonable or, the search and seizure was with a warrant and certain criteria apply. Existing law provides for a hearing on the defendant’s motion where the court receives evidence and determines whether the evidence is inadmissible at any trial or other hearing, except as specified, or returns the property. This bill would allow a search warrant for stolen or embezzled property currency, as specified, to include an order for such property currency to be returned to a lawful owner identified in the warrant pursuant to specified procedures including a hearing, if requested, to determine that the property currency was stolen or embezzled, before it is returned to its owner. The bill would require an independent hearing, where the agency seizing the property currency would have the burden of proving, by a preponderance of the evidence, that the property currency was stolen or embezzled. The bill would require the agency seizing the property, no less than 10 days before returning the currency to the lawful owner, to notify the prosecuting authority in the jurisdiction where the embezzlement or theft may reasonably be prosecuted. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 1524 of the Penal Code, as added by Chapter 544 of the Statutes of 2024, is amended to read: 1524. (a) A search warrant may be issued upon any of the following grounds: (1) When the property was stolen or embezzled. (2) When the property or things were used as the means of committing a felony. (3) When the property or things are in the possession of a person with the intent to use them as a means of committing a public offense, or in the possession of another to whom that person may have delivered them for the purpose of concealing them or preventing them from being discovered. (4) When the property or things to be seized consist of an item or constitute evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony. (5) When the property or things to be seized consist of evidence that tends to show that sexual exploitation of a child, in violation of Section 311.3, or possession of matter depicting sexual conduct of a person under 18 years of age, in violation of Section 311.11, has occurred or is occurring. (6) When there is a warrant to arrest a person. (7) When a provider of electronic communication service or remote computing service has records or evidence, as specified in Section 1524.3, showing that property was stolen or embezzled constituting a misdemeanor, or that property or things are in the possession of a person with the intent to use them as a means of committing a misdemeanor public offense, or in the possession of another to whom that person may have delivered them for the purpose of concealing them or preventing their discovery. (8) When the property or things to be seized include an item or evidence that tends to show a violation of Section 3700.5 of the Labor Code or tends to show that a particular person has violated Section 3700.5 of the Labor Code. (9) When the property or things to be seized include a firearm or other deadly weapon at the scene of, or at the premises occupied or under the control of the person arrested in connection with, a domestic violence incident involving a threat to human life or a physical assault as provided in Section 18250. This section does not affect warrantless seizures otherwise authorized by Section 18250. (10) When the property or things to be seized include a firearm or other deadly weapon that is owned by, or in the possession of, or in the custody or control of, a person described in subdivision (a) of Section 8102 of the Welfare and Institutions Code. (11) When the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a person who is subject to the prohibitions regarding firearms or ammunition or both pursuant to Section 6389 of the Family Code, if a prohibited firearm or ammunition or both is possessed, owned, in the custody of, or controlled by a person against whom a protective order has been issued pursuant to Section 6218 of the Family Code, the person has been lawfully served with that order, and the person has failed to relinquish the firearm or ammunition or both as required by law. (12) When the information to be received from the use of a tracking device constitutes evidence that tends to show that either a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code has been committed or is being committed, tends to show that a particular person has committed a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code, or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code, or will assist in locating an individual who has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code. A tracking device search warrant issued pursuant to this paragraph shall be executed in a manner meeting the requirements specified in subdivision (b) of Section 1534. (13) When a sample of the blood of a person constitutes evidence that tends to show a violation of Section 23140, 23152, or 23153 of the Vehicle Code and the person from whom the sample is being sought has refused an officer’s request to submit to, or has failed to complete, a blood test as required by Section 23612 of the Vehicle Code, and the sample will be drawn from the person in a reasonable, medically approved manner. This paragraph is not intended to abrogate a court’s mandate to determine the propriety of the issuance of a search warrant on a case-by-case basis. (14) Beginning January 1, 2016, the property or things to be seized are firearms or ammunition or both that are owned by, in the possession of, or in the custody or control of a person who is the subject of a gun violence restraining order that has been issued purs

Start offset

0

End offset

20804

The same connections as a table, with the reason each one is here.