Bill Text: CA SB1271 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Personal Income Tax Law: cancellation of indebtedness: student loan forgiveness.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 841, Statutes of 2014. [SB1271 Detail]

Download: California-2013-SB1271-Amended.html

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BILL NUMBER: SB 1271	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 22, 2014

INTRODUCED BY   Senator Leno
    (   Coauthors:   Senators  
Anderson,   DeSaulnier,   Gaines,   and
Steinberg   ) 
    (   Coauthor:   Assembly Member  
Ammiano   ) 

                        FEBRUARY 21, 2014

   An act to  amend Section 26004 of the Public Resources
Code, relating to energy.   add Section 1542.  
7 to the Penal Code, relating to search warrants. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1271, as amended, Leno.  Energy: alternative energy and
advanced transportation.   Search warr   ants:
portable electronic devices.  
   Existing law prohibits a search warrant from being issued unless
based 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 place to
be searched. Existing case law generally prohibits arresting officers
from searching the contents of a cellular telephone taken from a
suspect during an arrest without a warrant.  
   This bill would prohibit the search of information contained in a
portable electronic device, as defined, by a law enforcement officer
incident to a lawful custodial arrest except pursuant to a warrant
issued by a duly authorized magistrate using established procedures.
 
   Existing law establishes the California Alternative Energy and
Advanced Transportation Financing Authority consisting of 5 members
and authorizes the authority to provide financial assistance to
projects related to the utilization of alternative energy sources or
advanced transportation technologies.  
   This bill would add two additional members to the authority, one
appointed by the Senate Committee on Rules and another appointed by
the Speaker of the Assembly. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    It is the intent of the Legislature, in
enacting Section 1542.7 of the Penal Code, to further public policy,
codify the decision in Riley v. California, 573 U.S. ___(2014), and
implement the provisions of Sections 1 and 13 of Article 1 of the
California Constitution and the Fourth Amendment of the United States
Constitution. 
   SEC. 2.    Section 1542.7 is added to the  
Penal Code   ,  immediately following Section 1542 
, to read:  
   1542.7.  (a) The information contained in a portable electronic
device is not subject to search by a law enforcement officer incident
to a lawful custodial arrest except pursuant to a warrant issued by
a duly authorized magistrate using the procedures established by this
chapter.
   (b) As used in this section, "portable electronic device" means
any portable device that is capable of creating, receiving,
accessing, or storing electronic data or communications.
   (c) Except as provided in subdivision (a), nothing in this section
curtails law enforcement reliance on other established exceptions to
the warrant requirement.  
  SECTION 1.    Section 26004 of the Public
Resources Code is amended to read:
   26004.  (a) There is in the state government the California
Alternative Energy and Advanced Transportation Financing Authority.
The authority constitutes a public instrumentality and the exercise
by the authority of powers conferred by this division is the
performance of an essential public function.
   (b) The authority shall consist of seven members, as follows:
   (1) The Director of Finance.
   (2) The Chairperson of the State Energy Resources Conservation and
Development Commission.
   (3) The President of the Public Utilities Commission.
   (4) The Controller.
   (5) The Treasurer, who shall serve as the chairperson of the
authority.
   (6) One person appointed by the Senate Committee on Rules.
   (7) One person appointed by the Speaker of the Assembly.
   (c) The members listed in paragraphs (1) to (5), inclusive, of
subdivision (b) may each designate a deputy or clerk in his or her
agency to act for and represent the member at all meetings of the
authority.
   (d) The first meeting of the authority shall be convened by the
Treasurer.