Existing law authorizes a court to issue various orders relating to criminal investigations, including the interception of wire or electronic communications, the installation and use of a pen register or trap and trace device, or a search warrant upon specified grounds. Existing law prohibits the issuance of any orders or warrants for the purpose of investigating or recovering evidence of a prohibited violation, as defined. Existing law requires an out-of-state warrant for specified records to include an attestation that the evidence sought is not related to an investigation into, or enforcement of, a prohibited violation.
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Existing law prohibits the production of records by a California corporation when the corporation knows or should know that the out-of-state warrant relates to an investigation into, or enforcement of, a prohibited violation.
This bill would include exercising any rights protected by the First Amendment to the United States Constitution within the definition of "prohibited violation." The bill would expand the prohibition on the production of records relating to investigation into, or enforcement of, prohibited violations to federal court orders.
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More on this bill
Where it stands
Introduced
Passed Assembly
Passed Senate
To Governor
Became Law
Looking ahead
No hearings or votes scheduled.
History
2026
Sep 20Chaptered by Secretary of State - Chapter 405, Statutes of 2026.Latest