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AB-39 Search warrants: electronic submission.(2015-2016)



SECTION 1.

 Section 1526 of the Penal Code is amended to read:

1526.
 (a) Before  The magistrate, before  issuing the search  warrant, the magistrate  may examine on oath the person seeking the warrant and any witnesses the person may produce, and shall take his or her affidavit or their affidavits in writing, and cause the affidavit or affidavits to be subscribed by the party or parties making them. If the affiant transmits the proposed search warrant and all affidavits and supporting documents to the magistrate using facsimile transmission equipment, email, or computer server, the conditions in subdivision (c) apply. 
(b) In lieu of the written affidavit required in subdivision (a), the magistrate may take an oral statement under oath under one of the following conditions:
(b) (1)  In lieu of the written affidavit required in subdivision (a), the magistrate may take an oral statement under oath if the oath is  The oath shall be  made under penalty of perjury and recorded and transcribed. The transcribed statement shall be deemed to be an affidavit for the purposes of this chapter. The  In these cases, the  recording of the sworn oral statement and the transcribed statement shall be certified by the magistrate receiving it and shall be filed with the clerk of the court. In the alternative,  alternative in these cases,  the sworn oral statement shall be recorded by a certified court reporter and the transcript of the statement shall be certified by the reporter, after which the magistrate receiving it shall certify the transcript which shall be filed with the clerk of the court.
(2) The oath is made using telephone and facsimile transmission equipment, telephone and electronic mail, or telephone and computer server, as follows:
(c) (A)  (1)  The affiant shall sign under penalty of perjury  oath is made during a telephone conversation with the magistrate, after the affiant has signed  his or her affidavit in support of probable cause for issuance of a search warrant.  the application for the search warrant and transmitted the proposed search warrant and all supporting affidavits and documents to the magistrate.  The affiant’s signature may be in the form of a digital signature or electronic signature if email  electronic mail  or computer server is used for transmission to the magistrate.
(2) (B)  The magistrate shall confirm with the affiant the receipt of the search warrant and the supporting affidavits and attachments. The magistrate shall  verify that all the pages sent have been received, that all the  pages are legible, and that the declarant’s affiant’s  signature, digital signature, or electronic signature is acknowledged as  genuine.
(3) (C)  If the magistrate decides to issue the search warrant, he or she shall do both of the following: shall: 
(A) (i)  Sign the warrant. The magistrate’s signature may be in the form of a digital signature or electronic signature if email  electronic mail  or computer server is used for transmission by the magistrate.
(B) (ii)  Note on the warrant the exact  date and time of the issuance of the warrant.
(iii) Indicate on the warrant that the oath of the affiant was administered orally over the telephone.
(4) (D)  The magistrate shall transmit via facsimile transmission equipment, email,  electronic mail,  or computer server server,  the signed search warrant to the affiant. The completed  search warrant  warrant, as  signed by the magistrate and received by the affiant affiant,  shall be deemed to be the original warrant. The original warrant and any affidavits or attachments in support thereof shall be returned as provided in Section 1534.