Section 1326.1 Of Chapter 3. Compelling The Attendance Of Witnesses From California Penal Code >> Title 10. >> Part 2. >> Chapter 3.
1326.1
. (a) An order for the production of utility records in
whatever form and however stored shall be issued by a judge only upon
a written ex parte application by a peace officer showing specific
and articulable facts that there are reasonable grounds to believe
that the records or information sought are relevant and material to
an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
The ex parte application shall specify with particularity the
records to be produced, which shall be only those of the individual
or individuals who are the subject of the criminal investigation. The
ex parte application and any subsequent judicial order shall be open
to the public as a judicial record unless ordered sealed by the
court, for a period of 60 days. The sealing of these records may be
extended for 60-day periods upon a showing to the court that it is
necessary for the continuance of the investigation. Sixty-day
extensions may continue for up to one year or until termination of
the investigation of the individual or individuals, whichever is
sooner. The records ordered to be produced shall be returned to the
peace officer applicant or his or her designee within a reasonable
time period after service of the order upon the holder of the utility
records.
(b) As used in subdivision (a), "utility records" include, but are
not limited to, subscriber information, telephone or pager number
information, toll call records, call detail records, automated
message accounting records, billing statements, payment records, and
applications for service in the custody of companies engaged in the
business of providing telephone, pager, electric, gas, propane,
water, or other like services. "Utility records" do not include the
installation of, or the data collected from the installation of pen
registers or trap-tracers, nor the contents of a wire or electronic
communication.
(c) Nothing in this section shall preclude the holder of the
utility records from notifying a customer of the receipt of the order
for production of records unless a court orders the holder of the
utility records to withhold notification to the customer upon a
finding that this notice would impede the investigation. Where a
court has made an order to withhold notification to the customer
under this subdivision, the peace officer or law enforcement agency
who obtained the utility records shall notify the customer by
delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(d) No holder of utility records, or any officer, employee, or
agent thereof, shall be liable to any person for (A) disclosing
information in response to an order pursuant to this section, or (B)
complying with an order under this section not to disclose to the
customer, the order or the dissemination of information pursuant to
the order.
(e) Nothing in this section shall preclude the holder of the
utility records from voluntarily disclosing information or providing
records to law enforcement upon request.
(f) Utility records released pursuant to this section shall be
used only for the purpose of criminal investigations and
prosecutions.