BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 49
                                                                  Page  1

          Date of Hearing:  February 25, 2003
          Counsel:               Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                  Mark Leno, Chair

                 AB 49 (Simitian) - As Introduced:  December 2, 2002


           SUMMARY  :   Creates the California Cyber Crimes Task Force  
          comprised of each regional task force participating in the High  
          Technology Theft Apprehension and Prosecution Program (HTTAPP).   
          Specifically,  this bill  :  

          1)Creates the California Cyber Crimes Task Force comprised of  
            each regional task force participating in the HTTAPP.

          2)Expands the goals of the HTTAPP to include the apprehensions  
            and prosecution of groups engaged in the unlawful access,  
            disruption, or destruction of public utilities or other state  
            infrastructure.

          3)Deletes a designee of the Science and Technology Agency from  
            the HTTAPP Advisory Committee.

          4)Requires that each regional task force participating in the  
            HTTAPP to be identified by a name that is appropriate to the  
            region that it serves.

           EXISTING LAW  :

          1)Establishes the HTTAPP, a program of financial and technical  
            assistance for law enforcement and district attorneys'  
            offices, and for the distribution of funds to develop regional  
            high technology crime units in California law enforcement  
            agencies.  (Penal Code Section 13848 et seq.)

          2)Provides that all funding for the HTTAPP be appropriated to  
            the Office of Criminal Justice Planning (OCJP) to be disbursed  
            by the executive director of OCJP in consultation with the  
            High Technology Crime Advisory Committee (HTCAC).  [Penal Code  
            Section 13848.2(a).]

          3)Establishes the HTTAPP Trust Fund, under the direction of the  








                                                                  AB 49
                                                                  Page  2

            executive director, and requires that moneys in this fund be  
            used to enhance the capacity of local law enforcement and  
            prosecutors to deter, investigate, and prosecute high  
            technology related crimes.  [Penal Code Section 13948.4(a) and  
            (b)].

          4)Establishes the HTCAC for the purpose of formulating a  
            comprehensive strategy for addressing high technology crime  
            throughout California and to advise OCJP on the appropriate  
            disbursement of funds to regional task forces.  (Penal Code  
            Section 13848.6.)





          5)Requires the HTCAC strategy to include the following goals:

             a)   To apprehend and prosecute criminal organizations,  
               networks, and groups engaged in the theft of computer  
               components, high technology products, and  
               telecommunications services; counterfeiting of negotiable  
               instruments with computer technology; and the creation and  
               distribution of counterfeit software;

             b)   To apprehend and prosecute groups engaged in the  
               unlawful access, destruction, or unauthorized entry into  
               and use of private, corporate or government computers and  
               networks and the theft, destruction or unauthorized  
               disclosure of the data stored in those computers;

             c)   To apprehend and prosecute individuals engaged in the  
               theft of trade secrets; and, 

             d)   To investigate and prosecute high technology crime cases  
               requiring cooperation and coordination between regional  
               task forces and local, state, and federal law enforcement  
               agencies.  [Penal Code Section 13848.6(b).]

           FISCAL EFFECT :  Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "This bill  
            creates the California Cyber Cop program, with five regional  








                                                                  AB 49
                                                                  Page  3

            programs in the Silicon Valley, Bay Area, Los Angeles, San  
            Diego, and the Sacramento Valley.  High-tech crimes addressed  
            by the program include sexual exploitation of children over  
            the Internet, cyberterrorism of banking and other financial  
            infrastructures, stalking, counterfeiting, and identity theft.  
              High technology crime is the fastest growing crime in  
            America, and high technology detective work is used in the  
            investigations of crimes ranging from the most violent murders  
            to the most common fraud.  Even if a computer is not used to  
            commit a crime, it can hold valuable evidence in its memory.

            "This bill updates the mission of California's high-tech law  
            enforcement program, and provides statutory authorization to  
            the program to protect public utilities and computer systems  
            located within California.  This bill enables California's  
            high-tech detectives to investigate computer intrusions  
            similar to the breach of the Teale Data Center which impacted  
            265,000 state employees, and to protect state facilities  
            against cyberterrorism."

           2)Prior Legislation  :  AB 1211 (La Suer), of the 2001-02  
            Legislative Session, required that specific conditions of  
            probation be imposed when probation is granted for the  
            commission of high technology crimes, and established the  
            HTLTF to aid in the investigation and prosecution of high  
            technology crimes.  AB 1211 was held on the Assembly  
            Appropriations Committee Suspense File.

          AB 1858 (La Suer), of the 2001-02 Legislative Session,  
            established the HTLTF within the General Fund for the purpose  
            of defraying the costs of a computer forensic analysis or  
            other analysis of electronic or computer evidence related to  
            the investigation or prosecution of a high technology crime.   
            AB 1858 was gutted in the Senate Public Safety Committee.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Peace Officers' Association

           Opposition 
           
          None on File
           








                                                                 AB 49
                                                                  Page  4


          Analysis Prepared by  : Gregory Pagan / PUB. S. / (916) 319-3744