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