BILL ANALYSIS
AB 49
Page 1
ASSEMBLY THIRD READING
AB 49 (Simitian)
As Introduced December 2, 2002
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 25-0
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|Ayes:|Leno, La Suer, Bermudez, |Ayes:|Steinberg, Bates, Berg, |
| |Goldberg, Koretz, | |Calderon, Cohn, Corbett, |
| |Longville, Spitzer | |Correa, Daucher, Diaz, |
| | | |Firebaugh, Goldberg, |
| | | |Haynes, Leno, Maldonado, |
| | | |Nation, Negrete McLeod, |
| | | |Nu?ez, Pacheco, Pavley, |
| | | |Ridley-Thomas, Runner, |
| | | |Samuelian, Laird, |
| | | |Wiggins, Yee |
| | | | |
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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)Expands the goals of HTTAPP to include the apprehensions and
prosecution of groups engaged in the unlawful access,
disruption, or destruction of public utilities or other state
infrastructure.
2)Deletes a designee of the Science and Technology Agency from
the HTTAPP Advisory Committee.
3)Requires that each regional task force participating in HTTAPP
to be identified by a name that is appropriate to the region
that it serves.
EXISTING LAW :
1)Establishes 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.
AB 49
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2)Provides that all funding for 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).
3)Establishes the HTTAPP Trust Fund, under the direction of the
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.
4)Establishes 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.
5)Requires 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor administrative costs to the HTTAPP
Trust Fund, a $14.3 million fund supported by the General Fund
and administered by OCJP as proposed by the 2003-04 Budget.
Funding is disbursed to local law enforcement and district
attorneys by OCJP in consultation with the High Technology Crime
AB 49
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Advisory Committee.
COMMENTS : According to the author, "This bill creates the
California Cyber Cop program, with five regional 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0000349