BILL NUMBER: AB 546	CHAPTERED  09/30/06

	CHAPTER  848
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2006
	PASSED THE ASSEMBLY  AUGUST 14, 2006
	PASSED THE SENATE  AUGUST 10, 2006
	AMENDED IN SENATE  JUNE 20, 2006
	AMENDED IN SENATE  MARCH 23, 2006
	AMENDED IN ASSEMBLY  JANUARY 19, 2006
	AMENDED IN ASSEMBLY  JANUARY 13, 2006
	AMENDED IN ASSEMBLY  JANUARY 4, 2006

INTRODUCED BY   Assembly Member Garcia
   (Principal coauthor: Assembly Member Vargas)
   (Principal coauthor: Senator Battin)
   (Coauthors: Assembly Members Bogh, Daucher, Haynes, Shirley
Horton, Jones, Koretz, Maze, McCarthy, Nation, Parra, Sharon Runner,
and Vargas)

                        FEBRUARY 16, 2005

   An act to add Section 8314.5 to the Government Code, relating to
state computers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 546, Garcia  State computers: prohibited use: obscene matter.
   Existing law makes it unlawful and subject to a civil penalty for
any elected state or local officer, appointee, employee, or
consultant to use or permit others to use public resources for
personal or other purposes that are not authorized by law. Existing
law also provides that the incidental and minimal use of public
resources is not subject to criminal prosecution.
   This bill, in furtherance of existing law, would make it unlawful
for any elected state or local officer, including any state or local
appointee, employee, or consultant, to knowingly use a state-owned or
state-leased computer to access, view, download, or otherwise obtain
obscene matter, as defined, except for specified purposes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8314.5 is added to the Government Code, to
read:
   8314.5.  (a) In furtherance of Section 8314 and except as provided
in subdivision (b), it shall be unlawful for any elected state or
local officer, including any state or local appointee, employee, or
consultant, to knowingly use a state-owned or state-leased computer
to access, view, download, or otherwise obtain obscene matter.
   (b) This section does not apply to accessing, viewing,
downloading, or otherwise obtaining obscene matter for use consistent
with legitimate law enforcement purposes, to permit a state agency
to conduct an administrative disciplinary investigation, or for
legitimate medical, scientific, academic, or legislative purposes, or
for other legitimate state purposes.
   (c) "Obscene matter" as used in this section has the meaning
specified in Section 311 of the Penal Code.
   (d) "State-owned or state-leased computer" means a computer owned
or leased by one of the following:
   (1) A state agency, as defined by Section 11000, including the
California State University.
   (2) The University of California.
   (3) The Legislature.
   (e) This section shall not apply to the University of California
unless and until the Regents of the University of California act, by
resolution, to make it applicable.