BILL NUMBER: SB 561	CHAPTERED
	BILL TEXT

	CHAPTER  308
	FILED WITH SECRETARY OF STATE  SEPTEMBER 13, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 13, 2012
	PASSED THE SENATE  AUGUST 23, 2012
	PASSED THE ASSEMBLY  AUGUST 21, 2012
	AMENDED IN ASSEMBLY  AUGUST 16, 2012
	AMENDED IN ASSEMBLY  JUNE 27, 2012
	AMENDED IN ASSEMBLY  JUNE 6, 2012
	AMENDED IN SENATE  APRIL 12, 2011

INTRODUCED BY   Senator Corbett

                        FEBRUARY 17, 2011

   An act to add and repeal Section 13023.5 of the Penal Code,
relating to Internet crime statistics.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 561, Corbett. Internet crimes: data collection.
   Existing law requires specified local entities, including district
attorneys and sheriffs, to install and maintain records needed for
the correct reporting of statistical data and to report that data to
the Attorney General at those times, and in a manner, prescribed by
the Attorney General.
   This bill would, until January 1, 2015, require the Alameda County
District Attorney's Office and the Los Angeles County Sheriff's
Department to collect statistical data on arrests or prosecutions
involving private information, as defined, gathered from the Internet
that was used in furtherance of a crime within each participating
entity's jurisdiction. The bill would require the reporting of the
statistical information to the Department of Justice in a prescribed
manner on or before July 1, 2013, and January 1, 2014. The bill would
require the Department of Justice to publish the information
reported to it on the department's Internet Web site.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Alameda County District
Attorney and the Los Angeles County Sheriff's Department.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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

  SECTION 1.  Section 13023.5 is added to the Penal Code, to read:
   13023.5.  (a) The Alameda County District Attorney's Office and
the Los Angeles County Sheriff's Department shall collect statistical
data on arrests or prosecutions involving private information
gathered from the Internet that was used in furtherance of a crime
within each participating entity's jurisdiction. The information may
be gathered in a manner that the participating entity deems
appropriate and may focus the statistical data on crimes the victim
of which is a minor.
   (b) The Alameda County District Attorney's Office and the Los
Angeles County Sheriff's Department shall electronically report the
statistical data collected pursuant to subdivision (a) to the
Department of Justice in portable document format, also known as PDF,
in two installments. The first installment shall be reported to the
department on or before July 1, 2013, and shall be comprised of all
information collected prior to that date. The second installment
shall be reported to the department on or before January 1, 2014, and
shall be comprised of all information collected on and after July 1,
2013. The department shall publish the information reported pursuant
to this section in a timely manner on the department's Internet Web
site.
   (c) For purposes of this section, "private information" means any
information that identifies or describes an individual, including,
but not limited to, his or her name, social security number, account
numbers, passwords, personal identification numbers, physical
description, physical location, home address, home telephone number,
education, financial matters, and medical or employment history.
Private information includes statements made by, or attributed to,
the individual.
   (d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique need to establish a pilot program in the named
counties to determine, on a smaller scale, the efficacy of the
program and the usefulness of the data collected.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.