BILL NUMBER: SB 1160	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla

                        FEBRUARY 22, 2012

   An act to repeal Section 7907 of, and to repeal and add Section
7904 of, the Public Utilities Code, relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1160, as introduced, Padilla. Telecommunications: intentional
service disruption.
   Existing law provides that an agent, operator, or employee of a
telegraph or telephone office who willfully fails to send a message
received by the office is guilty of a misdemeanor, as specified.
Existing law also provides that where a law enforcement official has
probable cause to believe that a person is holding hostages and is
committing a crime, or is barricaded and is resisting apprehension
through the use or threatened use of force, the official may order a
previously designated telephone corporation security employee to
arrange to cut, reroute, or divert telephone lines, as specified.
   This bill would repeal those provisions and instead would provide
that a person who owns, operates, or controls facilities for
providing telecommunications service that interconnects with the
public switched telephone network shall not intentionally interrupt,
suspend, or disconnect service to a particular user or to a
geographic area, except as specified.
   The bill would also find and declare that it is a matter of
statewide concern to ensure that California users of any
telecommunications service that interconnects with the public
switched telephone network not have this service interrupted and
thereby be deprived of a means to connect with the state's 911 system
in an emergency or be deprived of a means to engage in
constitutionally protected expression.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 7904 of the Public Utilities Code is repealed.

   7904.  Every agent, operator, or employee of any telegraph or
telephone office, who wilfully refuses or neglects to send any
message received at such office for transmission, or wilfully
postpones the transmission of the message out of its order, or
wilfully refuses or neglects to deliver any message received by
telegraph or telephone, is guilty of a misdemeanor. Nothing in this
section shall be construed to require any message to be received,
transmitted or delivered, unless the charges thereon have been paid
or tendered, nor to require the sending, receiving, or delivery of
any message counseling, aiding, abetting, or encouraging treason
against the Government of the United States or of this State, or
other resistance to the lawful authority, or any message calculated
to further any fraudulent plan or purpose, or to instigate or
encourage the perpetration of any unlawful act, or to facilitate the
escape of any criminal or person accused of crime. 
  SEC. 2.  Section 7904 is added to the Public Utilities Code, to
read:
   7904.  (a) A person who owns, operates, or controls facilities for
providing telecommunications service that interconnects with the
public switched telephone network shall not intentionally interrupt,
suspend, or disconnect service to a particular user or to a
geographic area except in compliance with all of the following:
   (1) Pursuant to an order signed by a magistrate that includes all
of the following findings:
   (A) That probable cause exists that the service is being or will
be used for an unlawful purpose or to assist in a violation of the
law.
   (B) That absent immediate and summary action to interrupt,
suspend, or disconnect service, serious danger to public health or
safety will result.
   (C) That interruption, suspension, or disconnection of service
will not suppress speech that is protected by the First Amendment or
Section 2 of Article I of the California Constitution, or violate any
other rights under federal or state law.
   (2) After providing the California Public Utilities Commission or
the Federal Communications Commission, or both, any required
notification and complying with any applicable regulation of either
commission or any other applicable provision of state or federal law.

   (b) The Legislature finds and declares that it is a matter of
statewide concern to ensure that California users of any
telecommunications service that interconnects with the public
switched telephone network not have this service interrupted and
thereby be deprived of a means to connect with the state's 911 system
in an emergency or be deprived of a means to engage in
constitutionally protected expression.
  SEC. 3.  Section 7907 of the Public Utilities Code is repealed.

   7907.  Notwithstanding Section 591, 631, or 632 of the Penal Code
or Section 7906 of this code, whenever the supervising law
enforcement official having jurisdiction has probable cause to
believe that a person is holding hostages and is committing a crime,
or is barricaded and is resisting apprehension through the use or
threatened use of force, such official may order a previously
designated telephone corporation security employee to arrange to cut,
reroute, or divert telephone lines for the purpose of preventing
telephone communication by such suspected person with any person
other than a peace officer or a person authorized by the peace
officer.
   The telephone corporation shall designate a person as its security
employee and an alternate to provide all required assistance to law
enforcement officials to carry out the purposes of this section.
   Good faith reliance on an order by a supervising law enforcement
official shall constitute a complete defense to any action brought
under this section.