SB 828,
as amended, Lieu. begin deletePrivacy. end deletebegin insertAssistance to federal agencies.end insert
The United States Constitution provides that it and other federal laws are the supreme law of the land. The 4th Amendment to the United States Constitution sets forth the right against unreasonable searches and seizures by the federal government and prohibits a federal warrant from being issued unless there is probable cause, supported by an oath or affirmation, that particularly describes the place to be searched, and the person or thing to be seized.
This bill would enact the 4th Amendment Protection Act and prohibit the statebegin delete, a political subdivision of the state, an employee of the state or a political subdivision of the state while acting in his or her official capacity, or a corporation while providing services on behalf of the state or a political subdivision of the state
from materially supporting or assisting, as specified, a federal agency or federal agent in collectingend deletebegin insert from providing material support, participation, or assistance to any federal agency attempting the illegal and unconstitutional collection ofend insert electronic data or metadatabegin insert, without consent,end insert of any personbegin delete pursuant to any actionend delete not based on a warrant that particularly describes the person, place, and thing to be searched or seizedbegin insert, or in accordance with judicially recognized exceptions to warrant requirementsend insert.begin delete This bill would prohibit the use of electronic data or metadata provided by the federal government or a corporation that was obtained without a federal warrant, as specified, from being used in a state or local criminal investigation or prosecution. This bill would also express the Legislature’s intent in this regard and provide that its provisions are severable if part of the act is declared invalid.end delete
This bill would declare that it is to take effect immediately as an urgency statute.
end deleteVote: begin delete2⁄3 end deletebegin insertmajorityend insert.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 32.5 (commencing with Section 7599)
2is added to Division 7 of Title 1 of the Government Code, to read:
3
The Legislature finds and declares that it is the policy
7of this state to refuse material support, participation, or assistance
8to any federal agency that claims the power, by virtue of any federal
9law, rule, regulation, or order, to authorize the collection of
10electronic data or metadata of any person pursuant to any action
11not based on a warrant that particularly describes the person, place,
12and thing to be searched or seized.
The state shall not provide material support,
14participation, or assistance to any federal agency attempting the
15illegal and unconstitutional collection of electronic data or
16metadata, without consent, of any person not based on a warrant
17that particularly describes the person, place, and thing to be
18searched or seized, or in accordance with judicially recognized
19exceptions to warrant requirements.
Notwithstanding any other law, the state, a political
21subdivision of the state, an employee of the state or a political
22subdivision of the state while acting in his or her official capacity,
23or a corporation while providing services on behalf of the state or
24a political subdivision of this state shall not do any of the following:
P3 1(a) Provide material support, participation, or assistance in any
2form to a federal agency that claims the power, by virtue of any
3federal law, rule, regulation, or order, to collect electronic data or
4metadata of any person pursuant to any action not based on a
5warrant that particularly describes the person, place, and thing to
6be searched or seized.
7(b) Utilize any assets
or public funds, in whole or in part, to
8engage in any activity that aids a federal agency, federal agent, or
9corporation while providing services to the federal government in
10the collection of electronic data or metadata of any person pursuant
11to any action not based on a warrant that particularly describes the
12person, place, and thing to be searched or seized.
13(c) Provide services, participation, or assistance to a federal
14agency, federal agent, or corporation while providing services to
15the federal government in the collection of electronic data or
16metadata of any person pursuant to any action not based on a
17warrant that particularly describes the person, place, and thing to
18be searched or seized.
19(d) Use any information in a criminal investigation or
20prosecution provided by any federal agency, agent, or corporation
21that was obtained through the collection of electronic data or
22
metadata of any person pursuant to any action not based on a
23warrant that particularly describes the person, place, and thing to
24be searched or seized.
The provisions of this chapter are severable. If any
26provision of this chapter or its application is held invalid, that
27invalidity shall not affect other provisions or applications that can
28be given effect without the invalid provision or application.
This act is an urgency statute necessary for the
30immediate preservation of the public peace, health, or safety within
31the meaning of Article IV of the Constitution and shall go into
32immediate effect. The facts constituting the necessity are:
33To help protect Californians from unconstitutional invasions of
34their privacy by the federal government, it is necessary for this act
35to take immediate effect.
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