BILL NUMBER: SB 828	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY   Senators Lieu and Anderson
    (   Coauthor:   Senator   Padilla
  ) 

                        JANUARY 6, 2014

   An act to add Chapter 32.5 (commencing with Section 7599) to
Division 7 of Title 1 of the Government Code, relating to state
 and local government, and declaring the urgency thereof, to
take effect immediately.   government. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 828, as amended, Lieu.  Privacy.  
Assistance to federal agencies. 
   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 state  , 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 collecting   from
providing material support, participation, or   assistance
to any federal agency attempting the illegal and unconstitutional
collection of  electronic data or metadata  , without
consent,  of any person  pursuant to any action
 not based on a warrant that particularly describes the
person, place, and thing to be searched or seized  , or in
accordance with judicially recognized exceptions to warrant
requirements  .  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.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


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

  SECTION 1.  Chapter 32.5 (commencing with Section 7599) is added to
Division 7 of Title 1 of the Government Code, to read:
      CHAPTER 32.5.  THE 4TH AMENDMENT PROTECTION ACT


   7599.  The Legislature finds and declares that it is the policy of
this state to refuse material support, participation, or assistance
to any federal agency that claims the power, by virtue of any federal
law, rule, regulation, or order, to authorize the collection of
electronic data or metadata of any person pursuant to any action not
based on a warrant that particularly describes the person, place, and
thing to be searched or seized. 
    7599.    The state shall not provide material
support, participation, or assistance to any federal agency
attempting the illegal and unconstitutional collection of electronic
data or metadata, without consent, of any person not based on a
warrant that particularly describes the person, place, and thing to
be searched or seized, or in accordance with judicially recognized
exceptions to warrant requirements.  
   7599.5.  Notwithstanding any other law, the state, 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 this state shall not do any of
the following:
   (a) Provide material support, participation, or assistance in any
form to a federal agency that claims the power, by virtue of any
federal law, rule, regulation, or order, to collect electronic data
or metadata of any person pursuant to any action not based on a
warrant that particularly describes the person, place, and thing to
be searched or seized.
   (b) Utilize any assets or public funds, in whole or in part, to
engage in any activity that aids a federal agency, federal agent, or
corporation while providing services to the federal government in the
collection of electronic data or metadata of any person pursuant to
any action not based on a warrant that particularly describes the
person, place, and thing to be searched or seized.
   (c) Provide services, participation, or assistance to a federal
agency, federal agent, or corporation while providing services to the
federal government in the collection of electronic data or metadata
of any person pursuant to any action not based on a warrant that
particularly describes the person, place, and thing to be searched or
seized.
   (d) Use any information in a criminal investigation or prosecution
provided by any federal agency, agent, or corporation that was
obtained through the collection of electronic data or metadata of any
person pursuant to any action not based on a warrant that
particularly describes the person, place, and thing to be searched or
seized.  
   7599.10.  The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
 
  SEC. 2.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
   To help protect Californians from unconstitutional invasions of
their privacy by the federal government, it is necessary for this act
to take immediate effect.