Amended in Senate May 6, 2014

Amended in Senate April 21, 2014

Senate BillNo. 828


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 government.

LEGISLATIVE COUNSEL’S DIGEST

SB 828, as amended, Lieu. 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 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 not based on abegin insert validend insert warrant that particularly describes the person, place, and thing to be searched orbegin delete seized,end deletebegin insert seized or a court order,end insert or in accordance with judicially recognized exceptions to warrant requirements.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Chapter 32.5 (commencing with Section 7599)
2is added to Division 7 of Title 1 of the Government Code, to read:

3 

4Chapter  32.5. The 4th Amendment Protection Act
5

 

6

7599.  

The state shall not provide material support, participation,
7or assistance to any federal agency attempting the illegal and
8unconstitutional collection of electronic data or metadata, without
9consent, of any person not based on abegin insert validend insert warrant that particularly
10describes the person, place, and thing to be searched orbegin delete seized,end delete
11begin insert seized or a court order,end insert or in accordance with judicially recognized
12exceptions to warrant requirements.



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