Amended in Assembly August 4, 2014

Amended in Senate May 6, 2014

Amended in Senate April 21, 2014

Senate Bill No. 828

Introduced by Senators Lieu and Anderson

(Coauthor: Senator Padilla)

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(Coauthor: Assembly Member Gatto)

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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 begin insert in response end insert to begin delete any end delete begin insert a request from a end insert federal agency begin delete attempting the illegal and unconstitutional collection of electronic data end delete begin insert or an employee of a federal agency to collect electronically stored information end insert or begin delete metadata, without consent, end delete begin insert metadata end insert of any person begin delete not based on a valid warrant that particularly describes the person, place, and thing to be searched or seized or a court order, or in accordance with judicially recognized exceptions to warrant requirements end delete begin insert if the state has actual knowledge that the request constitutes an illegal or unconstitutional collection of electronically stored information or metadata end insert .

Vote: 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.  

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(a) For the purposes of this section, the following
definitions shall apply:

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(1) “Electronically stored information” means data that is
created, altered, communicated, and stored in digital form.

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(2) “Metadata” means data bearing the record of and not the
content of communication, including, but not limited to, the time,
date, location, duration, origin, or subject of the communication,
and the identity of the person, persons, group, or entity sending
or receiving the message.

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begin insert (b) end insert begin insert   end insert The state shall not provide material support, participation,
or assistance begin insert in response end insert to begin delete any end delete begin insert a request from a end insert federal agency
begin delete attempting end delete begin insert or an employee of a federal agency to collect end insert the illegal
and begin delete unconstitutional collection of electronic data end delete begin insert electronically
stored information end insert or begin delete metadata, without consent, end delete begin insert metadata end insert of any
person begin delete not based on a valid warrant that particularly describes the
person, place, and thing to be searched or seized or a court order,
or in accordance with judicially recognized exceptions to warrant
requirements end delete begin insert if the state has actual knowledge that the request
constitutes an illegal or unconstitutional collection of electronically
stored information or metadata end insert .