BILL NUMBER: SB 828	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 4, 2014
	AMENDED IN SENATE  MAY 6, 2014
	AMENDED IN SENATE  APRIL 21, 2014

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

                        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  in response  to  any   a
request from a  federal agency  attempting the illegal
and unconstitutional collection of electronic data   or
an employee of a federal agency to collect electronically stored
information  or  metadata, without consent, 
 metadata  of any person  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 
 if the state has actual knowledge that the request constitutes
an illegal or unconstitutional collection of electronically stored
information or metadata  .
   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.   (a) For the purposes of this section, the following
definitions shall apply:  
   (1) "Electronically stored information" means data that is
created, altered, communicated, and stored in digital form. 

   (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. 
    (b)    The state shall not provide material
support, participation, or assistance  in response  to
 any   a request from a  federal agency
 attempting   or an employee of a federal agency
to collect  the illegal and  unconstitutional
collection of electronic data   electronically stored
information  or  metadata, without consent, 
 metadata  of any person  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 
 if the state has actual knowledge that the request constitutes
an illegal or unconstitutional collection of electronically stored
information or metadata  .