BILL ANALYSIS                                                                                                                                                                                                    



                                                                      AB 32


                                                                    Page  1


          Date of Hearing:  March 24, 2015
          Counsel:               Gabriel Caswell



                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          AB  
                    32 (Waldron) - As Introduced  December 1, 2014


                       As Proposed to be Amended in Committee


          SUMMARY:  Increases specified fines related to computer crimes  
          from a maximum of five thousand dollars ($5,000), to a maximum  
          of ten thousand dollars ($10,000), and tolls the statute of  
          limitations for illegally acquiring digital images of a person  
          that displays an intimate body part of a person.  Specifically,  
          this bill:  


          1)Increases fines from a fine of up to five thousand dollars  
            ($5,000) to a fine of up to ten thousand dollars ($10,000) for  
            the following offenses:  

             a)   Knowingly access and without permission altering,  
               damaging, deleting, destroying, or otherwise use any data,  
               computer, computer system, or computer network in order to  
               either (A) devise or execute any scheme or artifice to  
               defraud, deceive, or extort, or (B) wrongfully control or  
               obtain money, property, or data. 

             b)   Knowingly access and without permission take, copy, or  
               make use of any data from a computer, computer system, or  








                                                                      AB 32


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               computer network, or take or copy any supporting  
               documentation, whether existing or residing internal or  
               external to a computer, computer system, or computer  
               network.



             c)   Knowingly and without permission use or cause to be used  
               computer services.



             d)   Knowingly access and without permission add, alter,  
               damage, delete, or destroy any data, computer software, or  
               computer programs which reside or exist internal or  
               external to a computer, computer system, or computer  
               network.



             e)   Knowingly and without permission disrupt or cause the  
               disruption of computer services or deny or cause the denial  
               of computer services to an authorized user of a computer,  
               computer system, or computer network.



             f)   Second or subsequent violations of knowingly and without  
               permission provides or assists in providing a means of  
               accessing a computer, computer system, or computer network  
               in violation of this section.



             g)   Second or subsequent violations of knowingly and without  
               permission accessing or causing to be accessed any  
               computer, computer system, or computer network.



             h)   Knowingly introducing any computer contaminant into any  
               computer, computer system, or computer network.








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             i)   Second or subsequent violations of knowingly and without  
               permission using the Internet domain name or profile of  
               another individual, corporation, or entity in connection  
               with the sending of one or more electronic mail messages or  
               posts and thereby damaging or causing damage to a computer,  
               computer data, computer system, or computer network.



             j)   Knowingly and without permission disrupting or causing  
               the disruption of government computer services or denying  
               or causing the denial of government computer services to an  
               authorized user of a government computer, computer system,  
               or computer network.



             aa)  Knowingly accessing and without permission adding,  
               altering, damaging, deleting, or destroying any data,  
               computer software, or computer programs which reside or  
               exist internal or external to a public safety  
               infrastructure computer system computer, computer system,  
               or computer network.



             bb)  Knowingly and without permission disrupting or causing  
               the disruption of public safety infrastructure computer  
               system computer services or denying or causing the denial  
               of computer services to an authorized user of a public  
               safety infrastructure computer system computer, computer  
               system, or computer network.



             cc)  Second or subsequent violations of knowingly and without  
               permission providing or assisting in providing a means of  
               accessing a computer, computer system, or public safety  
               infrastructure computer system computer, computer system,  








                                                                      AB 32


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               or computer network in violation of this section.



             dd)  Knowingly introducing any computer contaminant into any  
               public safety infrastructure computer system computer,  
               computer system, or computer network.  



          2)Provides that the statute of limitations does not commence to  
            run until the discovery of specified computer hacking offenses  
            in which it is alleged that the defendant acquired, copied, or  
            distributed one or more digital images of a person that  
            displays an intimate body part of the person.  Includes the  
            following definitions:

             a)   Defines "intimate body part" as any portion of the  
               genitals, the anus, and in the case of a female also  
               includes any portion of the breasts below the top of the  
               areola, that is either uncovered or clearly visible through  
               clothing; and

             b)   Defines "digital images of a person" as not including  
               representational images, artwork, or cartoon drawings.


          EXISTING LAW:  


          1)Punishes the following offenses by a fine not exceeding  
            $10,000, by a sentenced felony jail term of 16 months, two  
            years or three years, or both, or as a misdemeanor by a fine  
            not exceeding $5,000, by imprisonment in a county jail not  
            exceeding one year, or both:  (Pen. Code,  502(d)(1).)  

             a)   Any person who knowingly accesses and without permission  
               alters, damages, deletes, destroys, or otherwise uses any  
               data, computer, computer system, or computer network in  
               order to either devise or execute any scheme or artifice to  
               defraud, deceive, or extort, or wrongfully control or  
               obtain money, property, or data.  (Pen. Code,  502(c)(1).)  








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             b)   Any person who knowingly accesses and without permission  
               takes, copies, or makes use of any data from a computer,  
               computer system, or computer network, or takes or copies  
               any supporting documentation, whether existing or residing  
               internal or external to a computer, computer system, or  
               computer network.  (Pen. Code,  502(c)(2).)  



             c)   Any person who knowingly accesses and without permission  
               adds, alters, damages, deletes, or destroys any data,  
               computer software, or computer programs which reside or  
               exist internal or external to a computer, computer system,  
               or computer network.  (Pen. Code,  502(c)(4).)  



             d)   Any person who knowingly and without permission disrupts  
               or causes the disruption of computer services or denies or  
               causes the denial of computer services to an authorized  
               user of a computer, computer system, or computer network.   
               (Pen. Code,  502(c)(5).)  



             e)   Any person who knowingly and without permission disrupts  
               or causes the disruption of government computer services or  
               denies or causes the denial of government computer services  
               to an authorized user of a government computer, computer  
               system, or computer network.  (Pen. Code,  502(c)(10).)



             f)   Any person who knowingly accesses and without permission  
               adds, alters, damages, deletes, or destroys any data,  
               computer software, or computer programs which reside or  
               exist internal or external to a public safety  
               infrastructure computer system computer, computer system,  
               or computer network.  (Pen. Code,  502(c)(11).)  









                                                                      AB 32


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             g)   Any person who knowingly and without permission disrupts  
               or causes the disruption of public safety infrastructure  
               computer system computer services or denies or causes the  
               denial of computer services to an authorized user of a  
               public safety infrastructure computer system computer,  
               computer system, or computer network.  (Pen. Code,   
               502(c)(12).)  



          2)Punishes any person who knowingly and without permission uses  
            or causes to be used computer services as follows:  (Pen Code,  
             502(c)(3).)  

             a)   For the first violation that does not result in injury,  
               and where the value of the computer services used does not  
               exceed nine hundred fifty dollars ($950), by a fine not  
               exceeding five thousand dollars ($5,000), or by  
               imprisonment in a county jail not exceeding one year, or by  
               both that fine and imprisonment.  (Pen. Code,  502(d)(2).)  
                

             b)   For any violation that results in a victim expenditure  
               in an amount greater than five thousand dollars ($5,000) or  
               in an injury, or if the value of the computer services used  
               exceeds nine hundred fifty dollars ($950), or for any  
               second or subsequent violation, by a fine not exceeding ten  
               thousand dollars ($10,000), or by imprisonment for 16  
               months, or two or three years, or by both that fine and  
               imprisonment, or by a fine not exceeding five thousand  
               dollars ($5,000), or by imprisonment in a county jail not  
               exceeding one year, or by both that fine and imprisonment.   
               (Pen. Code,  502(d)(2).)  



          3)Punishes any person who knowingly and without permission  
            provides or assists in providing a means of accessing a  
            computer, computer system, or computer network as follows:   
            (Pen. Code,  502(c)(6).)








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             a)   For a first violation that does not result in injury, an  
               infraction punishable by a fine not exceeding one thousand  
               dollars ($1,000).

             b)   For any violation that results in a victim expenditure  
               in an amount not greater than five thousand dollars  
               ($5,000), or for a second or subsequent violation, by a  
               fine not exceeding five thousand dollars ($5,000), or by  
               imprisonment in a county jail not exceeding one year, or by  
               both that fine and imprisonment.



             c)   For any violation that results in a victim expenditure  
               in an amount greater than five thousand dollars ($5,000),  
               by a fine not exceeding ten thousand dollars ($10,000), or  
               by imprisonment pursuant to subdivision (h) of Section 1170  
               for 16 months, or two or three years, or by both that fine  
               and imprisonment, or by a fine not exceeding five thousand  
               dollars ($5,000), or by imprisonment in a county jail not  
               exceeding one year, or by both that fine and imprisonment.   
               (Pen. Code,  502(d)(3).)  



          4)Punishes any person who knowingly and without permission  
            accesses or causes to be accessed any computer, computer  
            system, or computer network as follows: (Pen. Code,   
            502(c)(7).)  

             a)   For a first violation that does not result in injury, an  
               infraction punishable by a fine not exceeding one thousand  
               dollars ($1,000).

             b)   For any violation that results in a victim expenditure  
               in an amount not greater than five thousand dollars  
               ($5,000), or for a second or subsequent violation, by a  
               fine not exceeding five thousand dollars ($5,000), or by  
               imprisonment in a county jail not exceeding one year, or by  








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               both that fine and imprisonment.



             c)   For any violation that results in a victim expenditure  
               in an amount greater than five thousand dollars ($5,000),  
               by a fine not exceeding ten thousand dollars ($10,000), or  
               by imprisonment pursuant to subdivision (h) of Section 1170  
               for 16 months, or two or three years, or by both that fine  
               and imprisonment, or by a fine not exceeding five thousand  
               dollars ($5,000), or by imprisonment in a county jail not  
               exceeding one year, or by both that fine and imprisonment.   
               (Pen. Code,  502(d)(3).)  



          5)Punishes any person who knowingly and without permission  
            provides or assists in providing a means of accessing a  
            computer, computer system, or public safety infrastructure  
            computer system computer, computer system, or computer network  
            as follows:  (Pen. Code,  502(c)(11).)  

             a)   For a first violation that does not result in injury, an  
               infraction punishable by a fine not exceeding one thousand  
               dollars ($1,000).

             b)   For any violation that results in a victim expenditure  
               in an amount not greater than five thousand dollars  
               ($5,000), or for a second or subsequent violation, by a  
               fine not exceeding five thousand dollars ($5,000), or by  
               imprisonment in a county jail not exceeding one year, or by  
               both that fine and imprisonment.



             c)   For any violation that results in a victim expenditure  
               in an amount greater than five thousand dollars ($5,000),  
               by a fine not exceeding ten thousand dollars ($10,000), or  
               by imprisonment pursuant to subdivision (h) of Section 1170  
               for 16 months, or two or three years, or by both that fine  
               and imprisonment, or by a fine not exceeding five thousand  
               dollars ($5,000), or by imprisonment in a county jail not  








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               exceeding one year, or by both that fine and imprisonment.   
               (Pen. Code,  502(d)(3).)  



          6)Punishes any person who knowingly introduces any computer  
            contaminant into any computer, computer system, or computer  
            network as follows:  (Pen. Code,  502(c)(8).)

             a)   For a first violation that does not result in injury, a  
               misdemeanor punishable by a fine not exceeding five  
               thousand dollars ($5,000), or by imprisonment in a county  
               jail not exceeding one year, or by both that fine and  
               imprisonment.

             b)   For any violation that results in injury, or for a  
               second or subsequent violation, by a fine not exceeding ten  
               thousand dollars ($10,000), or by imprisonment in a county  
               jail not exceeding one year, or by imprisonment, or by both  
               that fine and imprisonment.  (Pen. Code,  502(d)(4).)



          7)Punishes any person who knowingly introduces any computer  
            contaminant into any public safety infrastructure computer  
            system computer, computer system, or computer network as  
            follows:  (Pen. Code,  502(c)(14).)  

             a)   For a first violation that does not result in injury, a  
               misdemeanor punishable by a fine not exceeding five  
               thousand dollars ($5,000), or by imprisonment in a county  
               jail not exceeding one year, or by both that fine and  
               imprisonment.

             b)   For any violation that results in injury, or for a  
               second or subsequent violation, by a fine not exceeding ten  
               thousand dollars ($10,000), or by imprisonment in a county  
               jail not exceeding one year, or by imprisonment, or by both  
               that fine and imprisonment.  (Pen. Code,  502(d)(4).)











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          8)Punishes any person who knowingly and without permission uses  
            the Internet domain name or profile of another individual,  
            corporation, or entity in connection with the sending of one  
            or more electronic mail messages or posts and thereby damages  
            or causes damage to a computer, computer data, computer  
            system, or computer network.  (Pen. Code,  502(c)(9).) 

             a)   For a first violation that does not result in injury, an  
               infraction punishable by a fine not exceeding one thousand  
               dollars ($1,000).

             b)   For any violation that results in injury, or for a  
               second or subsequent violation, by a fine not exceeding  
               five thousand dollars ($5,000), or by imprisonment in a  
               county jail not exceeding one year, or by both that fine  
               and imprisonment.  (Pen. Code,  502(d)(5).)  



          9)Defines the following terms as follows:  
          
             a)   "Access" means to gain entry to, instruct, cause input  
               to, cause output from, cause data processing with, or  
               communicate with, the logical, arithmetical, or memory  
               function resources of a computer, computer system, or  
               computer network.  (Pen. Code,  502(b)(1).)  

             b)   "Computer network" means any system that provides  
               communications between one or more computer systems and  
               input/output devices including, but not limited to, display  
               terminals, remote systems, mobile devices, and printers  
               connected by telecommunication facilities.  (Pen. Code,   
               502(b)(2).)  



             c)   "Computer program or software" means a set of  
               instructions or statements, and related data, that when  
               executed in actual or modified form, cause a computer,  
               computer system, or computer network to perform specified  
               functions.  (Pen. Code,  502(b)(3).)  









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             d)   "Computer services" includes, but is not limited to,  
               computer time, data processing, or storage functions,  
               Internet services, electronic mail services, electronic  
               message services, or other uses of a computer, computer  
               system, or computer network.  (Pen. Code,  502(b)(4).)  



             e)   "Computer system" means a device or collection of  
               devices, including support devices and excluding  
               calculators that are not programmable and capable of being  
               used in conjunction with external files, one or more of  
               which contain computer programs, electronic instructions,  
               input data, and output data, that performs functions  
               including, but not limited to, logic, arithmetic, data  
               storage and retrieval, communication, and control.  (Pen.  
               Code,  502(b)(5).)  



             f)   "Government computer system" means any computer system,  
               or part thereof, that is owned, operated, or used by any  
               federal, state, or local governmental entity.  (Pen. Code,  
                502(b)(6).)  



             g)   "Public safety infrastructure computer system" means any  
               computer system, or part thereof, that is necessary for the  
               health and safety of the public including computer systems  
               owned, operated, or used by drinking water and wastewater  
               treatment facilities, hospitals, emergency service  
               providers, telecommunication companies, and gas and  
               electric utility companies.  (Pen. Code,  502(b)(7).)  



             h)   "Data" means a representation of information, knowledge,  
               facts, concepts, computer software, computer programs or  
               instructions. Data may be in any form, in storage media, or  








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               as stored in the memory of the computer or in transit or  
               presented on a display device.  (Pen. Code,  502(b)(8).)  



             i)   "Supporting documentation" includes, but is not limited  
               to, all information, in any form, pertaining to the design,  
               construction, classification, implementation, use, or  
               modification of a computer, computer system, computer  
               network, computer program, or computer software, which  
               information is not generally available to the public and is  
               necessary for the operation of a computer, computer system,  
               computer network, computer program, or computer software.   
               (Pen. Code,  502(b)(9).)  



             j)   "Injury" means any alteration, deletion, damage, or  
               destruction of a computer system, computer network,  
               computer program, or data caused by the access, or the  
               denial of access to legitimate users of a computer system,  
               network, or program.  (Pen. Code,  502(b)(10).)  



             aa)  "Victim expenditure" means any expenditure reasonably  
               and necessarily incurred by the owner or lessee to verify  
               that a computer system, computer network, computer program,  
               or data was or was not altered, deleted, damaged, or  
               destroyed by the access.  (Pen. Code,  502(b)(11).) 



             bb)  "Computer contaminant" means any set of computer  
               instructions that are designed to modify, damage, destroy,  
               record, or transmit information within a computer, computer  
               system, or computer network without the intent or  
               permission of the owner of the information. They include,  
               but are not limited to, a group of computer instructions  
               commonly called viruses or worms, that are self-replicating  
               or self-propagating and are designed to contaminate other  
               computer programs or computer data, consume computer  








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               resources, modify, destroy, record, or transmit data, or in  
               some other fashion usurp the normal operation of the  
               computer, computer system, or computer network.  (Pen.  
               Code,  502(b)(12).)  



             cc)  "Internet domain name" means a globally unique,  
               hierarchical reference to an Internet host or service,  
               assigned through centralized Internet naming authorities,  
               comprising a series of character strings separated by  
               periods, with the rightmost character string specifying the  
               top of the hierarchy.  (Pen. Code,  502(b)(13).)  



             dd)  "Electronic mail" means an electronic message or  
               computer file that is transmitted between two or more  
               telecommunications devices; computers; computer networks,  
               regardless of whether the network is a local, regional, or  
               global network; or electronic devices capable or receiving  
                                                                       electronic messages, regardless of whether the message is  
               converted to hard copy format after receipt, viewed upon  
               transmission, or stored for later retrieval.  (Pen. Code,   
               502(b)(14).)  



             ee)  "Profile" means either of the following:  



               i)     A configuration of user data required by a computer  
                 so that the user may access programs or services and have  
                 the desired functionality on that computer; or

               ii)    An Internet website user's personal page or section  
                 of a page that is made up of data, in text of graphical  
                 form, that displays significant, unique, or identifying  
                 information, including, but not limited to, listing  
                 acquaintances, interests, associations, activities, or  
                 personal statements.  (Pen. Code,  502(b)(15).)  








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          FISCAL EFFECT:  Unknown


          COMMENTS:  



          1)Author's Statement:  According to the author, "Cyber criminals  
            compromise personal information for individual gain or to  
            merely cause a disruption. This year, The California  
            Department of Motor Vehicles computer system was  hacked  
            causing a data security breach in its credit card processing  
            services. Existing fines are just a small sum compared to the  
            dollar who have been violated. Ordinary computer hacking  
            penalties do not sufficiently capture the emotional trauma and  
            hardship that such data breach can cause. AB 32 will make  
            crimes involving computer hacking punishable by up to $10,000  
            for misdemeanor offenses. It is important to keep up with the  
            new emerging computer crimes to make sure that the violators  
            do not go unpunished and to prevent future crimes in such  
            circumstances.

          2)Growing Concerns Regarding Privacy of Personal Images and the  
            Internet:  In recent years the attention of the media and  
            policymakers has turned to privacy concerns raised by the  
            sheer volume of data shared over internet connections.  With  
            the advent of wireless internet, more data is being  
            transmitted than ever before through cyberspace.  Over the  
            last couple of years several serious incidents of the invasion  
            of privacy have come to the forefront of national attention.   
            (Opinion: the Biggest Privacy Outrages in 2014, Los Angeles  
            Times, by Jon Healey).  


            


            In August and September of 2014, dozens of women (including  
            Jennifer Lawrence) had revealing photos misappropriated from  
            Apple's iCloud storage site and they were posted on the  








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            "4chan" bulletin board for the public to view.  Apple  
            represents that the site was not hacked, but others believe  
            that the photos were obtained by guessing the passwords of the  
            victims.  The incident alerted the public to the fact that  
            many people's phones may be copying material automatically to  
            the internet.  





            In October of 2014 an unknown hacker assembled a gallery of  
            more than 100,000 images and videos that people had sent via  
            Snapchat.  Snapchat markets itself as a web based mobile  
            application that allows users to send photos and videos to one  
            another in a format that can only be viewed by the recipient,  
            not copied or saved by the recipient.  As it turns out, other  
            web developers have created systems that enable users to make  
            permanent copies of the temporary Snapchat files and store  
            them in "the cloud" wherein they can be obtained by  
            knowledgeable hackers.  



          3)Penalty Assessments:  The amount spelled out in statute as a  
            fine for violating a criminal offense are base figures, as  
            these amounts are subject to statutorily-imposed penalty  
            assessments, such as fees and surcharges.  Assuming a  
            defendant is fined the maximum fine of $10,000 under Penal  
            Code Section 502, the following penalty assessments would be  
            imposed pursuant to the Government and Penal codes:

                ------------------------------------------------------- 
               |Base Fine:                                    |$10,000.|
               |                                              |      00|
               |                                              |        |
               |                                              |        |
               |----------------------------------------------+--------|
               |                                              |        |
               |                                              |        |
               |                                              |        |
               |----------------------------------------------+--------|








                                                                      AB 32


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               |Penal Code  1464 assessment ($10 for every   |$10,000.|
               |$10):                                         |      00|
               |                                              |        |
               |                                              |        |
               |----------------------------------------------+--------|
               |Penal Code  1465.7 assessment (20%           |$2,000.0|
               |surcharge):                                   |       0|
               |                                              |        |
               |                                              |        |
               |----------------------------------------------+--------|
               |Penal Code  1465.8 assessment ($40 per       |  $40.00|
               |criminal offense):                            |        |
               |                                              |        |
               |                                              |        |
               |----------------------------------------------+--------|
               |Government Code  70372 assessment ($5 for    |$5,000.0|
               |every $10):                                   |       0|
               |                                              |        |
               |                                              |        |
               |----------------------------------------------+--------|
               |Government Code  70373 assessment ($30 for   |  $30.00|
               |felony or misdemeanor offense):               |        |
               |                                              |        |
               |                                              |        |
               |----------------------------------------------+--------|
               |Government Code  76000 assessment ($7 for    |$7,000.0|
               |every $10):                                   |       0|
               |                                              |        |
               |                                              |        |
               |----------------------------------------------+--------|
               |Government Code  76000.5 assessment ($2 for  |$2,000.0|
               |every $10):                                   |       0|
               |                                              |        |
               |                                              |        |
               |----------------------------------------------+--------|
               |Government Code  76104.6 assessment ($1 for  |$1,000.0|
               |every $10):                                   |       0|
               |                                              |        |
               |                                              |        |
               |----------------------------------------------+--------|
               |Government Code  76104.7 assessment ($4 for  |$4,000.0|
               |every $10):                                   |       0|








                                                                      AB 32


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               |                                              |        |
               |                                              |        |
               |----------------------------------------------+--------|
               |                                              |        |
               |                                              |        |
               |                                              |        |
               |----------------------------------------------+--------|
               |Fine with Assessments:                        |        |
               |                                              |$41,070.00*|
               |                                              |        |
               |                                              |        |
                ------------------------------------------------------- 
            


            *In addition to the assessments detailed in the chart, the  
            defendant could be subject to pay "actual administrative  
            costs" related to his or her arrest and booking (Gov. Code,   
            29550 et seq.) and victim restitution for damages impose by  
            the court.


          4)"Cyber Revenge" or "Revenge Porn":  Recently, there have been  
            numerous publicized incidents of cyber revenge or revenge porn  
            which involves the posting of nude or sexually explicit photos  
            without the consent of the person depicted.  While not every  
            incident of revenge porn would involve illegally obtaining the  
            photos by hacking into a computer system, revenge porn  
            incidents can overlap with the privacy interests addressed in  
            this bill. 

          5)Proposed Amendments:  The proposed amendments modify the bill  
            significantly from the introduced version.  As introduced this  
            bill added a second fine of up to $10,000 per image for a  
            violation of specified sections of Penal Code  502 when the  
            image in question is of an intimate body part, as defined by  
            the bill.  In lieu of the additional fine, this bill raises  
            the maximum fine for the offenses in Penal Code  502 that  
            were a maximum of $5,000 to fines with a maximum of $10,000.   
            Additionally, the amendments maintain an extension of the  
            statute of limitations for Penal Code  502 offenses involving  
            photographs of intimate body parts until the discovery of the  








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            photographs, as specified.  





            All letters that were written in support and in opposition of  
            the bill reflect the introduced version of the bill and not  
            the proposed amended version of the bill.  



          6)Argument in Support:  According to the Association for Los  
            Angeles Deputy Sheriffs, "AB 32 will take critical steps to  
            establish stronger penalties for violating personal  
            privacy?[the bill] would extend the timeframe for enforcing  
            the penalty to one year from the discovery of the offense.  
            "Current law does not provide a sufficient level of penalty to  
            discourage individuals from committing these harmful  
            crimes?Strengthening the punishment will decrease the  
            likelihood that computer hackers will choose to commit these  
            types of intrusive violations.  Further, the measure will  
            ensure that justice will be served by establishing that a  
            criminal complaint may be filed up to a year from discovery.  


            "The public deserves to feel safe and secure in this age of  
            emerging technology.  Computers, cellular phones and cloud  
            technology will continue to evolve into more integral  
            components of our lives.  Any effort that can be undertaken to  
            safeguard the private personal information that is stored on  
            these mediums should be applauded."  



          7)Argument in Opposition:  According to the California Attorneys  
            for Criminal Justice, "Penal Code section 502 is already  
            extremely broad.  Anyone who '[k]knowingly accesses and  
            without permission takes, copies, or makes use of any data  
            from a computer system, or computer network, or takes or  
            copies any supporting documentation whether existing or  
            residing internal or external to a computer, computer system,  








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            or computer network' can be fined $10,000 and may be sentenced  
            to prison for up to 2 years (Penal Code 502 subd. (c)(2) &  
            (d)(1)."
          
          8)Prior Legislation:  



             a)   AB 1649 (Waldron), Chapter 379, Statutes of 2014,  
               specified the penalties for any person who disrupts or  
               causes the disruption of, adds, alters, damages, destroys,  
               provides or assists in providing a means of accessing, or  
               introduces any computer contaminant into a "government  
               computer system" or a "public safety infrastructure  
               computer system," as specified, and changed and added the  
               definition of specified terms.

             b)   SB 255 (Canella), Chapter 466, Statutes of 2014 created  
               a new misdemeanor for the distribution of a consensually  
               taken image of an identifiable person in a state of full or  
               partial undress when the image is distributed with the  
               intent to cause serious emotional distress, and the person  
               suffers such distress.  



          REGISTERED SUPPORT / OPPOSITION:


          Support


          Association of Deputy District Attorneys 
          Association for Los Angeles Deputy Sheriffs
          California College and University Police Chiefs
          California Communities United Institute  
          Los Angeles Police Protective League 
          Riverside Sheriffs Association


          Opposition
          California Attorneys for Criminal Justice 








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          California Public Defenders Association



          Analysis Prepared  
          by:              Gabriel Caswell / PUB. S. / (916) 319-3744