Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1493

Introduced by Assembly Member Cooper

February 27, 2015

An act to begin delete amend Section 7470 of the Government Code, relating to governmental investigations. end delete begin insert add Chapter 5.9 (commencing with Section 13849) to Title 6 of Part 4 of the Penal Code, relating to crime. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1493, as amended, Cooper. begin delete Governmental investigations: financial records. end delete begin insert California High Technology Crimes Task Force. end insert

begin insert

Existing law establishes various crime task forces, and establishes the High Technology Theft Apprehension and Prosecution Program, which is a program to provide financial and technical assistance to law enforcement and district attorney agencies relative to specified high technology crimes.

end insert begin insert

This bill would establish the California High Technology Crimes Task Force to, among other tasks, analyze existing statutes for adequacy in addressing identity theft, Internet crimes, and credit card fraud, develop recommendations to prevent and prosecute those crimes, and identify funding sources for those purposes and to assist victims of those crimes. The bill would require the task force to report to the Legislature on those matters on or before December 31, 2017.

end insert begin delete

Existing law generally prohibits an officer, employee, or agent of a state or local agency, in connection with a civil or criminal investigation, from requesting or receiving copies of, or the information contained in, the financial records of a customer from a financial institution unless the records are described with particularity, consistent with the scope and requirements of the investigation, and other conditions are met.

end delete begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Chapter 5.9 (commencing with Section 13849)
is added to Title 6 of Part 4 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 5.9. end insert California High Technology Crimes Task
Force

 

begin insert 13849. end insert   

(a) The California High Technology Crimes Task Force
is hereby established. The task force shall do all of the following:

(1) Analyze existing statutes for adequacy in addressing identity
theft, Internet crimes, and credit card fraud. If the analysis
determines that those statutes are inadequate, the task force shall
recommend revisions or new provisions that specifically address
identity theft, Internet crimes, and credit card fraud.

(2) Collect and organize data on the nature an extent of identity
theft, Internet crimes, and credit card fraud.

(3) Examine collaborative models between governmental and
nongovernmental organizations for prevention and prosecution
of identity theft, Internet crimes, and credit card fraud.

(4) Measure and evaluate the progress of the state in preventing
and prosecuting identity theft, Internet crimes, and credit card
fraud, and protecting and providing assistance to victims of those
crimes.

(5) Evaluate approaches to increase public awareness of
preventing identity theft, Internet crimes, and credit card fraud.

(6) Consult with governmental and nongovernmental
organizations in developing recommendations to strengthen state
and local efforts to prevent and prosecute identity theft, Internet
crimes, and credit card fraud, and to assist victims of those crimes.

(7) Identify available federal, state, and local funding and grant
opportunities to prevent and prosecute identity theft, Internet
crimes, and credit card fraud, and to assist victims of those crimes.

(b) The task force shall consist of the following members:

(1) A designee of the California District Attorneys Association.

(2) A designee of the California State Sheriffs’ Association.

(3) A designee of the California Police Chiefs Association.

(4) A designee of the Department of the California Highway
Patrol.

(5) A designee of the Federal Bureau of Investigation.

(6) A designee of the Attorney General.

(7) A representative of the California cellular telephone
industry.

(8) A representative of the California Internet industry.

(9) A representative of the California cable industry.

(10) A representative of the California movie industry.

(11) A representative of the California banking industry.

(c) The task force shall conduct a study to accomplish the
objectives of subdivision (a) and shall report the findings of the
study to the Legislature, in compliance with Section 9795 of the
Government Code, on or before December 31, 2017.

end insert

begin delete

SECTION 1.  

Section 7470 of the Government Code is amended
to read:

7470.  

(a) Except as provided in Section 7480, an officer,
employee, or agent of a state or local agency or department thereof,
in connection with a civil or criminal investigation of a customer,
whether or not an investigation is being conducted pursuant to
formal judicial or administrative proceedings, shall not request or
receive copies of, or the information contained in, the financial
records of a customer from a financial institution unless the
financial records are described with particularity and are consistent
with the scope and requirements of the investigation giving rise
to the request and any of the following apply:

(1) The customer has authorized disclosure to such officer,
employee or agent of such state or local agency or department
thereof in accordance with Section 7473.

(2) The financial records are disclosed in response to an
administrative subpoena or summons that meets the requirements
of Section 7474.

(3) The financial records are disclosed in response to a search
warrant that meets the requirements of Section 7475.

(4) The financial records are disclosed in response to a judicial
subpoena or subpoena duces tecum that meets the requirements
of Section 7476.

(b) Nothing in this section or in Sections 7473, 7474, 7475, and
7476 shall require a financial institution to inquire or determine
that those seeking disclosure have duly complied with the
requirements set forth therein, provided only that the customer
authorization, administrative subpoena or summons, search
warrant, or judicial subpoena or order served on or delivered to a
financial institution pursuant to these sections shows compliance
on its face.

(c) The financial institution shall maintain for a period of five
years a record of all examinations or disclosures of the financial
records of a customer pursuant to this chapter, including the
identity of the person examining the financial records, the state or
local agency or department thereof that he or she represents, and
a copy of the customer authorization, subpoena, summons or search
warrant providing for the examination or disclosure or a copy of
the certification received pursuant to subdivision (b) of Section
7480. A record maintained pursuant to this subdivision shall be
available, within five days of request, during normal business hours
for review by the customer at the office or branch where the
customer’s account was located when examined or disclosed. A
copy of the record shall be furnished to the customer upon request
and payment of the reasonable cost thereof.

(d) Except as provided in Section 7480, this section is not
intended to preclude a state or local law enforcement agency from
initiating contact with a financial institution if there is reason to
believe that the institution is a victim of a crime. After this contact
by a law enforcement agency, if the financial institution believes
it is a victim of a crime, it may, in its discretion, disclose relevant
financial records pursuant to subdivision (c) of Section 7471.

end delete