BILL ANALYSIS Ó
AB 1493
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Date of Hearing: April 14, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
1493 (Cooper) - As Amended March 26, 2015
SUMMARY: Establishes the California High Technology Crimes Task
Force (HTCTF) to, among other tasks, examine existing statutes
for adequacy in addressing identity theft, Internet crimes,
credit card fraud, and to develop recommendations to prevent and
prosecute those crimes. Specifically, this bill:
1)Provides that the HTCTF is hereby established. The task force
shall do all of the following:
a) 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;
b) Collect and organize data on the nature and extent of
identity theft, Internet crimes, and credit card fraud;
c) Examine collaborative models between governmental and
nongovernmental organizations for prevention and
prosecution of identity theft, Internet crimes, and credit
card fraud;
d) Measure and evaluate the progress of the state in in
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prosecuting identity theft, Internet crimes, and credit
card fraud, and protecting and providing assistance to the
victims of those crimes;
e) Evaluate approaches to increase public awareness of
preventing identity theft, Internet crimes, and credit card
fraud;
f) 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; and,
g) 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.
2)States that the HTCTF shall consist of the following members:
a) A designee of the California District Attorneys
Association;
b) A designee of the California State Sheriffs'
Association;
c) A designee of the California Police Chief's Association;
d) A designee of the Department of the California Highway
Patrol;
e) A designee of the Federal Bureau of Investigation;
f) A designee of the Attorney General;
g) A representative of the California cellular telephone
industry;
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h) A representative of the California cable industry;
i) A representative of the California movie industry; and,
j) A representative of the California banking industry.
3)Requires HTCTF to conduct a study to accomplish the HTCTF
objectives and to report the findings of the study to the
Legislature, as specified, on or before December 31, 2017.
EXISTING LAW:
1)Establishes the High Technology Theft Apprehension and
Prosecution Program (HTTAPP), a program of financial and
technical assistance for law enforcement and district
attorneys' offices, and for the distribution of funds to
develop regional high technology crime units in California law
enforcement agencies. (Pen. Code, § 13848.2.)
2)Provides that moneys allocated the HTTAPP shall be spent to
fund programs to enhance the capacity of local law enforcement
and prosecutors to deter, investigate, and prosecute high
technology related crimes. Funds shall be expended to fund
programs to enhance the capacity of local law enforcement,
state police, and local prosecutors to deter, investigate, and
prosecute high technology related crimes. Any funds
distributed under these provisions shall be expended for the
exclusive purpose of deterring, investigating, and prosecuting
high technology related crimes. (Pen. Code, § 13848.4, subd.
(a).)
3)States that funds allocated to the Department of Justice (DOJ)
shall be used for developing and maintaining a statewide
database on high technology crime for use in developing and
distributing intelligence information to participating law
enforcement agencies. The funds allocated to the California
District Attorneys Association (CDAA) shall be used for the
purpose of establishing statewide programs of education,
training, and research for public prosecutors, investigators,
and law enforcement officers relating to deterring,
investigating, and prosecuting high technology related crimes.
(Pen. Code, § 13948.4, subd (b).)
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4)Provides that any regional task force receiving funds under
these provisions may elect to have the DOJ administer the
regional task force program. The DOJ may be reimbursed for
any expenditures incurred in administering a regional task
force from funds given to local law enforcement under the
program.
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 1493
establishes the High Technology Crimes Task Force to tackle
the issue of high technology crime, identity theft, and credit
card fraud which continues to pose major threats to
California, its citizens, its industries, and its enterprises.
Convening a task force will help establish collaborative
model between governmental and nongovernmental organizations
to prevent and prosecute identity theft, internet crimes, and
credit card fraud."
2)Prior Legislation:
a) AB 49 (Simitian), Chapter 618, Statutes of 2003, created
the HTCTF comprised of each regional task force
participating in the HTTAPP, and added a representative of
the Office of Privacy Protection and a designee of the
Department of Finance (DOF) to the High Crime Advisory
Committee.
b) AB 821 (Simitian), Chapter 556, Statutes of 2001,
authorized the Office of Criminal Justice Planning to
allocate up to five percent of the funds available in the
HTTAPP Trust Fund in order to fund education and training
programs for prosecutors and law enforcement engaged in the
investigation and prosecution of high technology crime.
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c) SB 1357 (Johnston), Chapter 654, Statutes of 2000,
required the appointment of a designee of the Department of
Information and Technology to the HTCAC, and deleted the
January 1, 2003 sunset date on the HTTAP making the program
permanent.
d) SB 157 (Johnston), Chapter 427, Statutes of 1999,
extended the HTTAPP until January 1, 2003.
e) SB 438 (Johnston), Chapter 906, Statutes of 1997,
created the High Technology Theft Apprehension and
Prosecution Program (HTTAP) and provided cellular phone
cloning forfeiture after a conviction based on equipment
misuse.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles County Professional Peace Officers Association
Long Beach Police Officers Association
Fraternal Order of Police, California State Lodge
Sacramento County Deputy Sheriffs' Association
Santa Ana Police Officers Association
Opposition
None
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744
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