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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