BILL ANALYSIS Ó AB 1493 Page 1 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 AB 1493 Page 2 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; AB 1493 Page 3 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).) AB 1493 Page 4 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. AB 1493 Page 5 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 AB 1493 Page 6