AB 1993, as amended, Irwin. Corporate law enforcement contacts.
Existing law authorizes a court or magistrate to issue a warrant for the search of a place and the seizure of property or things identified in the warrant where there is probable cause to believe that specified grounds exist. Existing law also establishes procedures for certain California corporations when served with a warrant issued by a court in another state.
This bill would require, by July 1, 2017, service providers to provide, among other things, an exclusive process for emergency disclosure requests. The bill would require those corporations to file a statement with the Secretary of State identifying a corporate law enforcementbegin delete contact,end deletebegin insert contact or contacts,end insert
as specified. The bill would require the Secretary of State, on or before October 1, 2017, and annually thereafter, to transmit to the Attorney General, in the manner prescribed by the Attorney General, a copy of the current statement for each corporation, and would require the Attorney General to distribute to local law enforcement agencies information describing how to access each of the corporate law enforcement contacts created from the statements that he or she receives from the Secretary of State.begin delete The bill would require a corporation subject to these provisions to respond to a properly served warrant.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1502.7 is added to the Corporations Code,
2to read:
(a) Every corporation described in subdivision (a) of
4Section 1524.4 of the Penal Code shall file, within 90 days after
5the filing of its original articles and annually thereafter during the
6applicable filing period, a statement identifying the corporate law
7enforcement contactbegin insert or contactsend insert designated pursuant to Section
81524.4 of the Penal Code.
9(b) For the purposes of this section, the applicable filing period
10for a corporation shall be the calendar month during which its
11original articles were filed and the immediately preceding five
12calendar months. The Secretary of State
shall provide a notice to
13each corporation to comply with this section approximately three
14months prior to the close of the applicable filing period. The notice
15shall state the due date for compliance and shall be sent to the last
16address of the corporation according to the records of the Secretary
17of State or to the last electronic mail address according to the
18records of the Secretary of State if the corporation has elected to
19receive notices from the Secretary of State by electronic mail. The
20failure of the corporation to receive the notice is not an excuse for
21failure to comply with this section.
22(c) The Secretary of State may destroy or otherwise dispose of
23any statement filed pursuant to this section after it has been
24superseded by the filing of a new statement.
25(d) On
or before October 1, 2017, and annually thereafter, the
26Secretary of State shall transmit to the Attorney General, in the
27manner prescribed by the Attorney General, a copy of the current
28statement made pursuant to this section for each corporation.
29(e) Ifbegin delete theend deletebegin insert aend insert corporate law enforcement contact is no longer
30employed by the corporation, the corporation shall forthwith file
P3 1a statement identifyingbegin delete theend deletebegin insert anyend insert new corporate law enforcement
2contact designated pursuant to Section 1524.4 of the Penal Code.
Section 1524.4 is added to the Penal Code, to read:
(a) This section applies to a corporation operating in
5California that is a service provider, as defined in subdivision (j)
6of Section 1546, that generates customer data for 1,000,000 or
7more people annually. This section does not apply to a service
8provider that does not offer services to the general public.
9(b) begin delete(1)end deletebegin delete end deleteA corporation described in subdivision (a) shall designate
10a corporate law enforcement contact thatbegin delete isend deletebegin insert
is, or contacts that are,end insert
11 responsible for the requirements established pursuant to paragraph
12(1) of subdivision (c). Those requirements may be fulfilled by
13means of an Internet Web portal, telecommunications, or any
14combination of those communication methods. Ifbegin delete theend deletebegin insert aend insert corporate
15law enforcement contact is no longer employed by the corporation,
16the corporation shall forthwith designatebegin delete aend deletebegin insert anyend insert new corporate law
17enforcementbegin delete contact.end deletebegin insert
contact or contacts.end insert
18(2) When properly served with a search warrant issued by a
19California court, a corporation described in subdivision (a) shall
20provide to the peace officer to whom the search warrant was issued
21pursuant to subdivision (a) of Section 1528, all
records sought
22pursuant to that
warrant, including those records maintained or
23located outside this state.
24(c) (1) By July 1, 2017, service providers shall, at a minimum,
25provide the following through their law enforcementbegin delete contact:end delete
26
begin insert contact or contacts:end insert
27(A) An exclusive process for emergency disclosure requests.
28(B) Exclusive access and service for law enforcement personnel.
29(C) An ability to comply with a law enforcement request for
30information regardless of the location
of the data.
31(D) Continual availability of the law enforcementbegin delete contact.end delete
32
begin insert contact or contacts.end insert
33(E) The authority to make decisions regarding warrants and the
34disclosure of information and data.
35(2) The Attorney General shall, annually, distribute information
36describing how to access each of the corporate law enforcement
37contacts created from the statements that he or she receives from
P4 1the Secretary of State pursuant to Section 1502.7 of the
2Corporations Code to local law enforcement agencies.
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