BILL NUMBER: AB 1993 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2016
AMENDED IN ASSEMBLY MARCH 30, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Irwin
FEBRUARY 16, 2016
An act to add Section 1502.7 to the Corporations Code, and to add
Section 1524.4 to the Penal Code, relating to law enforcement.
LEGISLATIVE COUNSEL'S DIGEST
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 enforcement contact, contact or contacts,
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. The bill
would require a corporation subject to these provisions to respond to
a properly served warrant.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1502.7 is added to the Corporations Code, to
read:
1502.7. (a) Every corporation described in subdivision (a) of
Section 1524.4 of the Penal Code shall file, within 90 days after the
filing of its original articles and annually thereafter during the
applicable filing period, a statement identifying the corporate law
enforcement contact or contacts designated pursuant to
Section 1524.4 of the Penal Code.
(b) For the purposes of this section, the applicable filing period
for a corporation shall be the calendar month during which its
original articles were filed and the immediately preceding five
calendar months. The Secretary of State shall provide a notice to
each corporation to comply with this section approximately three
months prior to the close of the applicable filing period. The notice
shall state the due date for compliance and shall be sent to the
last address of the corporation according to the records of the
Secretary of State or to the last electronic mail address according
to the records of the Secretary of State if the corporation has
elected to receive notices from the Secretary of State by electronic
mail. The failure of the corporation to receive the notice is not an
excuse for failure to comply with this section.
(c) The Secretary of State may destroy or otherwise dispose of any
statement filed pursuant to this section after it has been
superseded by the filing of a new statement.
(d) On or before October 1, 2017, and annually thereafter, the
Secretary of State shall transmit to the Attorney General, in the
manner prescribed by the Attorney General, a copy of the current
statement made pursuant to this section for each corporation.
(e) If the a corporate law
enforcement contact is no longer employed by the corporation, the
corporation shall forthwith file a statement identifying the
any new corporate law enforcement contact
designated pursuant to Section 1524.4 of the Penal Code.
SEC. 2. Section 1524.4 is added to the Penal Code, to read:
1524.4. (a) This section applies to a corporation operating in
California that is a service provider, as defined in subdivision (j)
of Section 1546, that generates customer data for 1,000,000 or more
people annually. This section does not apply to a service provider
that does not offer services to the general public.
(b) (1) A corporation
described in subdivision (a) shall designate a corporate law
enforcement contact that is is, or contacts
that are, responsible for the requirements established pursuant
to paragraph (1) of subdivision (c). Those requirements may be
fulfilled by means of an Internet Web portal, telecommunications, or
any combination of those communication methods. If the
a corporate law enforcement contact is no longer
employed by the corporation, the corporation shall forthwith
designate a any new corporate law
enforcement contact. contact or contacts.
(2) When properly served with a search warrant issued by a
California court, a corporation described in subdivision (a) shall
provide to the peace officer to whom the search warrant was issued
pursuant to subdivision (a) of Section 1528, all records sought
pursuant to that warrant, including those records maintained or
located outside this state.
(c) (1) By July 1, 2017, service providers shall, at a minimum,
provide the following through their law enforcement contact:
contact or contacts:
(A) An exclusive process for emergency disclosure requests.
(B) Exclusive access and service for law enforcement personnel.
(C) An ability to comply with a law enforcement request for
information regardless of the location of the data.
(D) Continual availability of the law enforcement
contact. contact or contacts.
(E) The authority to make decisions regarding warrants and the
disclosure of information and data.
(2) The Attorney General shall, annually, distribute 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 pursuant to Section 1502.7 of the Corporations
Code to local law enforcement agencies.