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 if there is probable cause to believe that specified grounds exist.begin delete Existing law also establishes procedures for certain California corporations when served with a warrant issued by a court in another state.end delete
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 Attorney General identifying a corporate law enforcement contact or contacts, as specified. The bill 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.
end deleteThis bill would require service providers, as defined, to maintain a law enforcement contact process that meets specified criteria and, by July 1, 2017, file a statement with the Attorney General describing that process. The bill would require a service provider to file a statement with the Attorney General describing any material change to its process as soon as practicable after making that change. The bill would require the Attorney General to consolidate the statements received pursuant to these provisions in one discrete record and regularly make that record available to law enforcement agencies. The bill would make the statements confidential and prohibit their disclosure pursuant to any state law. By increasing the duties of local law enforcement agencies to maintain confidential records, the bill would impose a state-mandated local program.
end insertbegin insertExisting constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertbegin insertThe California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 1524.4 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
2read:end insert
(a) This section applies to a service provider, as
4defined in subdivision (j) of Section 1546, that operates in
5California. This section does not apply to a service provider that
6does not offer services to the general public.
7
(b) (1) Every service provider described in subdivision (a) shall
8maintain a law enforcement contact process that meets the criteria
9set forth in paragraph (2).
10
(2) Every service provider described in subdivision (a) shall
11ensure, at a minimum, that its law enforcement contact process
12meets all of the following criteria:
13
(A) Provides a specific contact mechanism for law
enforcement
14personnel.
15
(B) Provides continual availability of the law enforcement
16contact process.
17
(C) Creates a method to provide status updates to a requesting
18law enforcement agency on a request for assistance, and the name
19of, and a direct means of communicating with, the individual
20responsible for processing the request.
21
(3) Every service provider described in subdivision (a) shall,
22by July 1, 2017, file a statement with the Attorney General
23describing the law enforcement contact process maintained
24pursuant to paragraph (1). If a service provider makes a material
25change to its law enforcement contact process, the service provider
26shall, as soon as practicable, file a statement with the Attorney
27General describing its new law enforcement contact process.
28
(c) The Attorney General shall consolidate the statements
29received pursuant to this section into one discrete record and
30regularly make that record available to local law enforcement
31agencies.
32
(d) The exclusive remedy for a violation of this section shall be
33an action brought by the Attorney General for injunctive relief.
34Nothing in this section shall limit remedies available for a violation
35of any other state or federal law.
36
(e) A statement filed or distributed pursuant to this section is
37confidential and shall not be disclosed pursuant to any state law,
38including, but not limited to, the California Public Records Act
P4 1(Chapter 3.5 (commencing with Section 6250) of Division 7 of
2Title 1 of the Government Code).
The Legislature finds and declares that Section 1 of
4this act, which adds Section 1524.4 to the Penal Code, imposes a
5limitation on the public’s right of access to the meetings of public
6bodies or the writings of public officials and agencies within the
7meaning of Section 3 of Article I of the California Constitution.
8Pursuant to that constitutional provision, the Legislature makes
9the following findings to demonstrate the interest protected by this
10limitation and the need for protecting that interest:
11
In order to protect the internal processes of
private businesses
12from unnecessary intrusion and facilitate contact between law
13enforcement and private businesses regarding access to
14information that will protect public health and safety, it is
15necessary to limit access to statements filed by service providers
16that describe the service providers’ law enforcement contact
17processes.
The Legislature finds and declares that Section 1 of
19this act, which adds Section 1524.4 to the Penal Code, furthers,
20within the meaning of paragraph (7) of subdivision (b) of Section
213 of Article I of the California Constitution, the purposes of that
22constitutional section as it relates to the right of public access to
23the meetings of local public bodies or the writings of local public
24officials and local agencies. Pursuant to paragraph (7) of
25subdivision (b) of Section 3 of Article I of the California
26Constitution, the Legislature makes the following findings:
27
By facilitating contact between law enforcement and service
28providers regarding access to information that will protect public
29health and safety, by appropriately limiting access to internal
30business processes, this bill furthers the purpose of paragraph (7)
31of subdivision (b) of Section 3 of Article I of the California
32Constitution.
No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district under this act would result from a legislative mandate that
37is within the scope of paragraph (7) of subdivision (b) of Section
383 of Article I of the California Constitution.
Section 1524.4 is added to the Penal Code, to
40read:
(a) This section applies to a corporation operating in
2California that is a service provider, as defined in subdivision (j)
3of Section 1546, that generates customer data for 1,000,000 or
4more people annually. This section does not apply to a service
5provider that does not offer services to the general public.
6(b) (1) A corporation described in subdivision (a) shall designate
7a corporate law enforcement contact that is, or contacts that are,
8responsible for the requirements established pursuant to paragraph
9(1) of subdivision (c). Those requirements may be fulfilled by
10means of an Internet Web portal, telecommunications, or any
11combination of those communication methods. If a corporate law
12enforcement contact is no longer employed by the corporation, the
13corporation shall forthwith designate any new corporate law
14enforcement contact or contacts.
15(2) Every corporation described in subdivision (a) shall, at least
16annually, file a statement with the Attorney General identifying
17the corporate law enforcement contact or contacts designated
18pursuant to paragraph (1). If a corporation designates any new
19corporate law enforcement
contact or contacts pursuant to
20paragraph (1), the corporation shall forthwith file a statement with
21the Attorney General identifying the new corporate law
22enforcement contact or contacts.
23(c) (1) By July 1, 2017, service providers shall, at a minimum,
24provide the following through their law enforcement contact or
25contacts:
26(A) An exclusive process for emergency disclosure requests.
27(B) Exclusive access and service for law enforcement personnel.
28(C) An ability to comply with a law enforcement request for
29information regardless of the location of the data.
30(D) Continual availability
of the law enforcement contact or
31contacts.
32(E) The authority to make decisions regarding warrants and the
33disclosure of information and data.
34(2) The Attorney General shall, annually, distribute information
35describing how to access each of the corporate law enforcement
36contacts created from the statements that he or she receives
37pursuant to paragraph (2) of subdivision (b) to local law
38enforcement agencies.
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