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.
This 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.
Existing 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.
This bill would make legislative findings to that effect.
The 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.
This bill would make legislative findings to that effect.
The 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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1524.4 is added to the Penal Code, to
2read:
(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).
P3 1(2) Every service provider described in subdivision (a) shall
2ensure, at a minimum, that its law enforcement contact process
3meets all of the following criteria:
4(A) Provides a specific contact mechanism for law
enforcement
5personnel.
6(B) Provides continual availability of the law enforcement
7contact process.
8(C) Creates a method to provide status updates to a requesting
9law enforcement agency on a request forbegin delete assistance, and the name begin insert assistanceend insert and a direct means of communicating
10of,end deletebegin delete with,end deletebegin insert withend insert the
11individualbegin insert or group of individualsend insert responsible for processing the
12request.
13(3) Every service provider described in subdivision (a) shall,
14by July 1, 2017, file a statement with the Attorney General
15describing the law enforcement contact process maintained
16pursuant to paragraph (1). If a service provider makes a material
17change to its law enforcement contact process, the service provider
18shall, as soon as practicable, file a statement with the Attorney
19General describing its new law enforcement contact process.
20(c) The Attorney General shall consolidate the statements
21received pursuant to this section into one discrete record and
22regularly make that record available to local law enforcement
23agencies.
24(d) The exclusive remedy for a violation of this section shall be
25an action brought by the Attorney General for injunctive relief.
26Nothing in this section shall limit remedies available for a
violation
27of any other state or federal law.
28(e) A statement filed or distributed pursuant to this section is
29confidential and shall not be disclosed pursuant to any state law,
30including, but not limited to, the California Public Records Act
31(Chapter 3.5 (commencing with Section 6250) of Division 7 of
32Title 1 of the Government Code).
The Legislature finds and declares that Section 1 of
34this act, which adds Section 1524.4 to the Penal Code, imposes a
35limitation on the public’s right of access to the meetings of public
36bodies or the writings of public officials and agencies within the
37meaning of Section 3 of Article I of the California Constitution.
38Pursuant to that constitutional provision, the Legislature makes
39the following findings to demonstrate the interest protected by this
40limitation and the need for protecting that interest:
P4 1In order to protect the internal processes of private businesses
2from unnecessary intrusion and facilitate contact between law
3enforcement and private businesses regarding access to information
4that will protect public health and safety, it is
necessary to limit
5access to statements filed by service providers that describe the
6service providers’ law enforcement contact processes.
The Legislature finds and declares that Section 1 of
8this act, which adds Section 1524.4 to the Penal Code, furthers,
9within the meaning of paragraph (7) of subdivision (b) of Section
103 of Article I of the California Constitution, the purposes of that
11constitutional section as it relates to the right of public access to
12the meetings of local public bodies or the writings of local public
13officials and local agencies. Pursuant to paragraph (7) of
14subdivision (b) of Section 3 of Article I of the California
15Constitution, the Legislature makes the following findings:
16By facilitating contact between law enforcement and service
17providers regarding access to information that will protect public
18health andbegin delete safety,end deletebegin insert
safety andend insert by appropriately limiting access to
19internal business processes, this bill furthers the purpose of
20paragraph (7) of subdivision (b) of Section 3 of Article I of the
21California Constitution.
No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district under this act would result from a legislative mandate that
26is within the scope of paragraph (7) of subdivision (b) of Section
273 of Article I of the California Constitution.
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