AB 1993,
as amended, Irwin. begin deleteCorporate law end deletebegin insertLaw end insertenforcementbegin delete contacts.end deletebegin insert contact process: service providers.end insert
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.
P3 1(b) (1) Every service provider described in subdivision (a) shall
2maintain a law enforcement contact process that meets the criteria
3set forth in paragraph (2).
4(2) Every service provider described in subdivision (a) shall
5ensure, at a minimum, that its law enforcement contact process
6meets all of the following criteria:
7(A) Provides a specific contact mechanism for law enforcement
8personnel.
9(B) Provides continual availability of the law enforcement
10contact process.
11(C) begin deleteCreates end deletebegin insertProvides end inserta method to provide status updates to a
12requesting law enforcement agency on a request forbegin delete assistance and begin insert assistance.end insert
13a direct means of communicating with the individual or group of
14individuals responsible for processing the request.end delete
15(3) Every service provider described in subdivision (a) shall,
16by July 1, 2017, file a statement with the Attorney General
17describing the law enforcement contact process maintained
18pursuant to paragraph (1). If a service provider makes a material
19change to its law enforcement contact process, the service provider
20shall, as soon as practicable, file a statement with the Attorney
21General describing its new law enforcement contact process.
22(c) The Attorney General shall consolidate the statements
23received pursuant to this section into one discrete record and
24regularly make that record available to local law enforcement
25agencies.
26(d) The exclusive remedy for a violation of this section shall be
27an action brought by the
Attorney General for injunctive relief.
28Nothing in this section shall limit remedies available for a violation
29of any other state or federal law.
30(e) A statement filed or distributed pursuant to this section is
31confidential and shall not be disclosed pursuant to any state law,
32including, but not limited to, the California Public Records Act
33(Chapter 3.5 (commencing with Section 6250) of Division 7 of
34Title 1 of the Government Code).
The Legislature finds and declares that Section 1 of
36this act, which adds Section 1524.4 to the Penal Code, imposes a
37limitation on the public’s right of access to the meetings of public
38bodies or the writings of public officials and agencies within the
39meaning of Section 3 of Article I of the California Constitution.
40Pursuant to that constitutional provision, the Legislature makes
P4 1the following findings to demonstrate the interest protected by this
2limitation and the need for protecting that interest:
3In order to protect the internal processes of private businesses
4from unnecessary intrusion and facilitate contact between law
5enforcement and private
businesses regarding access to information
6that will protect public health and safety, it is necessary to limit
7access to statements filed by service providers that describe the
8service providers’ law enforcement contact processes.
The Legislature finds and declares that Section 1 of
10this act, which adds Section 1524.4 to the Penal Code, furthers,
11within the meaning of paragraph (7) of subdivision (b) of Section
123 of Article I of the California Constitution, the purposes of that
13constitutional section as it relates to the right of public access to
14the meetings of local public bodies or the writings of local public
15officials and local agencies. Pursuant to paragraph (7) of
16subdivision (b) of Section 3 of Article I of the California
17Constitution, the Legislature makes the following findings:
18By facilitating contact between law enforcement and service
19providers regarding access to
information that will protect public
20health and safety and by appropriately limiting access to internal
21business processes, this bill furthers the purpose of paragraph (7)
22of subdivision (b) of Section 3 of Article I of the California
23Constitution.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district under this act would result from a legislative mandate that
28is within the scope of paragraph (7) of subdivision (b) of Section
293 of Article I of the California Constitution.
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