AB 1993, as amended, Irwin. Law enforcement contact process: service providers.
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 servicebegin delete providers, as defined,end deletebegin insert providersend insert 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:
The Legislature finds and declares that Section
22 of this act, which adds Section 1524.4 to the Penal Code, is
3intended to reduce investigation time and facilitate efficient
4communication between law enforcement personnel and electronic
5communication service providers that provide service to the
6general public and that have received requests from law
7enforcement personnel for electronic communication and electronic
P3 1communication information subject to the Electronic
2Communications Privacy Act (Chapter 3.6 (commencing with
3Section 1546) of Title 12 of Part 2 of the Penal Code). It shall not
4be construed to
apply to a person or entity solely on the basis that
5the person or entity is a subscriber to an electronic communication
6service or a customer of an electronic communication service
7provider.
Section 1524.4 is added to the Penal Code, to read:
(a) This section applies to a servicebegin delete provider, as begin insert provider that is subject
11defined in subdivision (j) of Section 1546,end delete
12to the Electronic Communications Privacy Act (Chapter 3.6
13(commencing with Section 1546)) andend insert that operates in California.
14This section does not apply to a service provider that does not offer
15services to the general public.
16(b) (1) Every service provider described in subdivision (a) shall
17maintain a law enforcement contact process that meets the criteria
18set forth
in paragraph (2).
19(2) Every service provider described in subdivision (a) shall
20ensure, at a minimum, that its law enforcement contact process
21meets all of the following criteria:
22(A) Provides a specific contact mechanism for law enforcement
23personnel.
24(B) Provides continual availability of the law enforcement
25contact process.
26(C) Provides a method to provide status updates to a requesting
27law enforcement agency on a request for assistance.
28(3) Every service provider described in subdivision (a) shall,
29by July 1, 2017, file a statement with the Attorney General
30describing the law enforcement
contact process maintained
31pursuant to paragraph (1). If a service provider makes a material
32change to its law enforcement contact process, the service provider
33shall, as soon as practicable, file a statement with the Attorney
34General describing its new law enforcement contact process.
35(c) The Attorney General shall consolidate the statements
36received pursuant to this section into one discrete record and
37regularly make that record available to local law enforcement
38agencies.
39(d) The exclusive remedy for a violation of this section shall be
40an action brought by the Attorney General for injunctive relief.
P4 1Nothing in this section shall limit remedies available for a violation
2of any other state or federal law.
3(e) A
statement filed or distributed pursuant to this section is
4confidential and shall not be disclosed pursuant to any state law,
5including, but not limited to, the California Public Records Act
6(Chapter 3.5 (commencing with Section 6250) of Division 7 of
7Title 1 of the Government Code).
The Legislature finds and declares that Sectionbegin delete 1end deletebegin insert 2end insert of
10this act, which adds Section 1524.4 to the Penal Code, imposes a
11limitation on the public’s right of access to the meetings of public
12bodies or the writings of public officials and agencies within the
13meaning of Section 3 of Article I of the California Constitution.
14Pursuant to that constitutional
provision, the Legislature makes
15the following findings to demonstrate the interest protected by this
16limitation and the need for protecting that interest:
17In order to protect the internal processes of private businesses
18from unnecessary intrusion and facilitate contact between law
19enforcement and private businesses regarding access to information
20that will protect public health and safety, it is necessary to limit
21access to statements filed by service providers that describe the
22service providers’ law enforcement contact processes.
The Legislature finds and declares that Sectionbegin delete 1end deletebegin insert 2end insert of
25this act, which adds Section 1524.4 to the Penal Code, furthers,
26within the meaning of paragraph (7) of subdivision (b) of Section
273 of Article I of the California Constitution, the purposes of that
28constitutional section as it relates to the right of public access to
29the meetings of local public
bodies or the writings of local public
30officials and local agencies. Pursuant to paragraph (7) of
31subdivision (b) of Section 3 of Article I of the California
32Constitution, the Legislature makes the following findings:
33By facilitating contact between law enforcement and service
34providers regarding access to information that will protect public
35health and safety and by appropriately limiting access to internal
36business processes, this bill furthers the purpose of paragraph (7)
37of subdivision (b) of Section 3 of Article I of the California
38Constitution.
No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district under this act would result from a legislative mandate that
6is within the scope of paragraph (7) of subdivision (b) of Section
73 of Article I of the California Constitution.
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