BILL NUMBER: AB 1993 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 14, 2016
AMENDED IN ASSEMBLY MAY 12, 2016
AMENDED IN ASSEMBLY APRIL 19, 2016
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 1524.4 to the Penal Code, relating to law
enforcement.
LEGISLATIVE COUNSEL'S DIGEST
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 service providers, as defined,
providers 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 1. The Legislature finds and declares that
Section 2 of this act, which adds Section 1524.4 to the Penal Code,
is intended to reduce investigation time and facilitate efficient
communication between law enforcement personnel and electronic
communication service providers that provide service to the general
public and that have received requests from law enforcement personnel
for electronic communication and electronic communication
information subject to the Electronic Communications Privacy Act
(Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of
the Penal Code). It shall not be construed to apply to a person or
entity solely on the basis that the person or entity is a subscriber
to an electronic communication service or a customer of an electronic
communication service provider.
SECTION 1. SEC. 2. Section 1524.4 is
added to the Penal Code, to read:
1524.4. (a) This section applies to a service provider,
as defined in subdivision (j) of Section 1546,
provider that is subject to the Electronic Communications Privacy Act
(Chapter 3.6 (commencing with Section 1546)) and that operates
in California. This section does not apply to a service provider
that does not offer services to the general public.
(b) (1) Every service provider described in subdivision (a) shall
maintain a law enforcement contact process that meets the criteria
set forth in paragraph (2).
(2) Every service provider described in subdivision (a) shall
ensure, at a minimum, that its law enforcement contact process meets
all of the following criteria:
(A) Provides a specific contact mechanism for law enforcement
personnel.
(B) Provides continual availability of the law enforcement contact
process.
(C) Provides a method to provide status updates to a requesting
law enforcement agency on a request for assistance.
(3) Every service provider described in subdivision (a) shall, by
July 1, 2017, file a statement with the Attorney General describing
the law enforcement contact process maintained pursuant to paragraph
(1). If a service provider makes a material change to its law
enforcement contact process, the service provider shall, as soon as
practicable, file a statement with the Attorney General describing
its new law enforcement contact process.
(c) The Attorney General shall consolidate the statements received
pursuant to this section into one discrete record and regularly make
that record available to local law enforcement agencies.
(d) The exclusive remedy for a violation of this section shall be
an action brought by the Attorney General for injunctive relief.
Nothing in this section shall limit remedies available for a
violation of any other state or federal law.
(e) A statement filed or distributed pursuant to this section is
confidential and shall not be disclosed pursuant to any state law,
including, but not limited to, the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code).
SEC. 2. SEC. 3. The Legislature
finds and declares that Section 1 2 of
this act, which adds Section 1524.4 to the Penal Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
In order to protect the internal processes of private businesses
from unnecessary intrusion and facilitate contact between law
enforcement and private businesses regarding access to information
that will protect public health and safety, it is necessary to limit
access to statements filed by service providers that describe the
service providers' law enforcement contact processes.
SEC. 3. SEC. 4. The Legislature
finds and declares that Section 1 2 of
this act, which adds Section 1524.4 to the Penal Code, furthers,
within the meaning of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the purposes of that
constitutional section as it relates to the right of public access to
the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:
By facilitating contact between law enforcement and service
providers regarding access to information that will protect public
health and safety and by appropriately limiting access to internal
business processes, this bill furthers the purpose of paragraph (7)
of subdivision (b) of Section 3 of Article I of the California
Constitution.
SEC. 4. SEC. 5. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district under this act would result from
a legislative mandate that is within the scope of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution.