BILL NUMBER: AB 1993	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 25, 2016
	PASSED THE ASSEMBLY  AUGUST 30, 2016
	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, 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 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.


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.
  SEC. 2.  Section 1524.4 is added to the Penal Code, to read:
   1524.4.  (a) This section applies to a service 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. 3.  The Legislature finds and declares that Section 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. 4.  The Legislature finds and declares that Section 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. 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.