Amended in Senate April 15, 2015

Amended in Senate March 17, 2015

Senate BillNo. 30


Introduced by Senator Gaines

December 1, 2014


An act to amendbegin delete Sectionend deletebegin insert Sections 215 andend insert 502 ofbegin delete, and to add Sections 487k and 487l to,end delete the Penal Code, relating tobegin delete theft.end deletebegin insert carjacking.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 30, as amended, Gaines. begin deleteTheft: vehicles. end deletebegin insertCarjacking.end insert

begin insert

Under existing law, carjacking is the felonious taking of a motor vehicle in the possession of another from his or her person or immediate presence, or from the person or immediate presence of a passenger, against his or her will, and with intent either to permanently or temporarily deprive the person in possession of his or her possession, accomplished by means of force or fear. Carjacking is punishable by imprisonment in the state prison for 3, 5, or 9 years.

end insert
begin insert

This bill would expand the methods by which carjacking can be accomplished to include remotely commandeering the vehicle through access of one or more of the vehicle’s operating systems, as defined. This bill would make a conforming change to a related provision.

end insert
begin delete

Under existing law, every person who feloniously steals, takes, carries, leads, or drives away the personal property of another, or who fraudulently appropriates the property which has been entrusted to him or her, among other things, is guilty of theft. Under existing law, grand theft is generally theft committed when the money, labor, or real or personal property taken is of a value exceeding $950, or when certain kinds of property are taken. Under existing law, grand theft is punishable either as a felony or a misdemeanor. The Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes the crime punishable as a misdemeanor, except in cases when the defendant has previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender.

end delete
begin delete

This bill would make a person who steals, takes, or carries away a motorized vehicle with a value exceeding $950 by commandeering the vehicle through access of the vehicle’s operating system, as specified, without the consent of the owner or operator of the vehicle guilty of the felony of grand theft, and punishable by imprisonment in the state prison for 3 years. This bill would make a person who steals, takes, or carries away in the same manner a motorized vehicle with a value not exceeding $950 guilty of petty theft, punishable by a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or both. This bill would make a conforming change to a related provision.

end delete

By expanding the scope of a crime, this bill would impose a state-mandated local program.

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:

begin delete
P2    1

SECTION 1.  

Section 487k is added to the Penal Code, to read:

2

487k.  

(a) A person who steals, takes, or carries away the
3vehicle of another that is of a value exceeding nine hundred fifty
4dollars ($950) by remotely commandeering the vehicle through
5access of a vehicle operating system without the consent of the
6owner or operator of the vehicle is guilty of the felony of grand
7theft, and is punishable by imprisonment in the state prison for 3
8years.

9(b) For the purposes of this section, the term “vehicle” is limited
10to motorized vehicles.

P3    1(c) For the purposes of this section, the term “vehicle operating
2system” means a device or collection of devices, including support
3devices, installed in a vehicle, one or more of which contain
4computer programs, electronic instructions, input data, and output
5data, that performs functions including, but not limited to, logic,
6arithmetic, data storage and retrieval, communication, and control
7of the vehicle’s steering, propulsion, braking, onboard navigation,
8or global positioning systems.

9(d) For the purposes of this section, the term “access” includes
10transmission of navigational data that causes the operator or vehicle
11operating system in immediate control of the vehicle to alter the
12vehicle’s path or course of travel.

end delete
13begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 215 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
14read:end insert

15

215.  

(a) “Carjacking” is the felonious taking of a motor vehicle
16in the possession of another, from his or her person or immediate
17presence, or from the person or immediate presence of a passenger
18of the motor vehicle, against his or her will and with the intent to
19 either permanently or temporarily deprive the person in possession
20of the motor vehicle of his or her possession, accomplished by
21means ofbegin delete force or fear.end deletebegin insert force, fear, or by remotely commandeering
22the vehicle through access of one or more of a vehicle’s operating
23systems.end insert

24(b) Carjacking is punishable by imprisonment in the state prison
25for a term of three, five, or nine years.

26(c) This section shall not be construed to supersede or affect
27Section 211. A person may be charged with a violation of this
28section and Section 211. However,begin delete noend deletebegin insert aend insert defendantbegin delete mayend deletebegin insert shall notend insert
29 be punished under this section and Section 211 for the same act
30which constitutes a violation of both this section and Section 211.

begin insert

31(d) For purposes of this section, the following definitions apply;

end insert
begin insert

32(1) “Remotely commandeering a vehicle” means assuming
33electronic control of the vehicle’s onboard navigation, propulsion,
34braking, steering or global positioning systems, for the purpose
35of manipulating the operator’s intended path or course of travel.

end insert
begin insert

36(2) “Vehicle operating system” means a device or collection of
37devices, including support devices, installed in a vehicle, one or
38more of which contain computer programs, electronic instructions,
39input data, and output data, that performs functions including, but
40not limited to, logic, arithmetic, data storage and retrieval,
P4    1communication, and control of the vehicle’s steering, propulsion,
2braking, onboard navigation, or global positioning systems.

end insert
begin delete
3

SEC. 2.  

Section 487l is added to the Penal Code, to read:

4

487l.  

(a) A person who steals, takes, or carries away the vehicle
5of another that is of a value not exceeding nine hundred fifty dollars
6($950) by remotely commandeering the vehicle through access of
7a vehicle operating system without the consent of the owner or
8operator of the vehicle is guilty of petty theft.

9(b) For the purposes of this section, the term “vehicle” is limited
10to motorized vehicles.

11(c) For the purposes of this section, the term “vehicle operating
12system” means a device or collection of devices, including support
13devices, installed in a vehicle, one or more of which contain
14computer programs, electronic instructions, input data, and output
15data, that performs functions including, but not limited to, logic,
16arithmetic, data storage and retrieval, communication, and control
17of the vehicle’s steering, propulsion, braking, onboard navigation,
18or global positioning systems.

19(d) For the purposes of this section, the term “access” includes
20transmission of navigational data that causes the operator or vehicle
21operating system in immediate control of the vehicle to alter the
22vehicle’s path or course of travel.

end delete
23

begin deleteSEC. 3.end delete
24begin insertSEC. 2.end insert  

Section 502 of the Penal Code is amended to read:

25

502.  

(a) It is the intent of the Legislature in enacting this
26section to expand the degree of protection afforded to individuals,
27businesses, and governmental agencies from tampering,
28interference, damage, and unauthorized access to lawfully created
29computer data and computer systems. The Legislature finds and
30declares that the proliferation of computer technology has resulted
31in a concomitant proliferation of computer crime and other forms
32of unauthorized access to computers, computer systems, and
33computer data.

34The Legislature further finds and declares that protection of the
35integrity of all types and forms of lawfully created computers,
36computer systems, and computer data is vital to the protection of
37the privacy of individuals as well as to the well-being of financial
38institutions, business concerns, governmental agencies, and others
39within this state that lawfully utilize those computers, computer
40systems, and data.

P5    1(b) For the purposes of this section, the following terms have
2the following meanings:

3(1) “Access” means to gain entry to, instruct, cause input to,
4cause output from, cause data processing with, or communicate
5with, the logical, arithmetical, or memory function resources of a
6computer, computer system, or computer network.

7(2) “Computer network” means any system that provides
8communications between one or more computer systems and
9input/output devices including, but not limited to, display terminals,
10remote systems, mobile devices, and printers connected by
11telecommunication facilities.

12(3) “Computer program or software” means a set of instructions
13or statements, and related data, that when executed in actual or
14modified form, cause a computer, computer system, or computer
15network to perform specified functions.

16(4) “Computer services” includes, but is not limited to, computer
17time, data processing, or storage functions, Internet services,
18electronic mail services, electronic message services, or other uses
19of a computer, computer system, or computer network.

20(5) “Computer system” means a device or collection of devices,
21including support devices and excluding calculators that are not
22programmable and capable of being used in conjunction with
23external files, one or more of which contain computer programs,
24electronic instructions, input data, and output data, that performs
25functions including, but not limited to, logic, arithmetic, data
26storage and retrieval, communication, and control. A computer
27system includes a vehicle operating system as that term is defined
28in subdivisionbegin delete (c) of Section 487kend deletebegin insert (d) of Section 215end insert.

29(6) “Government computer system” means any computer system,
30or part thereof, that is owned, operated, or used by any federal,
31state, or local governmental entity.

32(7) “Public safety infrastructure computer system” means any
33computer system, or part thereof, that is necessary for the health
34and safety of the public including computer systems owned,
35operated, or used by drinking water and wastewater treatment
36facilities, hospitals, emergency service providers,
37telecommunication companies, and gas and electric utility
38companies.

39(8) “Data” means a representation of information, knowledge,
40facts, concepts, computer software, computer programs or
P6    1instructions. Data may be in any form, in storage media, or as
2stored in the memory of the computer or in transit or presented on
3a display device.

4(9) “Supporting documentation” includes, but is not limited to,
5all information, in any form, pertaining to the design, construction,
6classification, implementation, use, or modification of a computer,
7computer system, computer network, computer program, or
8computer software, which information is not generally available
9to the public and is necessary for the operation of a computer,
10computer system, computer network, computer program, or
11computer software.

12(10) “Injury” means any alteration, deletion, damage, or
13destruction of a computer system, computer network, computer
14program, or data caused by the access, or the denial of access to
15legitimate users of a computer system, network, or program.

16(11) “Victim expenditure” means any expenditure reasonably
17and necessarily incurred by the owner or lessee to verify that a
18computer system, computer network, computer program, or data
19was or was not altered, deleted, damaged, or destroyed by the
20access.

21(12) “Computer contaminant” means any set of computer
22instructions that are designed to modify, damage, destroy, record,
23or transmit information within a computer, computer system, or
24computer network without the intent or permission of the owner
25of the information. They include, but are not limited to, a group
26of computer instructions commonly called viruses or worms, that
27are self-replicating or self-propagating and are designed to
28contaminate other computer programs or computer data, consume
29computer resources, modify, destroy, record, or transmit data, or
30in some other fashion usurp the normal operation of the computer,
31computer system, or computer network.

32(13) “Internet domain name” means a globally unique,
33hierarchical reference to an Internet host or service, assigned
34through centralized Internet naming authorities, comprising a series
35of character strings separated by periods, with the rightmost
36character string specifying the top of the hierarchy.

37(14) “Electronic mail” means an electronic message or computer
38file that is transmitted between two or more telecommunications
39devices; computers; computer networks, regardless of whether the
40network is a local, regional, or global network; or electronic devices
P7    1capable or receiving electronic messages, regardless of whether
2the message is converted to hard copy format after receipt, viewed
3upon transmission, or stored for later retrieval.

4(15) “Profile” means either of the following:

5(A) A configuration of user data required by a computer so that
6the user may access programs or services and have the desired
7functionality on that computer.

8(B) An Internet Web site user’s personal page or section of a
9page that is made up of data, in text of graphical form, that displays
10significant, unique, or identifying information, including, but not
11limited to, listing acquaintances, interests, associations, activities,
12or personal statements.

13(c) Except as provided in subdivision (h), any person who
14commits any of the following acts is guilty of a public offense:

15(1) Knowingly accesses and without permission alters, damages,
16deletes, destroys, or otherwise uses any data, computer, computer
17system, or computer network in order to either (A) devise or
18execute any scheme or artifice to defraud, deceive, or extort, or
19(B) wrongfully control or obtain money, property, or data.

20(2) Knowingly accesses and without permission takes, copies,
21or makes use of any data from a computer, computer system, or
22computer network, or takes or copies any supporting
23documentation, whether existing or residing internal or external
24to a computer, computer system, or computer network.

25(3) Knowingly and without permission uses or causes to be used
26computer services.

27(4) Knowingly accesses and without permission adds, alters,
28damages, deletes, or destroys any data, computer software, or
29computer programs which reside or exist internal or external to a
30computer, computer system, or computer network.

31(5) Knowingly and without permission disrupts or causes the
32disruption of computer services or denies or causes the denial of
33computer services to an authorized user of a computer, computer
34system, or computer network.

35(6) Knowingly and without permission provides or assists in
36providing a means of accessing a computer, computer system, or
37computer network in violation of this section.

38(7) Knowingly and without permission accesses or causes to be
39accessed any computer, computer system, or computer network.

P8    1(8) Knowingly introduces any computer contaminant into any
2computer, computer system, or computer network.

3(9) Knowingly and without permission uses the Internet domain
4name or profile of another individual, corporation, or entity in
5connection with the sending of one or more electronic mail
6messages or posts and thereby damages or causes damage to a
7computer, computer data, computer system, or computer network.

8(10) Knowingly and without permission disrupts or causes the
9disruption of government computer services or denies or causes
10the denial of government computer services to an authorized user
11of a government computer, computer system, or computer network.

12(11) Knowingly accesses and without permission adds, alters,
13damages, deletes, or destroys any data, computer software, or
14computer programs which reside or exist internal or external to a
15public safety infrastructure computer system computer, computer
16system, or computer network.

17(12) Knowingly and without permission disrupts or causes the
18disruption of public safety infrastructure computer system computer
19services or denies or causes the denial of computer services to an
20authorized user of a public safety infrastructure computer system
21computer, computer system, or computer network.

22(13) Knowingly and without permission provides or assists in
23providing a means of accessing a computer, computer system, or
24public safety infrastructure computer system computer, computer
25system, or computer network in violation of this section.

26(14) Knowingly introduces any computer contaminant into any
27public safety infrastructure computer system computer, computer
28system, or computer network.

29(d) (1) Any person who violates any of the provisions of
30paragraph (1), (2), (4), (5), (10), (11), or (12) of subdivision (c) is
31punishable by a fine not exceeding ten thousand dollars ($10,000),
32or by imprisonment pursuant to subdivision (h) of Section 1170
33for 16 months, or two or three years, or by both that fine and
34imprisonment, or by a fine not exceeding five thousand dollars
35($5,000), or by imprisonment in a county jail not exceeding one
36year, or by both that fine and imprisonment.

37(2) Any person who violates paragraph (3) of subdivision (c)
38is punishable as follows:

39(A) For the first violation that does not result in injury, and
40where the value of the computer services used does not exceed
P9    1nine hundred fifty dollars ($950), by a fine not exceeding five
2thousand dollars ($5,000), or by imprisonment in a county jail not
3exceeding one year, or by both that fine and imprisonment.

4(B) For any violation that results in a victim expenditure in an
5amount greater than five thousand dollars ($5,000) or in an injury,
6or if the value of the computer services used exceeds nine hundred
7fifty dollars ($950), or for any second or subsequent violation, by
8a fine not exceeding ten thousand dollars ($10,000), or by
9imprisonment pursuant to subdivision (h) of Section 1170 for 16
10months, or two or three years, or by both that fine and
11imprisonment, or by a fine not exceeding five thousand dollars
12($5,000), or by imprisonment in a county jail not exceeding one
13year, or by both that fine and imprisonment.

14(3) Any person who violates paragraph (6), (7), or (13) of
15subdivision (c) is punishable as follows:

16(A) For a first violation that does not result in injury, an
17infraction punishable by a fine not exceeding one thousand dollars
18($1,000).

19(B) For any violation that results in a victim expenditure in an
20amount not greater than five thousand dollars ($5,000), or for a
21 second or subsequent violation, by a fine not exceeding five
22thousand dollars ($5,000), or by imprisonment in a county jail not
23exceeding one year, or by both that fine and imprisonment.

24(C) For any violation that results in a victim expenditure in an
25amount greater than five thousand dollars ($5,000), by a fine not
26exceeding ten thousand dollars ($10,000), or by imprisonment
27pursuant to subdivision (h) of Section 1170 for 16 months, or two
28or three years, or by both that fine and imprisonment, or by a fine
29not exceeding five thousand dollars ($5,000), or by imprisonment
30in a county jail not exceeding one year, or by both that fine and
31imprisonment.

32(4) Any person who violates paragraph (8) or (14) of subdivision
33(c) is punishable as follows:

34(A) For a first violation that does not result in injury, a
35misdemeanor punishable by a fine not exceeding five thousand
36dollars ($5,000), or by imprisonment in a county jail not exceeding
37one year, or by both that fine and imprisonment.

38(B) For any violation that results in injury, or for a second or
39subsequent violation, by a fine not exceeding ten thousand dollars
40($10,000), or by imprisonment in a county jail not exceeding one
P10   1year, or by imprisonment pursuant to subdivision (h) of Section
21170, or by both that fine and imprisonment.

3(5) Any person who violates paragraph (9) of subdivision (c)
4is punishable as follows:

5(A) For a first violation that does not result in injury, an
6infraction punishable by a fine not exceeding one thousand dollars
7($1,000).

8(B) For any violation that results in injury, or for a second or
9 subsequent violation, by a fine not exceeding five thousand dollars
10($5,000), or by imprisonment in a county jail not exceeding one
11year, or by both that fine and imprisonment.

12(e) (1) In addition to any other civil remedy available, the owner
13or lessee of the computer, computer system, computer network,
14computer program, or data who suffers damage or loss by reason
15of a violation of any of the provisions of subdivision (c) may bring
16a civil action against the violator for compensatory damages and
17injunctive relief or other equitable relief. Compensatory damages
18shall include any expenditure reasonably and necessarily incurred
19by the owner or lessee to verify that a computer system, computer
20network, computer program, or data was or was not altered,
21damaged, or deleted by the access. For the purposes of actions
22 authorized by this subdivision, the conduct of an unemancipated
23minor shall be imputed to the parent or legal guardian having
24control or custody of the minor, pursuant to the provisions of
25Section 1714.1 of the Civil Code.

26(2) In any action brought pursuant to this subdivision the court
27may award reasonable attorney’s fees.

28(3) A community college, state university, or academic
29institution accredited in this state is required to include
30computer-related crimes as a specific violation of college or
31university student conduct policies and regulations that may subject
32a student to disciplinary sanctions up to and including dismissal
33from the academic institution. This paragraph shall not apply to
34the University of California unless the Board of Regents adopts a
35resolution to that effect.

36(4) In any action brought pursuant to this subdivision for a
37willful violation of the provisions of subdivision (c), where it is
38proved by clear and convincing evidence that a defendant has been
39guilty of oppression, fraud, or malice as defined in subdivision (c)
P11   1of Section 3294 of the Civil Code, the court may additionally award
2punitive or exemplary damages.

3(5) No action may be brought pursuant to this subdivision unless
4it is initiated within three years of the date of the act complained
5of, or the date of the discovery of the damage, whichever is later.

6(f) This section shall not be construed to preclude the
7applicability of any other provision of the criminal law of this state
8which applies or may apply to any transaction, nor shall it make
9illegal any employee labor relations activities that are within the
10scope and protection of state or federal labor laws.

11(g) Any computer, computer system, computer network, or any
12software or data, owned by the defendant, that is used during the
13commission of any public offense described in subdivision (c) or
14any computer, owned by the defendant, which is used as a
15repository for the storage of software or data illegally obtained in
16violation of subdivision (c) shall be subject to forfeiture, as
17specified in Section 502.01.

18(h) (1) Subdivision (c) does not apply to punish any acts which
19are committed by a person within the scope of his or her lawful
20employment. For purposes of this section, a person acts within the
21scope of his or her employment when he or she performs acts
22which are reasonably necessary to the performance of his or her
23work assignment.

24(2) Paragraph (3) of subdivision (c) does not apply to penalize
25any acts committed by a person acting outside of his or her lawful
26employment, provided that the employee’s activities do not cause
27an injury, to the employer or another, or provided that the value
28of supplies or computer services which are used does not exceed
29an accumulated total of two hundred fifty dollars ($250).

30(i) No activity exempted from prosecution under paragraph (2)
31of subdivision (h) which incidentally violates paragraph (2), (4),
32or (7) of subdivision (c) shall be prosecuted under those paragraphs.

33(j) For purposes of bringing a civil or a criminal action under
34this section, a person who causes, by any means, the access of a
35computer, computer system, or computer network in one
36jurisdiction from another jurisdiction is deemed to have personally
37accessed the computer, computer system, or computer network in
38each jurisdiction.

P12   1(k) In determining the terms and conditions applicable to a
2person convicted of a violation of this section the court shall
3consider the following:

4(1) The court shall consider prohibitions on access to and use
5of computers.

6(2) Except as otherwise required by law, the court shall consider
7alternate sentencing, including community service, if the defendant
8shows remorse and recognition of the wrongdoing, and an
9inclination not to repeat the offense.

10

begin deleteSEC. 4.end delete
11begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.



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