BILL ANALYSIS Ó SB 676 Page 1 Date of Hearing: July 15, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 676 (Cannella) - As Amended July 2, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill creates a process for pre-conviction forfeiture and destruction of images which are the subject of disorderly conduct cases, and allows computers and electronic devices used in the commission of those crimes to be subject to forfeiture SB 676 Page 2 after a conviction is obtained. Specifically, this bill: 1)States that matter, as defined, obtained or distributed in violation of specified disorderly conduct offenses, including "revenge porn," and which is in the possession of a government official or agency is subject to forfeiture. 2)Allows the Attorney General, district attorney, county counsel, or city attorney to initiate a forfeiture petition filed in the superior court in the county in which the matter is located. 3)Adds disorderly conduct offenses to the list of offenses for which a computer may be subject to forfeiture upon a criminal conviction. FISCAL EFFECT: Minor absorbable costs. COMMENTS: 1)Purpose. According to the author, "Assuming they were not stolen, cyber exploitation images can remain the property of the distributing offender even after conviction. Without the ability to seek forfeiture and destruction of cyber exploitation images, it is difficult to remove the images from the Internet when they are reposted, even following a successful prosecution of the original poster. Similar to existing child pornography statute, this bill would state that upon conviction those images are subject to forfeiture to law enforcement for destruction. It would also allow a prosecuting agency to file a petition for forfeiture of matter already found to be cyber exploitation images that have been SB 676 Page 3 reposted by others." 2)Background. Current law authorizes pre-conviction forfeiture and destruction of matter that depicts persons under the age of 18 years personally engaging in or simulating sexual conduct when that matter is in the possession of a government entity. California law also authorizes the forfeiture of computer equipment and related software when a defendant is convicted of specified computer crimes, including computer access crimes, identity theft, forgeries and frauds, possession and distribution of child pornography, criminal threats, and stalking. This law is meant to take away the tools of the trade. The property that is forfeitable is limited to specified telecommunications equipment, a computer, computer system, network, software, or data residing on it. This bill authorizes computer forfeiture upon conviction of specified disorderly conduct offenses, including revenge porn and making a concealed recording of a person in a state of undress or in his or her undergarments in an area where that person has a reasonable expectation of privacy under the theory that the electronic equipment is property which facilitated the commission of the crime. As with child pornography cases, this bill provides a mechanism whereby a government agency can petition the court for the forfeiture of the offending image and its destruction before the defendant has been convicted. The rationale is to prevent the defendant from further distributing the image at issue. 3)Argument in Support: According to the California Department of Justice, the sponsor of this bill, "Cyber exploitation is not currently included in the list of computer crimes subject to forfeiture, and there is currently no effective mechanism SB 676 Page 4 for removing images that have been found to be in violation of cyber exploitation laws short of obtaining an entirely new criminal conviction for each additional distributor. "SB 676 addresses this problem by first adding cyber exploitation to the list of computer crimes eligible for forfeiture following a conviction. Second, the bill provides law enforcement with a process for seeking a court order to remove and destroy reposted cyber exploitation images." 4)Related Legislation: a) AB 32 (Waldron), pending in Senate Public Safety, tolls the statute of limitations for illegally acquiring digital images of a person that displays an intimate body part of a person. b) AB 1310 (Gatto), pending in Senate Appropriations, expands the jurisdiction of a criminal action for specified conduct, including "revenge porn" to include the county in which the offense occurred, the county in which the victim resided at the time the offense was committed, or the county in which the intimate image was used for an illegal purpose. Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081 SB 676 Page 5