BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 676  


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          Date of Hearing:  July 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 676  
          (Cannella) - As Amended July 2, 2015


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          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  








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          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  








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            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  








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            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
















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