SB 690,
as amended, Stone. begin deleteRobbery. end deletebegin insertPrivacy.end insert
Existing law makes it a misdemeanor to use an electronic tracking device to determine the location or movement of a person. Existing law defines electronic tracking device to mean any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals.
end insertbegin insertThis bill would expand those provisions to include using an electronic tracking device to determine the location or movement of an object as well as a person. The bill would define electronic tracking device as any electronic or mechanical device that permits the tracking of the movement of a person or object. By expanding the definition of a crime, this bill would create a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law makes it a felony to take personal property in the possession of another, from his or her person or immediate presence, and against his or her will, through the use of force or fear.
end deleteThis bill would make technical, nonsubstantive changes to those provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 637.7 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert
(a) No person or entity in this state shall use an
4electronic tracking device to determine the location or movement
5of abegin delete person.end deletebegin insert person or object.end insert
6(b) This section shall not apply when the registeredbegin delete owner,end delete
7begin insert owner of a vehicle, the owner of an object, or the subscriber,end insert lessor,
8or lessee of a vehiclebegin insert
or objectend insert has consented to the use of the
9electronic tracking device with respect to thatbegin delete vehicle.end deletebegin insert
vehicle or
10object.end insert
11(c) This section shall not apply to the lawful use of an electronic
12tracking device by a law enforcement agency.
13(d) As used in this section, “electronic tracking device” means
14anybegin delete device attached to a vehicle or other movable thing that reveals
15its location or movement by the transmission of electronic signals.end delete
16begin insert electronic or mechanical device that permits the tracking of the
17movement of a person or object.end insert
18(e) A violation of this section is a misdemeanor.
19(f) A violation of this section by a person,
business, firm,
20company, association, partnership, or corporation licensed under
21Division 3 (commencing with Section 5000) of the Business and
22Professions Code shall constitute grounds for revocation of the
23license issued to that person, business, firm, company, association,
24partnership, or corporation, pursuant to the provisions that provide
25for the revocation of the license as set forth in Division 3
26(commencing with Section 5000) of the Business and Professions
27Code.
No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
P3 1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.
Section 211 of the Penal Code is amended to
5read:
Robbery is the felonious taking of personal property in
7the possession of another, from his or her person or immediate
8presence, and against his or her will, accomplished by means of
9force or fear.
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