BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 690|
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THIRD READING
Bill No: SB 690
Author: Stone (R)
Amended: 4/6/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/28/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Privacy
SOURCE: Crime Victims Action Alliance
DIGEST: This bill expands the provisions making it a
misdemeanor to use an electronic tracking device to determine
the movement of a person and to also prohibit the use of such a
device to track an object.
ANALYSIS:
Existing law:
1)Provides that no person or entity in this state shall use an
electronic tracking device to determine the location or
movement of a person. (Penal Code § 637.7(a))
2)Provides that the prohibition on tracking with an electronic
device shall not apply when the registered owner, lessor or
lessee of a vehicle has consented to the use of the electronic
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device with respect to that vehicle. (Penal Code § 637(b))
3)Provides that "electronic tracking device" means any device
attached to a vehicle or other movable thing that reveals its
location or movement by the transmission of electronic
signals. (Penal Code § 637(c))
This bill:
1)Provides that no person or entity shall use an electronic
device to determine the location or movement of an object.
2)Clarifies that the owner, lessor or lessee of an object can
consent.
3)Provides that "electronic tracking device" means any
electronic or mechanical device that permits the tracking of
the movement of a person or object.
Comments
The supporters state that there is evidence that abusers and
stalkers use the GPS tracking devices to track their victims.
According to a National Public Radio (NPR) article:
85 percent of the shelters we surveyed say they're
working directly with victims whose abusers tracked
them using GPS. Seventy-five percent say they're
working with victims whose abusers eavesdropped on
their conversation remotely-using hidden mobile apps.
And nearly have the shelters we surveyed have a policy
against using Facebook on premises, because they are
concerned a stalker can pinpoint location. (Shahani,
Aarti "Smartphones Are Used to Stalk Control Domestic
Abuse Victims" NPR all tech considered September 16,
2014)
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified5/11/15)
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Crime Victims Action Alliance (source)
Association for Los Angeles Deputy Sheriffs
Association of Deputy District Attorneys
California District Attorneys Association
Fraternal Order of Police
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Los Angeles District Attorney's Office
Riverside Sheriffs Association
Sacramento County Deputy Sheriffs' Association
Santa Ana Police Officers Association
OPPOSITION: (Verified5/11/15)
California Public Defenders Association
ARGUMENTS IN SUPPORT: According to this bill's sponsor, the
Crime Victims Action Alliance:
Today there are multiple versions of spyware available
that allow individuals to track a victims location and
movements by downloading applications onto a victim's
Smartphone, tablet or computer (often without the
victims consent or knowledge). Victims are also
increasingly being tracked by individuals who hack
into their vehicles navigation systems or On-Star type
devices. Some victims have even been tracked by
individuals placing GPS trackers in their clothes and
accessories. Unfortunately this type of conduct is
not prohibited by Penal Code Section 637.7.
***
SB 690 will help protect victims of stalking, domestic
violence and sexual assault from their abusers by
replacing the narrow, outdated definition of
electronic tracking device currently contained in
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Penal Code Section 637.7 with the broader, more
technologically updated definition of tracking device
contained in Penal Code Section 1534. Penal Code
Section 1534 governs the application and use of
tracking device search warrants by law enforcement.
Penal Code Section 1534 was specifically enacted to
deal with the use of GPS technology and other forms of
electronic tracking of both persons and objects in
response to a United States Supreme Court decision
involving GPS trackers.
ARGUMENTS IN OPPOSITION:The California Public Defenders
Association opposes this bill stating:
This would have a tendency to criminalize behavior
where the person doing it has no idea they are
breaking the law. While it attempts to protect
privacy, it really creates problems in today's
technological world. Any cellphone or any GPS device
has the capability of being used as a tracking device.
If a parent gives a cellphone to a child or a
teenager, that parent has just given the child or
teenager a device whereby the parent may track the
child or teenager. The same would apply to letting
someone use a car equipped with a GPS device.
The truth is that most people do not know they are
being tracked whenever they carry a smartphone. They
really don't give tacit permission for such tracking,
but it tracks them nonetheless.
People should have some idea that they are breaking
the law when they do something that does break the
law. This bill should require some intent to
unlawfully stalk the person being given the object
that allows tracking.
Prepared by:Mary Kennedy / PUB. S. /
5/15/15 15:45:11
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