Amended in Assembly August 25, 2016

Amended in Assembly August 19, 2016

Amended in Assembly June 27, 2016

Amended in Senate April 5, 2016

Senate BillNo. 873


Introduced by Senator Beall

(Principal coauthor: Assembly Member Calderon)

January 14, 2016


An act to amend Section 881 of the Probate Code,begin delete as added by Assembly Bill 691 of the 2015-16 Regular Session,end delete relating to estates.

LEGISLATIVE COUNSEL’S DIGEST

SB 873, as amended, Beall. Revised Uniform Fiduciary Access to Digital Assets Act.

Existing law provides for the disposition of a testator’s property by will. Existing law also provides for the disposition of that portion of a decedent’s estate not disposed of by will. Existing law provides that the decedent’s property, including property devised by a will, is generally subject to probate administration, except as specified.

AB 691 of the 2015-16 Regular Session would enact the Revised Uniform Fiduciary Access to Digital Assets Act, which would authorize a decedent’s personal representative or trustee to access and manage digital assets and electronic communications, as specified. Among other provisions, AB 691 would provide that a custodian of digital assets, and its officers, employees, and agents, are immune from liability for an act or omission done in good faith and in compliance with the act.

This bill would specify that this immunity does not apply in a case of gross negligence or willful or wanton misconduct. The bill would become operative only if AB 691 is enacted prior to the enactment of this bill.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertIt is the intent of the Legislature that this act be
2enacted subsequent, and as a companion, to Assembly Bill 691 so
3that if Assembly Bill 691 is chaptered, the version of Section 881
4of the Probate Code contained in this act shall replace the version
5of that same section provided in Assembly Bill 691.end insert

6

begin deleteSECTION 1.end delete
7
begin insertSEC. 2.end insert  

Section 881 of the Probate Code, as added by Assembly
8Bill 691 of the 2015-16 Regular Session, is amended to read:

9

881.  

(a) Not later than 60 days after receipt of the information
10required under Sections 876 to 879, inclusive, a custodian shall
11comply with a request under this part from a fiduciary or designated
12recipient to disclose digital assets or terminate an account. If the
13custodian fails to comply with a request, the fiduciary or designated
14recipient may apply to the court for an order directing compliance.

15(b) An order under subdivision (a) directing compliance shall
16contain a finding that compliance is not in violation of Section
172702 of Title 18 of the United States Code.

18(c) A custodian may notify a user that a request for disclosure
19of digital assets or to terminate an account was made pursuant to
20this part.

21(d) A custodian may deny a request under this part from a
22fiduciary or designated recipient for disclosure of digital assets or
23to terminate an account if the custodian is aware of any lawful
24access to the account following the date of death of the user.

25(e) This part does not limit a custodian’s ability to obtain or to
26require a fiduciary or designated recipient requesting disclosure
27or account termination under this part to obtain a court order that
28makes all of the following findings:

29(1) The account belongs to the decedent, principal, or trustee.

30(2) There is sufficient consent from the decedent, principal, or
31settlor to support the requested disclosure.

32(3) Any specific factual finding required by any other applicable
33law in effect at that time, including, but not limited to, a finding
P3    1that disclosure is not in violation of Section 2702 of Title 18 of
2the United States Code.

3(f) (1) A custodian and its officers, employees, and agents are
4immune from liability for an act or omission done in good faith
5begin insert andend insert in compliance with this part.

6(2) The protections specified in paragraph (1) shall not apply
7in a case of gross negligence or willful or wanton misconduct of
8the custodian or its officers, employees, orbegin delete agents under this part.end delete
9
begin insert agents.end insert

10

begin deleteSEC. 2.end delete
11
begin insertSEC. 3.end insert  

This act shall become operative only if Assembly Bill
12691 is also enacted and this act is enacted after Assembly Bill 691.



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