BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1121|
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                                      CONSENT 


          Bill No:  SB 1121
          Author:   Leno (D) 
          Amended:  3/29/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 4/19/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   Privacy:  electronic communications:  search warrant


          SOURCE:    Author


          DIGEST:  This bill makes technical and clean-up changes to the  
          Electronic Communications Privacy Act (CalECPA).


          ANALYSIS:  

          Existing law:

          1)Provides that a government entity may access electronic device  
            information by means of a physical interaction or electronic  
            communication device only: pursuant to a warrant; wiretap;  
            with authorization of the possessor of the device; with  
            consent of the owner of the device; in an emergency; if seized  
            from an inmate. (Penal Code § 1546.1(c))


          2)Provides that if a government entity receives electronic  
            communication voluntarily it shall destroy that information  
            within 90 days except under specified circumstances.  (Penal  








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            Code § 1546.1(g))


          3)Provides for notice to the target of a warrant or an emergency  
            obtaining electronic information to be provided either  
            contemporaneously with the service of the warrant or within  
            three days in an emergency situation.  (Penal Code §  
            1546.2(a))


          This bill:


          1)Allows access to electronic device information by the  
            government in response to a contact made by a member of the  
            public using a 911 emergency communication system, but only to  
            access information concerning the location of the electronic  
            device that initiated the contact.


          2)Adds an additional exception to the destruction requirement if  
            the service provider or subscriber is a federal, state or  
            local prison, jail or juvenile detention facility and all  
            parties to the electronic communication were informed, prior  
            to the communication, that the service provider may disclose  
            information to the entity.


          3)Clarifies that the notice to the target requirement is three  
            court days.


          Background


          According to the author:


            Through the implementation process of CalECPA, several  
            technical, clarifying changes have been identified that  
            will improve compliance with the new law.  This bill  
            addresses those concerns and is a clean-up bill to SB 178  








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            [Leno, Chapter 651, Statutes of 2015].




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified5/3/16)


          American Civil Liberties Union


          OPPOSITION:   (Verified 5/3/16)


          None received






          Prepared by:Mary Kennedy / PUB. S. /
          5/4/16 14:58:10


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