BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1121|
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UNFINISHED BUSINESS
Bill No: SB 1121
Author: Leno (D)
Amended: 8/19/16
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
SENATE FLOOR: 36-0, 5/5/16 (Consent)
AYES: Allen, Bates, Beall, Berryhill, Block, Cannella, De
León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock,
Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno,
Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Morrell,
Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Wieckowski, Wolk
NO VOTE RECORDED: Anderson, Moorlach, Runner, Vidak
ASSEMBLY FLOOR: 80-0, 8/23/16 - See last page for vote
SUBJECT: Privacy: electronic communications
SOURCE: American Civil Liberties Union
DIGEST: This bill makes technical and clean-up changes to the
Electronic Communications Privacy Act (CalECPA).
Assembly Amendments (1) provide that emergency responders may
access location information from a device making a 911 call
without being subject to additional limitations or requirements;
(2) provide that electronic communications information disclosed
by prisons, jails, or juvenile detention facilities is not
subject to mandatory deletion after 90 days if all parties to
SB 1121
Page 2
the communication were informed that the facility may disclose
the information; (3) provide that notice in an emergency must be
provided within three court days rather than three calendar
days; (4) synchronize CalECPA notice provisions with the statute
for tracking warrants; (5) create an exemption from CalECPA for
people on parole and Post Release Community Supervision; (6)
create guidelines for those on probation, probation, postrelease
community supervision, mandatory supervision, or pretrial
release; and (7) clarify that nothing limits the authority of
the California Public Utilities Commission or the California
Energy Commission to obtain any energy or water supply and
consumption information pursuant to the powers granted to them
under the Public Utilities Code or the Public Resources Code and
other applicable state laws.
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
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))
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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
[Leno, Chapter 651, Statutes of 2015]."
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Assembly Appropriations Committee, there would
be negligible state fiscal impact.
SUPPORT: (Verified8/23/16)
SB 1121
Page 4
American Civil Liberties Union (source)
OPPOSITION: (Verified8/23/16)
None received
ASSEMBLY FLOOR: 80-0, 8/23/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
Prepared by:Mary Kennedy / PUB. S. /
8/23/16 20:19:23
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