BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1121| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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)) SB 1121 Page 3 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 **** END ****