BILL ANALYSIS
SENATE RULES COMMITTEE AB 2351
Office of Senate Floor Analyses
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THIRD READING
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Bill No: AB 2351
Author: Hertzberg (D), et al
Amended: 7/20/98 in Senate
Vote: 27
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SENATE PUBLIC SAFETY COMMITTEE : 8-0, 6/23/98
AYES: Vasconcellos, Rainey, Burton, Kopp, McPherson,
Polanco, Schiff, Watson
SENATE APPROPRIATIONS COMMITTEE : 13-0, 8/19/98
AYES: Johnston, Alpert, Burton, Calderon, Dills, Hughes,
Johnson, Karnette, Kelley, Leslie, McPherson, Mountjoy,
Vasconcellos
ASSEMBLY FLOOR : 72-0, 5/26/98 - See last page for vote
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SUBJECT : Computer crime
SOURCE : Author
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DIGEST : This bill adds threats, or annoying
communications made by electronic communication, such as
through the Internet, to existing statutes prohibiting
threats or annoying communications by other means.
The bill would require field peace officers to be trained
in high technology crimes; and to provide for a study of a
state-operated center on computer forensics.
ANALYSIS : Existing law defines stalking as the willful,
malicious, and repeated following or harassing of another,
where a credible threat has been communicated to the victim
with the intent of placing the victim in reasonable fear
for his or her safety. It is punishable as an alternative
felony/misdemeanor, punishable by imprisonment in a county
jail not to exceed one year and/or a fine of up to $1,000,
or in state prison for 16 months, two years, or three
years.
This bill would expand the definition of "credible threat"
to include threats communicated by any electronic
communication device, including telephones, cellular
phones, computers, video recorders, fax machines, or
pagers.
Existing law prohibits, regardless of the good faith of the
caller, the making of telephone calls to others with the
intent to annoy, where the caller either uses obscene
language or makes threats to the other party's person or
property. Existing law also prohibits the repeated
telephoning of another at the recipient's residence or,
under certain circumstances, place of work, with the intent
to annoy, except where the repeated telephoning is
conducted in good faith. An offense committed by use of a
telephone may be deemed to have been committed either where
the call was made or where it was received. The offense is
a misdemeanor.
This bill would expand these provisions to include the
sending of electronic communications. In the case of
electronic communications, the violation would be deemed to
be at the location from which the communication was sent,
was received by the recipient's service provider, was first
viewed by the recipient, or at the recipient's permanent
address. This provision would adopt the federal definition
of "electronic communication". The bill specifically
states that the above provision shall apply to telephone
calls or electronic contacts made in good faith.
The bill would require every city police officer or deputy
sheriff at a supervisory level who is assigned field or
investigative duties to complete a high technology crimes
and computer seizure training course certified by the
Commission on Peace Officer Standards and Training by
January 1, 2000, or within 18 months of assignment to
supervisory duties. Completion of the course may be
satisfied by telecourse, video training tape, or other
instruction. This training shall be offered to all city
police officers and deputy sheriffs as part of continuing
professional training. The training shall, at a minimum,
address relevant laws, recognition of high technology
crimes and computer evidence collection and preservation.
The bill would require the Office of Criminal Justice
Planning (OCJP) to conduct a feasibility study regarding
development of a state-operated computer forensics center
to provide assistance to state and local law enforcement in
the investigation of crimes involving computer technology.
The bill would appropriate $230,000 from the General Fund
to the OCJP for purposes of the performance of this study.
This bill would become operative only if SB 1796 (Leslie)
is also enacted.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
According to Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 1998-99 1999-00 2000-01 Fund
Sentencing Unknown increased costs for
prisonGeneral
incarceration
Unknown increased, mandated, Local
nonreimbursable costs for county
jail and probation
Training course minor, absorbable - $50 one-time
costsSpecial*
Study $230 -- -- General
*Peace Officers' Training Fund
SUPPORT : (Verified 8/19/98)
Attorney General
California District Attorneys Association
California Peace Officers' Association
California Police Chiefs' Association
Association for Los Angeles Deputy Sheriffs
San Francisco District Attorney
Sonora Police Chief
Doris Tate Crime Victims Bureau
California National Organization for Women
California Alliance Against Domestic Violence
KIDS SAFE
Sacramento Area Stalking Survivors
Cooperative Restraining Order Clinic (San Francisco)
YWCA of San Diego County
American Electronics Association
Semiconductor Equipment and Materials International
L.A. Cellular
ARGUMENTS IN SUPPORT : According to the author, "we live
in an age increasingly dominated by computers. AB 2351 is
a measure to ensure that law enforcement keeps up with
criminals and their use of new technologies in the
twenty-first century.
"It is vitally important for law enforcement in the state
to be adequately trained in high technology crimes if they
are to investigate these crimes. This bill requires law
enforcement training in the area of high technology crimes
and requests a feasibility study for a state-operated
center for computer forensics. If a patrol officer is
inadequately trained, a high-tech crime may go unrecognized
or unsolved. If a computer examination is not conducted
properly, valuable evidence may be lost and valuable
property damaged.
"New technologies are greatly affecting the manner in which
traditional crimes are being carried out. Stalkers are now
using computers, faxes, and other means to invade the
privacy and the rights of their victims. This measure
expands the stalking and harassment statutes in the Penal
Code to ensure that these criminals are not set free simply
because the Legislature has not kept up with changing
technology."
ASSEMBLY FLOOR :
AYES: Ackerman, Aguiar, Alby, Alquist, Aroner, Ashburn,
Baca, Baldwin, Battin, Bordonaro, Bowen, Bowler, Brown,
Bustamante, Cardenas, Cardoza, Cedillo, Cunneen, Davis,
Ducheny, Escutia, Figueroa, Firestone, Floyd, Frusetta,
Gallegos, Goldsmith, Granlund, Havice, Hertzberg, Honda,
House, Kaloogian, Keeley, Knox, Kuehl, Kuykendall, Leach,
Lempert, Leonard, Machado, Margett, Martinez, Mazzoni,
Migden, Miller, Morrissey, Murray, Olberg, Oller, Ortiz,
Pacheco, Papan, Perata, Poochigian, Prenter, Richter,
Runner, Scott, Shelley, Strom-Martin, Sweeney, Takasugi,
Thompson, Thomson, Torlakson, Vincent, Washington, Wayne,
Wildman, Wright, Villaraigosa
NOT VOTING: Baugh, Brewer, Campbell, McClintock, Morrow,
Napolitano, Pringle, Woods
RJG:sl 8/21/98 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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