BILL ANALYSIS SENATE RULES COMMITTEE AB 2351 Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 . THIRD READING . Bill No: AB 2351 Author: Hertzberg (D), et al Amended: 7/20/98 in Senate Vote: 27 . 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 . SUBJECT : Computer crime SOURCE : Author . 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 **** END ****