BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 1389 (Corbett) - Internet crimes: data collection.
Amended: May 1, 2012 Policy Vote: Public Safety 6-0
Urgency: No Mandate: Yes
Hearing Date: May 24, 2012 Consultant: Jolie Onodera
SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
Bill Summary: SB 1389 would require the Attorney General to
direct local law enforcement agencies to report to the
Department of Justice (DOJ), as specified, any information that
may be required relative to crimes committed through the misuse
of private information gathered from the internet, as specified.
This bill would require the DOJ in consultation with the Office
of Privacy Protection (OPP) to survey local law enforcement
agencies to obtain information that tracks the amount and type
of such crimes, and to publish that information, as well as
recommendations to reduce that criminal activity, on the DOJ
website.
Fiscal Impact:
First-year costs potentially in the range of $750,000
(General Fund) to the DOJ to develop a new software
application, hardware/software, staffing, specialized
training of staff, and oversight of the development of the
database and website.
Potential reimbursable state-mandated local costs
(General Fund) for specified local agencies to participate
on the new Task Force and for entities to report
statistical data on arrests or prosecutions, in a manner
specified by the Task Force, to comply with the reporting
requirements of this bill.
Background: The prevalence of crimes involving the misuse of
private information gathered through the internet is widespread
and growing. This bill seeks to establish a statewide approach
to the collection and tracking of these crimes committed to
assist and inform law enforcement, legislators, and the public.
Proposed Law: This bill would require the Attorney General (AG)
to direct local law enforcement agencies to report to the DOJ,
SB 1389 (Corbett)
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in a manner prescribed by the AG, any information that may be
required relative to criminal activity that is generated by the
misuse of private information gathered from the internet, as
follows:
Provides that the AG shall consider the use of a form or check
box to increase the availability of information sought.
Requires the DOJ in consultation with the OPP to survey local
law enforcement agencies to obtain information that tracks the
amount and type of criminal activity:
o The survey shall look at information including
arrest information and presentence reports.
o The survey should include interviews with a wide
array of law enforcement officials, including peace
officers, sheriffs, and district attorneys.
o The survey shall include how local law enforcement
agencies in each county currently collect information on
criminal activity that is generated by the misuse of
private information gathered from the internet.
Requires the DOJ to publish the information obtained on its
website. The published information shall include examples of
how the private information was obtained and how it was
misused.
Staff Comments: This bill would result in significant one-time
and ongoing costs to the DOJ to develop a database and
application software to collect, track, store, and report the
information that will be required by local law enforcement
agencies to report. First-year implementation costs of
approximately $900,000 General Fund would be incurred to design
a new software application capable of allowing users to enter
and update survey information in addition to storing and
reporting survey results. Other implementation costs would
include specialized training for staff, hardware/software needs,
and costs associated with the oversight of the development of
the database and website. Ongoing staffing would be required to
perform the required surveys of the law enforcement agencies,
and ongoing staff for maintenance, monitoring, and quality
control.
This bill would also create significant workload and costs,
likely reimbursable by the state, to local jurisdictions. To the
extent local law enforcement agencies are required to modify
their databases to capture the data sought under the provisions
of this bill, significant state-reimbursable local costs
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potentially in the millions of dollars could result. As the bill
requires law enforcement agencies to report any information that
may be required relative to criminal activity that is generated
by the misuse of private information gathered from the internet,
the scope of the this requirement could be interpreted broadly
and result in substantial costs or cost pressure on local
agencies.
The Office of Privacy Protection (OPP) has indicated any
increase in workload resulting from acting in a consulting
capacity will be minor and absorbable. Staff notes that under
the Governor's Budget proposal, the OPP is slated to be
eliminated in 2012-13.
Author's amendments would do the following:
Delete the provision requiring the AG to direct law
enforcement to report to the DOJ any information that may
be required relative to criminal activity that is generated
by the misuse of private information gathered from the
Internet, and instead would require the AG to establish the
Internet Crimes Review Task Force as a one-year pilot
program directing three local entities to report
statistical data on arrests or prosecutions involving
private information gathered from the Internet that was
used in furtherance of a crime within each entity's
jurisdiction to the task force.
Require the DOJ to publish information obtained from the
Task Force in one progress report by July 1, 2013, and a
final report to be published by January 1, 2014.
Provide that the section would remain in effect only
until January 1, 2015, and as of that date is repealed,
unless a later enacted statute deletes or extends that
date.