Mark Leno
- Democratic
Author
Existing law prohibits a government entity from compelling the production of, or access to, electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant to specified conditions, except for emergency situations, as defined. Existing law also specifies the conditions under which a government entity may access electronic device information by means of physical interaction or electronic communication with the device, such as pursuant to a search warrant, wiretap order, or consent of the owner of the device. This bill would additionally authorize a government entity, without a warrant or other order, to access electronic device information by means of physical interaction or electronic communication with the device: (1) if the device is seized from an authorized possessor, as defined, who is serving a term of parole or postrelease community supervision, as specified; (2) if the device is seized from an authorized possessor who is subject to an electronic device search as a condition of probation, mandatory supervision, or pretrial release, as specified; or (3) for the purpose of accessing information concerning the location or the telephone number of the electronic device in order to respond to an emergency 911 call from that device. The bill would also provide that the definition of "electronic device" for purposes of the bill does not include a magnetic strip on a driver's license or identification card, as prescribed. Existing law authorizes a service provider to voluntarily disclose electronic communication information or subscriber information, as specified. Existing law requires a government entity to destroy that information within 90 days unless one or more specified circumstances apply, including, among others, the government entity has or obtains the specific consent of the sender or recipient of the electronic communications about which information was disclosed. This bill would also authorize a government entity to retain the information beyond 90 days if the service provider or subscriber is, or discloses the information to, a federal, state, or local prison, jail, or juvenile detention facility, and all participants to the electronic communication were informed, prior to the communication, that the service provider may disclose the information to the government entity. This bill would make technical, nonsubstantive changes to these provisions. This bill would provide that the prohibition against a government entity compelling the production of or access to electronic communication information or electronic device information without a search warrant, wiretap order, order for electronic reader records, or subpoena does not limit the authority of the Public Utilities Commission or the State Energy Resources Conservation and Development Commission to obtain 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 law. The bill would incorporate changes to Section 1546.1 of the Penal Code proposed by both this bill and AB 1924, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is enacted after AB 1924.
Chaptered by Secretary of State. Chapter 541, Statutes of 2016.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5404.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 80. Noes 0. Page 6090.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended. (Ayes 73. Noes 0. Page 5962.)
From consent calendar on motion of Assembly Member Cooper.
Ordered to third reading.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 19. Noes 0.) (August 10).
August 3 hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR.
Read second time and amended. Re-referred to Com. on PUB. S.
From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 11. Noes 0.) (June 21).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.
Referred to Coms. on P. & C.P. and PUB. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 36. Noes 0. Page 3775.) Ordered to the Assembly.
Read second time. Ordered to consent calendar.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
Set for hearing May 2.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3613.) (April 19). Re-referred to Com. on APPR.
Set for hearing April 19.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 19.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1121 | HTML |
| 02/17/16 - Introduced | |
| 03/29/16 - Amended Senate | |
| 06/14/16 - Amended Assembly | |
| 06/23/16 - Amended Assembly | |
| 08/01/16 - Amended Assembly | |
| 08/19/16 - Amended Assembly | |
| 08/29/16 - Enrolled | |
| 09/23/16 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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