Jerry Hill
- Democratic
Author
Existing law makes it a crime to manufacture, assemble, sell, advertise for sale, possess, transport, import, or furnish to another a device that is primarily or exclusively designed or intended for eavesdropping upon the communication of another, or any device that is primarily or exclusively designed or intended for the unauthorized interception of reception of communications between a cellular radio telephone, as defined, and a landline telephone or other cellular radio telephone. Existing law additionally makes it a crime to purchase, sell, offer to purchase or sell, or conspire to purchase or sell, any telephone calling pattern record or list, without the written consent of the subscriber, or to procure, obtain, attempt to obtain, or conspire to obtain, any calling pattern record or list through fraud or deceit. Existing law contains certain exemptions from these crimes for law enforcement agencies. This bill would require every local agency that operates cellular communications interception technology, as defined, to maintain reasonable operational, administrative, technical, and physical safeguards to protect information gathered through use of the technology from unauthorized access, destruction, use, modification, or disclosure and implement a usage and privacy policy, as specified, to ensure that the collection, use, maintenance, sharing, and dissemination of information gathered through use of the technology complies with applicable law and is consistent with respect for an individual's privacy and civil liberties. The bill would, except as provided, prohibit a local agency from acquiring cellular communications interception technology unless that acquisition is approved by a resolution or ordinance adopted by its legislative body at a regularly scheduled public meeting of the legislative body held pursuant to a specified open meetings law. The bill would require that the resolution or ordinance set forth the policies of the local agency. The bill would require that the local agency make the usage and privacy policy available in writing to the public and if the local agency maintains an Internet Web site, to conspicuously post the usage and privacy policies on that site. The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused that violation.
Chaptered by Secretary of State. Chapter 659, Statutes of 2015.
Approved by the Governor.
Enrolled and presented to the Governor at 4:30 p.m.
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2446.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 79. Noes 0. Page 2780.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 9. Noes 0.) (July 15).
Read second time and amended. Re-referred to Com. on L. GOV.
From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 11. Noes 0.) (June 23).
Referred to Coms. on P. & C.P. and L. GOV.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 1063.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 984.) (May 12).
Set for hearing May 12.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 619.) (April 15). Re-referred to Com. on JUD.
Set for hearing April 15.
From printer. May be acted upon on or after April 1.
Read first time.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB741 | HTML |
| 02/27/15 - Introduced | |
| 05/19/15 - Amended Senate | |
| 06/24/15 - Amended Assembly | |
| 08/17/15 - Amended Assembly | |
| 08/31/15 - Amended Assembly | |
| 09/04/15 - Enrolled | |
| 10/08/15 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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