SB 828, as introduced, Lieu. Privacy.
The United States Constitution provides that it and other federal laws are the supreme law of the land. The 4th Amendment to the United States Constitution sets forth the right against unreasonable searches and seizures by the federal government and prohibits a federal warrant from being issued unless there is probable cause, supported by an oath or affirmation, that particularly describes the place to be searched, and the person or thing to be seized.
This bill would enact the 4th Amendment Protection Act and prohibit the state, a political subdivision of the state, an employee of the state or a political subdivision of the state while acting in his or her official capacity, or a corporation while providing services on behalf of the state or a political subdivision of the state from materially supporting or assisting, as specified, a federal agency or federal agent in collecting electronic data or metadata of any person pursuant to any action not based on a warrant that particularly describes the person, place, and thing to be searched or seized. This bill would prohibit the use of electronic data or metadata provided by the federal government or a corporation that was obtained without a federal warrant, as specified, from being used in a state or local criminal investigation or prosecution. This bill would also express the Legislature’s intent in this regard and provide that its provisions are severable if part of the act is declared invalid.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 32.5 (commencing with Section 7599)
2is added to Division 7 of Title 1 of the Government Code, to read:
3
The Legislature finds and declares that it is the policy
7of this state to refuse material support, participation, or assistance
8to any federal agency that claims the power, by virtue of any federal
9law, rule, regulation, or order, to authorize the collection of
10electronic data or metadata of any person pursuant to any action
11not based on a warrant that particularly describes the person, place,
12and thing to be searched or seized.
Notwithstanding any other law, the state, a political
14subdivision of the state, an employee of the state or a political
15subdivision of the state while acting in his or her official capacity,
16or a corporation while providing services on behalf of the state or
17a political subdivision of this state shall not do any of the following:
18(a) Provide material support, participation, or assistance in any
19form to a federal agency that claims the power, by virtue of any
20federal law, rule, regulation, or order, to collect electronic data or
21metadata of any person pursuant to any action not based on a
22warrant that particularly describes the person, place, and thing to
23be searched or seized.
24(b) Utilize any assets
or public funds, in whole or in part, to
25engage in any activity that aids a federal agency, federal agent, or
26corporation while providing services to the federal government in
27the collection of electronic data or metadata of any person pursuant
28to any action not based on a warrant that particularly describes the
29person, place, and thing to be searched or seized.
30(c) Provide services, participation, or assistance to a federal
31agency, federal agent, or corporation while providing services to
P3 1the federal government in the collection of electronic data or
2metadata of any person pursuant to any action not based on a
3warrant that particularly describes the person, place, and thing to
4be searched or seized.
5(d) Use any information in a criminal investigation or
6prosecution provided by any federal agency, agent, or corporation
7that was obtained through the collection of electronic data or
8
metadata of any person pursuant to any action not based on a
9warrant that particularly describes the person, place, and thing to
10be searched or seized.
The provisions of this chapter are severable. If any
12provision of this chapter or its application is held invalid, that
13invalidity shall not affect other provisions or applications that can
14be given effect without the invalid provision or application.
This act is an urgency statute necessary for the
16immediate preservation of the public peace, health, or safety within
17the meaning of Article IV of the Constitution and shall go into
18immediate effect. The facts constituting the necessity are:
19To help protect Californians from unconstitutional invasions of
20their privacy by the federal government, it is necessary for this act
21to take immediate effect.
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