BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 1121
          Author:   Leno (D) 
          Amended:  8/19/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 4/19/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SENATE FLOOR:  36-0, 5/5/16 (Consent)
           AYES:  Allen, Bates, Beall, Berryhill, Block, Cannella, De  
            León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock,  
            Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno,  
            Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Morrell,  
            Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Wieckowski, Wolk
           NO VOTE RECORDED:  Anderson, Moorlach, Runner, Vidak

           ASSEMBLY FLOOR:  80-0, 8/23/16 - See last page for vote

           SUBJECT:   Privacy:  electronic communications


          SOURCE:    American Civil Liberties Union
          
          DIGEST:  This bill makes technical and clean-up changes to the  
          Electronic Communications Privacy Act (CalECPA).


          Assembly Amendments (1) provide that emergency responders may  
          access location information from a device making a 911 call  
          without being subject to additional limitations or requirements;  
          (2) provide that electronic communications information disclosed  
          by prisons, jails, or juvenile detention facilities is not  
          subject to mandatory deletion after 90 days if all parties to  








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          the communication were informed that the facility may disclose  
          the information; (3) provide that notice in an emergency must be  
          provided within three court days rather than three calendar  
          days; (4) synchronize CalECPA notice provisions with the statute  
          for tracking warrants; (5) create an exemption from CalECPA for  
          people on parole and Post Release Community Supervision; (6)  
          create guidelines for those on probation, probation, postrelease  
          community supervision, mandatory supervision, or pretrial  
          release; and (7) clarify that nothing limits the authority of  
          the California Public Utilities Commission or the California  
          Energy Commission to obtain any 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 laws.


          ANALYSIS: 


          Existing law:


          1)Provides that a government entity may access electronic device  
            information by means of a physical interaction or electronic  
            communication device only: pursuant to a warrant; wiretap;  
            with authorization of the possessor of the device; with  
            consent of the owner of the device; in an emergency; if seized  
            from an inmate. (Penal Code § 1546.1(c))


          2)Provides that if a government entity receives electronic  
            communication voluntarily it shall destroy that information  
            within 90 days except under specified circumstances.  (Penal  
            Code § 1546.1(g))


          3)Provides for notice to the target of a warrant or an emergency  
            obtaining electronic information to be provided either  
            contemporaneously with the service of the warrant or within  
            three days in an emergency situation.  (Penal Code §  
            1546.2(a))









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                                                                    Page  3




          This bill:


          1)Allows access to electronic device information by the  
            government in response to a contact made by a member of the  
            public using a 911 emergency communication system, but only to  
            access information concerning the location of the electronic  
            device that initiated the contact.


          2)Adds an additional exception to the destruction requirement if  
            the service provider or subscriber is a federal, state or  
            local prison, jail or juvenile detention facility and all  
            parties to the electronic communication were informed, prior  
            to the communication, that the service provider may disclose  
            information to the entity.


          3)Clarifies that the notice to the target requirement is three  
            court days.


          Background


          According to the author, "Through the implementation process of  
          CalECPA, several technical, clarifying changes have been  
          identified that will improve compliance with the new law.  This  
          bill addresses those concerns and is a clean-up bill to SB 178  
          [Leno, Chapter 651, Statutes of 2015]."


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Assembly Appropriations Committee, there would  
          be negligible state fiscal impact.


          SUPPORT:   (Verified8/23/16)








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          American Civil Liberties Union (source)


          OPPOSITION:   (Verified8/23/16)


          None received
           
           
           ASSEMBLY FLOOR:  80-0, 8/23/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

           


          Prepared by:Mary Kennedy / PUB. S. / 
          8/23/16 20:19:23


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