Bill Text: CA AB2468 | 2013-2014 | Regular Session | Amended
Bill Title: Search warrants: privacy.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-27 - From committee without further action pursuant to Joint Rule 62(a). [AB2468 Detail]
Download: California-2013-AB2468-Amended.html
BILL NUMBER: AB 2468 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Donnelly
FEBRUARY 21, 2014
An act to add Section 143 1524.8 to
the Penal Code, relating to airport security
search warrants .
LEGISLATIVE COUNSEL'S DIGEST
AB 2468, as amended, Donnelly. Airport security:
offenses. Search warrants: privacy.
Existing law provides that a search warrant may only be issued
upon probable cause, supported by affidavit, naming or describing the
person to be searched or searched for, and particularly describing
the property, thing or things, and the place to be searched.
Existing federal law authorizes, except as specified, the Attorney
General of the United States and Director of National Intelligence
to authorize, for a period of up to one year, the targeting of
persons reasonably believed to be located outside the United States
to acquire foreign intelligence information. Existing federal law
authorizes the Director of the Federal Bureau of Investigation, or
his or her designee, to make an application for an order requiring
the production of any tangible things, as specified, for an
investigation to obtain foreign intelligence information not
concerning a United States person or to protect against international
terrorism or clandestine intelligence activities.
This bill would prohibit a state agency, political subdivision of
the state, or officer or employee thereof, or a corporation providing
services on behalf of the state or a political subdivision from
providing services to, or utilizing any assets, state funds, or funds
allocated by the state to local entities to engage in activities
that aid a federal agency, federal agent, or corporation providing
services to the federal government involved in the collection of
electronic data or metadata of any person pursuant to an action not
based on a valid warrant, as specified. The bill would also prohibit
those entities from providing material support, participation, or
assistance to a federal agency or pursuant to federal law that
purports to authorize the collection of that same data without a
valid warrant.
The bill would establish specified penalties for violations of its
provisions, including withholding state grant funds from a political
subdivision of the state that adopts an ordinance, resolution, or
policy in violation of the provisions described above.
This bill would provide that its provisions are severable.
Existing law makes it a misdemeanor for a public officer, or
person pretending to be a public officer, under the pretense or color
of any process or other legal authority, to take specified actions
without a regular process or other lawful authority, including
arresting or detaining a person against his or her will.
This bill would prohibit a public servant, acting under color of
his or her office or employment, as part of a determination of
whether to grant a person access to a publicly accessible venue or
form of transportation, from intentionally and without probable cause
operating body imaging scanning equipment either in direct contact
with a passenger, pilot, or crew member, or from remotely viewing
images captured through the operation of that equipment. The bill
would make a violation of its provisions an infraction punishable by
a fine of $1,000 for each violation. The bill would also define
"public servant" and "body imaging scanning equipment" for those
purposes. By creating a new crime, the bill would impose a
state-mandated local program.
This bill would provide that its provisions are severable.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1524.8 is added to the
Penal Code , to read:
1524.8. (a) It is the policy of the state to refuse to provide
material support, participation, or assistance to a federal agency,
or pursuant to a federal law, rule, regulation, or order, that
purports to authorize the collection of electronic data or metadata
of a person pursuant to an action not based on a warrant that is
issued upon probable cause and that particularly describes the
persons, places, and things to be searched or seized.
(b) Notwithstanding any law, rule, regulation, or order, a state
agency, political subdivision of the state, or officer or employee
thereof acting in his or her official capacity, or corporation
providing services on behalf of the state or a political subdivision
of the state shall not do any of the following:
(1) Provide, in any form, material support, participation, or
assistance to a federal agency, or pursuant to a federal law, rule,
regulation, or order, that purports to authorize the collection of
electronic data or metadata of a person pursuant to an action not
based on a warrant that is issued upon probable cause and that
particularly describes the persons, places, and things to be searched
or seized.
(2) Utilize any assets, state funds, or funds allocated by the
state to local entities on or after January 1, 2015, in whole or in
part, to engage in an activity that aids a federal agency, federal
agent, or corporation providing services to the federal government in
the collection of electronic data or metadata of a person pursuant
to an action not based on a warrant that is issued upon probable
cause and that particularly describes the persons, places, and things
to be searched or seized.
(3) Provide services, or participate or assist in any way in
providing services, to a federal agency, federal agent, or
corporation providing services to the federal government that is
involved in the collection of electronic data or metadata of any
person pursuant to an action not based on a warrant that is issued
upon probable cause and that particularly describes the persons,
places, and things to be searched or seized.
(4) Use in a criminal investigation or prosecution any information
provided by a federal agency, federal agent, or corporation
providing services to the federal government that was obtained
through the collection of electronic data or metadata of any person
pursuant to an action not based on a warrant that is issued upon
probable cause and that particularly describes the persons, places,
and things to be searched or seized.
(c) The Attorney General may bring an action in court to enforce
this section.
(d) (1) (A) State grant funds shall be withheld from a political
subdivision of the state that adopts an ordinance, resolution, or
policy in violation of subdivision (b) during the first full fiscal
year immediately following the year in which a final judicial
determination is made that the political subdivision has violated
subdivision (b) in an action brought under this section.
(B) For purposes of this paragraph, "state grant funds" means
funds that are awarded to a political subdivision of the state
pursuant to a state grant program.
(2) An officer or employee of the state or a political subdivision
of the state who is found to have violated subdivision (b) in a
final judicial determination shall be deemed to have resigned from
his or her office or employment, and he or she shall thereafter be
ineligible to serve in any public office or public employment within
this state.
(3) A corporation providing services on behalf of the state or a
political subdivision of the state that is found to have violated
subdivision (b) in a final judicial determination shall be ineligible
to provide services on behalf of, or provide services to, the state
or a political subdivision of the state.
SEC. 2. The provisions of this act are severable.
If any provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that
can be given effect without the invalid provision or application.
SECTION 1. Section 143 is added to the Penal
Code, to read:
143. (a) A public servant acting under color of his or her office
or employment shall not, as part of a determination of whether to
grant a person access to a publicly accessible venue or form of
transportation, intentionally and without probable cause operate body
imaging scanning equipment either in direct contact with a
passenger, pilot, or crew member, or remotely view images captured
through the operation of that equipment.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Body imaging scanning equipment" means equipment that uses
either backscatter technology, millimeter wave technology, or any
other technology that produces an image with equal or increased level
of anatomical detail of the image created by backscatter and
millimeter wave technologies.
(2) "Public servant" means a person who is any of the following:
(A) An officer, employee, or agent of the United States; a branch,
department, or agency of the United States; or another person acting
under contract with a branch, department, or agency of the United
States to provide security or law enforcement services.
(B) Another person acting under color of federal law.
(c) Violation of this section is an infraction punishable by a
fine of one thousand dollars ($1,000) for each violation.
(d) This section shall be construed to be enforceable up to, but
no further than, the maximum possible extent consistent with federal
constitutional requirements, even if that construction is not readily
apparent. Alternative constructions are authorized only to the
extent necessary to save the statute from judicial invalidation.
SEC. 2. The provisions of this act are
severable. If any provision of this act or its application is held
invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision
or application.
SEC. 3. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
