Bill Text: CA SB828 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Assistance to federal agencies.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State. Chapter 861, Statutes of 2014. [SB828 Detail]

Download: California-2013-SB828-Chaptered.html

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BILL NUMBER: SB 828	CHAPTERED
	BILL TEXT

	CHAPTER  861
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2014
	PASSED THE SENATE  AUGUST 28, 2014
	PASSED THE ASSEMBLY  AUGUST 21, 2014
	AMENDED IN ASSEMBLY  AUGUST 19, 2014
	AMENDED IN ASSEMBLY  AUGUST 4, 2014
	AMENDED IN SENATE  MAY 6, 2014
	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY   Senators Lieu and Anderson
   (Coauthor: Senator Padilla)
   (Coauthor: Assembly Member Gatto)

                        JANUARY 6, 2014

   An act to add Chapter 32.5 (commencing with Section 7599) to
Division 7 of Title 1 of the Government Code, relating to state
government.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 828, Lieu. Assistance to federal agencies.
   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 from providing material support, participation, or
assistance in response to a request from a federal agency or an
employee of a federal agency to collect electronically stored
information or metadata of any person if the state has actual
knowledge that the request constitutes an illegal or unconstitutional
collection of electronically stored information or metadata.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 32.5 (commencing with Section 7599) is added to
Division 7 of Title 1 of the Government Code, to read:
      CHAPTER 32.5.  THE 4TH AMENDMENT PROTECTION ACT


   7599.  (a) For the purposes of this section, the following
definitions shall apply:
   (1) "Electronically stored information" means data that is
created, altered, communicated, and stored in digital form.
   (2) "Metadata" means data bearing the record of and not the
content of communication, including, but not limited to, the time,
date, location, duration, origin, or subject of the communication,
and the identity of the person, persons, group, or entity sending or
receiving the message.
   (b) The state shall not provide material support, participation,
or assistance in response to a request from a federal agency or an
employee of a federal agency to collect the electronically stored
information or metadata of any person if the state has actual
knowledge that the request constitutes an illegal or unconstitutional
collection of electronically stored information or metadata.