Bill Text: CA SB1000 | 2023-2024 | Regular Session | Amended
Bill Title: Connected devices: device protection requests.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-06-24 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. [SB1000 Detail]
Download: California-2023-SB1000-Amended.html
Amended
IN
Senate
May 16, 2024 |
Amended
IN
Senate
April 25, 2024 |
Amended
IN
Senate
March 13, 2024 |
Introduced by Senators Ashby and Rubio |
February 01, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would authorize enforcement of these provisions by injunction or civil penalty in any court
action by any person injured by a violation of those provisions, the Attorney General, or a district attorney, against an account manager or abuser, as provided. The bill would prohibit a waiver of these prohibitions and would declare that these 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Chapter 35.5 (commencing with Section 22948.30) is added to Division 8 of the Business and Professions Code, to read:CHAPTER 35.5. Connected Devices
22948.30.
For purposes of this chapter, the following definitions apply:(a)“Abuser” means an individual who has committed or allegedly committed a covered act against a victim or an individual in the victim’s care.
(b)
(c)
(d)(1)“Covered act” means conduct that constitutes any of the following:
(A)A crime described in Chapter 8 (commencing with Section 236) of Title 8 of Part 1 of the Penal Code.
(B)A crime described in Chapter 1 (commencing with Section 261), Chapter 2 (commencing with Section 270), Chapter 2.5 (commencing with Section 273.8), Chapter 4 (commencing with Section 277), Chapter 5 (commencing with Section 281), Chapter 5.5 (commencing with Section 290), Chapter 7.5 (commencing with Section 311), Chapter 7.6 (commencing with Section 313), or Chapter 8 (commencing with Section 314) of Title 9 of Part 1 of the Penal Code.
(C)An act under federal law, tribal law, or the Uniform Code of Military Justice that is similar to an offense described in subparagraph (A) or (B).
(2)Nothing in paragraph (1) shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act.
(e)
(f)“Victim” means an individual against whom a covered act has been committed or allegedly committed or who cares for another individual against whom a covered act has been committed or allegedly committed, provided that the individual providing care did not commit or allegedly commit the covered act.
22948.31.
(a) Commencing no later than two business days after receiving a device protection request(1)A verification that the abuser has committed or allegedly committed a covered act against the victim or an individual in the victim’s care, by providing either of the following:
(A)A copy of a signed affidavit from a licensed medical or mental health care provider, licensed military medical or mental health care provider, licensed social worker, victim services provider, or licensed military victim services provider, or an employee of a court, acting within the scope of that person’s employment.
(B)A copy of a police report, statements provided by police, including military police, to magistrates or judges, charging documents, protective or restraining orders, military protective orders, or any other official record that documents the covered act.
(A)Solely owned by the victim or an individual in the victim’s care.
(B)Legally under the sole possession or control of the victim or an individual in the victim’s care.
(C)A fixture or feature within a dwelling or motor vehicle that the abuser may not legally enter or use.
(e)An account manager shall notify the victim of both of the following:
(1)The date on which the account manager intends to give any formal notice to the abuser that has had their device access denied.
(2)That the
(a)(1)An account manager that fails to deny an abuser access in compliance with subdivision (a) of Section 22948.31 or otherwise does not comply with the requirements described in Section 22948.31 shall be deemed in violation of this chapter.
(2)An abuser that maintains or exercises device access, including by disturbing the peace of the other party as described in subdivision (c) of Section 6320 of the Family Code, despite having their device access denied pursuant to subdivision (a) of Section 22948.31, shall be deemed in violation of this chapter.
(b)(1)Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought by any person injured by the violation or in the name of the people of the State of California by the Attorney General or by any district attorney.
(2)A court may enjoin a person or entity who knowingly engages, has engaged, or proposes to engage in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter.
(3)A person or entity who knowingly engages, has engaged, or proposes to engage in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each connected device in violation of this chapter. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered.
22948.33.
Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.22948.34.
(a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party from any duties or obligations imposed under other law.22948.35.
The provisions of this chapter are severable. If any provision of this chapter 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.22948.36.
This chapter shall become operative on January 1, 2026.SEC. 3.
Section 6320 of the Family Code is amended to read:6320.
(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.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.