Bill Text: CA SB1389 | 2011-2012 | Regular Session | Introduced

California Senate Bill 1389 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Internet crimes: data collection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB1389 Detail]

Download: California-2011-SB1389-Introduced.html

BILL NUMBER: SB 1389	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Corbett

                        FEBRUARY 24, 2012

   An act to add Section 268 to, and to add and repeal Section
13012.7 of, the Penal Code, relating to Internet crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1389, as introduced, Corbett. Sex crimes and identity theft
including minors: Internet use.
   Existing law defines various crimes, including rape, lewd and
lascivious acts with a child, human trafficking, and identity theft.
Existing law also requires the Department of Justice, annually by
July 1st, to submit to the Governor a report containing the criminal
statistics of the preceding calendar year and to present at other
times as the Attorney General may approve reports on special aspects
of criminal statistics.
   This bill would make a person who commits specified sex crimes or
identity theft, if the victim is a minor and the defendant made use
of the Internet in the commission of the crime, guilty of cyber
crimes against a minor, which would receive the same sentence as the
underlying crime. The bill would also, until January 1, 2015, require
the Department of Justice to include information on cyber crimes
against a minor in the annual report to the Governor. By creating a
new crime, this bill would impose a state-mandated local program.
   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.


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

  SECTION 1.  Section 268 is added to the Penal Code, to read:
   268.  A person who commits a violation of Section 261, 261.5,
261.9, 264.1, 265, 266, 266c, 266e, 266f, 266i, 266j, 267, 269, 273i,
288, or 236.1 if the purpose is a violation of the preceding
provisions, or Section 530.5, shall be guilty of cyber crimes against
a minor, if the victim is a minor and the defendant made use of the
Internet in the commission of the crime. A commission of cyber crimes
against a minor shall be punished in the same manner as the
underlying crime.
  SEC. 2.  Section 13012.7 is added to the Penal Code, to read:
   13012.7.  (a) The annual report published by the department under
Section 13010 shall include information concerning arrests for
violations of Section 268.
   (b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
  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.