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

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-Amended.html

BILL NUMBER: SB 1389	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2012

INTRODUCED BY   Senator Corbett

                        FEBRUARY 24, 2012

   An act to add Section  268 to, and to add and repeal
Section 13012.7 of,   13024 to  the Penal Code,
relating to Internet  crimes   crime statistics
 .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1389, as amended, Corbett.  Sex crimes and identity
theft including minors: Internet use.   Internet crimes:
data collection.  
   Existing law makes it a crime to engage in various acts
constituting an invasion of privacy, such as wiretapping and
eavesdropping.  
   Existing law requires the Attorney General to, subject to adequate
funding, direct local law enforcement agencies to report to the
Department of Justice, in a manner to be prescribed by the Attorney
General, any information that may be required relative to hate
crimes.  
   This bill would require the Attorney General to direct local law
enforcement agencies to report to the Department of Justice, in a
manner to be prescribed by the Attorney General, any information that
may be required relative to criminal activity that is generated by
the misuse of private information gathered from the Internet. The
bill would require the Department of Justice, in consultation with
the Office of Privacy Protection, to survey local law enforcement
agencies to obtain information that tracks the amount and type of
criminal activity that is generated by that criminal activity and to
publish on the department's Internet Web site the information
obtained pursuant to this requirement, as specified. By imposing
additional duties on local law enforcement agencies, the 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   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 13024 is added to the 
 Penal Code   , to read:  
   13024.  (a) The Attorney General shall direct local law
enforcement agencies to report to the Department of Justice, in a
manner to be prescribed by the Attorney General, any information that
may be required relative to criminal activity that is generated by
the misuse of private information gathered from the Internet. The
Attorney General shall consider the use of a form or a check box to
increase the availability of information sought by this section.
   (b) The Department of Justice in consultation with the Office of
Privacy Protection shall survey local law enforcement agencies to
obtain information that tracks the amount and type of criminal
activity that is generated by the misuse of private information
gathered from the Internet.
   (1) The survey shall look at information including, but not
limited to, arrest information and presentence reports.
   (2) The survey shall include interviews with a wide array of law
enforcement officials, including, but not limited to, police
officers, sheriffs, and district attorneys.
   (3) The survey shall include how local law enforcement agencies in
each county currently collects information on criminal activity that
is generated by the misuse of private information gathered from the
Internet.
   (c) The Department of Justice shall publish on the department's
Internet Web site the information obtained pursuant to this section.
The published information shall include examples of how the private
information was obtain and how it was misused, the amounts and types
of criminal activity that were generated, and recommendations of how
to reduce Internet-related criminal activity and protect vulnerable
populations. 
   SEC.   2.    If the Commission on State
Mandates determines that this act contains costs mandated by the
state, reimbursement to local agencies and school districts for those
costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code. 

  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.