Bill Text: CA SB1394 | 2023-2024 | Regular Session | Amended
Bill Title: Access to connected vehicle service.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-07-08 - Read second time and amended. Re-referred to Com. on APPR. [SB1394 Detail]
Download: California-2023-SB1394-Amended.html
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Amended
IN
Assembly
July 08, 2024 |
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Amended
IN
Senate
April 11, 2024 |
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Amended
IN
Senate
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1394
| Introduced by Senator Min |
February 16, 2024 |
An act to add Chapter 6 (commencing with Section 28200) to Division 12 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1394, as amended, Min.
Access to remote vehicle technology. connected vehicle service.
Existing law generally regulates the safety of motor vehicles and the use of certain types of equipment installed in a motor vehicle, and generally makes a violation of these requirements a crime. Existing law provides various protections to persons who are escaping from actual or threatened domestic violence, sexual assault, stalking, human trafficking, and other abuse, including providing for a means to keep the names and addresses of abuse survivors confidential in public records.
This bill would require a vehicle manufacturer that offers a vehicle for sale, rent, or lease in this state that includes connected vehicle service, as defined, to: (1) ensure that the connected vehicle service can be immediately disabled for a period of at least 48 hours by a
driver of the vehicle while that driver is inside the vehicle, as specified; and (2) reenable the connected vehicle service, as specified. The bill would require the driver to submit a connected vehicle service request, as defined, within 48 hours of disabling the connected vehicle service to terminate a person’s access to remote vehicle technology, as defined, upon a completed request
from a driver who establishes proof of legal possession of the vehicle, such as a dissolution decree, temporary order, or domestic violence restraining order that awards possession or exclusive use of the vehicle. connected vehicle service, and the request would be required to include specified documents that support that the person has committed, or allegedly committed, domestic violence against the driver or an individual in the driver’s care. The bill would require the driver to submit specified documentation within 30 days of submission of the request to provide proof of legal possession of the vehicle, including a dissolution decree, temporary order, or domestic violence restraining order that awards possession or exclusive use of the vehicle, as specified. The bill would require a vehicle manufacturer to terminate the person’s access to connected vehicle service within one business day after the date of receiving
the driver’s completed request, as specified. The bill would prohibit a vehicle manufacturer from charging a fee to a driver for completing their request to terminate a person’s access to remote vehicle technology. connected vehicle service. The bill would require a vehicle manufacturer, among other things, to establish an efficient, secure, and user-friendly online submission process for requests related to terminating a person’s access to remote vehicle technology, connected vehicle service, as specified, and to ensure that all personal information provided during this process is handled with the utmost
security and privacy, adhering to relevant data protection laws and regulations. The bill would also require a vehicle manufacturer to provide a notification inside of a vehicle that is installed with remote vehicle technology
connected vehicle service that shows if the remote vehicle technology connected vehicle service is being used. By establishing new duties on vehicle manufacturers, this bill would expand the general crime applicable to provisions under the Vehicle Code, thereby imposing a state-mandated local program.
The bill would also declare the severability of its provisions.
The bill would make legislative findings and declarations in support of its provisions.
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: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Domestic abuse, stalking, sexual assault, and human trafficking are life-threatening issues that have lasting and harmful effects on individuals, families, and communities.
(b) Abuse survivors often lack resources when establishing independence from an abuser or may share a car title with an abusive partner, and safe access to an automobile can be a lifeline for an abuse survivor.
(c) Abusive partners increasingly use technological tools to exercise control
over, monitor, and abuse their victims. Cases of technology-enabled stalking and abuse involving vehicles are increasing as automakers include app-connected remote access and digital features. Through these apps, abusive partners are tracking, surveilling, and intimidating abuse survivors through location-tracking and remote-control functions to turn on the ignition, adjust the vehicle’s climate, lock doors, turn off electric charging, honk the horn, record video footage and audio, and other means of electronically or remotely controlling the vehicle. Tracking can be viewed in real time, or location history records can be accessed and reviewed at a later time.
(d) Tracking often occurs unbeknownst to an abuse victim, who may be unaware that the vehicle is app-connected or that an abusive partner has remote access.
(e) Safeguards within vehicle design and remote access can prevent future abuse, including requiring app-connected and tracking notifications to be designed to provide knowledge of who has vehicular access.
(f) It is the intent of this act to end stalking and abuse by abusive partners who can access remote vehicle technology.
SEC. 2.
Chapter 6 (commencing with Section 28200) is added to Division 12 of the Vehicle Code, to read:
CHAPTER
6. Remote Vehicle Technology Connected Vehicle Service
28200.
Unless the context requires otherwise, for purposes of this(a) “Connected vehicle service” means any capability provided by or on behalf of a motor vehicle manufacturer that enables a person to remotely obtain data from, or send commands to, a covered vehicle, which may be accomplished through a software application that is designed to be operated on a mobile device.
(b) “Connected vehicle service request” means a request by a driver to terminate or disable a person’s access to a connected vehicle service.
(c) “Covered connected vehicle service account” means an account or other means by which a person enrolls in or obtains access to a connected vehicle service.
28202.
(a)(A) Ensure that the connected vehicle service can be immediately disabled by a driver of the vehicle while that driver is inside the vehicle by a method that meets all of the following criteria:
(i) The method of disabling the connected vehicle service is prominently located and easy to use and does not require access to a remote, online application.
(ii) Upon its use, the method of disabling the connected vehicle service informs the driver of the requirements of subdivision (b).
(iii) The method of disabling the connected vehicle service does not require a password or any login information.
(iv) Upon its use, the method of
disabling the connected vehicle service does not result in the connected vehicle service, vehicle manufacturer, or a third-party service provider sending to the registered or legal owner of the vehicle an email, telephone call, or any other notification related to the connected vehicle service being disabled.
(v) Upon its use, the method of disabling the connected vehicle service causes the connected vehicle service to be disabled for a minimum of 48 hours and capable of being reenabled only by the vehicle manufacturer pursuant to subparagraph (B).
(B) Reenable the connected vehicle service under either of the following circumstances:
(i) The registered or legal owner of the vehicle notifies the manufacturer that the connected vehicle service was disabled in error and a driver has not contacted the vehicle manufacturer to provide the information required by subdivision (b) within 48 hours of the connected vehicle service being disabled.
(ii) The driver has requested that the connected vehicle service be reenabled from the vehicle manufacturer.
(2) (A) If, for technological reasons, a vehicle manufacturer is unable to comply with paragraph (1), the vehicle manufacturer shall create a conspicuous mechanism that is easy
to use by which a driver or the driver’s designated person can submit a connected vehicle service request.
(B) A vehicle manufacturer shall disable the connected vehicle service within one business day after receiving a connected vehicle service request from a driver.
(b) (1) A driver shall submit a connected vehicle service request to a vehicle manufacturer pursuant to subdivision (a) of Section 28208 within 48 hours of the date on which the driver used the method of disabling the connected vehicle service pursuant to subdivision (a), which shall include the vehicle identification number of the vehicle and a copy of any of the following documents that supports that a person has committed, or allegedly committed, domestic violence against the driver or
an individual in the driver’s care:
(A) A signed affidavit from any of the following individuals acting within the scope of that person’s employment:
(i) A licensed medical or mental health care provider.
(ii) A licensed military medical or mental health care provider.
(iii) A licensed social worker.
(iv) A victim services provider.
(v) A licensed military victim services provider.
(B) A police report.
(C) A statement provided by the police, including military police, to a magistrate judge or other
judge.
(D) A charging document.
(E) A protective or restraining order, including military protective orders.
(2) Following the submission of the documentation pursuant to paragraph (1), a driver shall, within 30 days, provide proof of legal possession of the vehicle, such as a dissolution decree, temporary order, or domestic violence restraining order that awards possession or exclusive use of the vehicle, and the vehicle identification number of the vehicle. Legal possession of a vehicle may be established by providing a vehicle title. A court order awarding sole possession or ownership of a vehicle shall take priority over a vehicle title showing joint ownership.
(c) A vehicle manufacturer shall terminate a person’s access to remote vehicle technology within two business days the connected vehicle service within one business day after the date of receiving a completed request from a driver who meets the requirements of subdivision (b). A vehicle manufacturer shall not require a driver to provide any information other than what is required in subdivision (b) to establish the ability to terminate a person’s access to remote vehicle technology.
connected vehicle service.
(b)A driver shall demonstrate to a vehicle manufacturer the ability to terminate a person’s access to remote vehicle technology by providing
proof of legal possession of the vehicle, such as a dissolution decree, temporary order, or domestic violence restraining order that awards possession or exclusive use of the vehicle. Legal possession of a vehicle may be established by providing a vehicle title. A court order awarding sole possession or ownership of a vehicle shall take priority over a vehicle title showing joint ownership.
(c)
(d) A vehicle manufacturer shall notify a driver seeking relief under subdivision (a),
(c), in clear and accessible language, that the vehicle manufacturer may contact the driver, or the designated representative of the driver, to confirm a person’s access to the remote vehicle technology connected vehicle service has been terminated.
(e) This section does not authorize or require a vehicle manufacturer to verify ownership of a vehicle, the identity of a driver, or the authenticity of information that is submitted by the driver.
28204.
A vehicle manufacturer shall provide a notification inside of a vehicle that is installed with28206.
A vehicle manufacturer shall provide information on its internet website and28208.
(a) To enhance transparency and communication, a vehicle manufacturer shall establish an efficient, secure, and user-friendly online submission process for requests related to terminating a person’s access to(1) Confirmation Email. Upon submission of a request, the vehicle manufacturer shall automatically send a confirmation email to the driver,
acknowledging the receipt of the request. This email shall contain a reference number for the request and an outline of the subsequent steps in the process.
(2) Action or Resolution Alert. Upon completion of review of
the request, the driver shall be informed of the action taken, including the termination of remote vehicle access connected vehicle service or if additional information or proof is needed. This alert shall clearly state any relevant details or further actions required from the driver.
(3) Explanation and Assistance. In the event of a request’s approval, the vehicle manufacturer shall provide the driver with a clear explanation and guidance on how to create their own app account, covered connected vehicle service
account, if necessary, to ensure that the driver can maintain control over the vehicle’s remote technology connected vehicle service once the person’s access to remote vehicle technology connected vehicle service has been terminated.
(b) The vehicle manufacturer shall ensure that all communications are clear, concise, and written in accessible language. It is imperative that drivers, particularly those who are abuse survivors, receive support and clear guidance throughout this
process.
(c) The vehicle manufacturer shall ensure that all personal information provided during this process is handled with the utmost security and privacy, adhering to relevant data protection laws and regulations.
