Bill Text: CA SB1394 | 2023-2024 | Regular Session | Amended


Bill Title: Access to remote vehicle technology.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-18 - June 18 set for first hearing canceled at the request of author. [SB1394 Detail]

Download: California-2023-SB1394-Amended.html

Amended  IN  Senate  April 11, 2024
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.
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 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 or a domestic violence restraining order naming the person whose access is sought to be terminated. vehicle, such as a dissolution decree, temporary order, or domestic violence restraining order that awards possession or exclusive use of the vehicle. 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. 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, 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 that shows if the remote vehicle technology 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 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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

28200.
 Unless the context requires otherwise, for purposes of this chapter, “remote vehicle technology” means any technology that allows a person who is outside of a vehicle to track the location of, or control any operation of, the vehicle, and includes, but is not limited to, a Global Positioning System (GPS) that tracks the location of the vehicle or an app-based technology that controls any operation of the vehicle.

28202.
 (a) A vehicle manufacturer shall terminate a person’s access to remote vehicle technology within two business days 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.
(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 or a domestic violence restraining order naming the person whose access is sought to be terminated. 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) A vehicle manufacturer shall notify a driver seeking relief under subdivision (a), 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 has been terminated.

28204.
 A vehicle manufacturer shall provide a notification inside of a vehicle that is installed with remote vehicle technology that shows if the remote vehicle technology is being used.

28206.
 A vehicle manufacturer shall provide information on its internet website and remote vehicle technology applications, in clear and accessible language, on the process of terminating a person’s access to remote vehicle technology, including, but not limited to, how a driver can demonstrate the ability to terminate a person’s access to remote vehicle technology.

28208.
 (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 remote vehicle technology pursuant to Section 28202. This online process shall include all of the following features:
(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 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, if necessary, to ensure that the driver can maintain control over the vehicle’s remote technology once the person’s access to remote vehicle technology 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.

28210.
 A vehicle manufacturer, dealer, or other provider shall not charge a driver a fee for completing the request pursuant to Section 28202.

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.
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