BILL NUMBER: SB 690 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Stone
FEBRUARY 27, 2015
An act to amend Section 211 637.7 of
the Penal Code, relating to robbery.
privacy.
LEGISLATIVE COUNSEL'S DIGEST
SB 690, as amended, Stone. Robbery.
Privacy.
Existing law makes it a misdemeanor to use an electronic tracking
device to determine the location or movement of a person. Existing
law defines electronic tracking device to mean any device attached to
a vehicle or other movable thing that reveals its location or
movement by the transmission of electronic signals.
This bill would expand those provisions to include using an
electronic tracking device to determine the location or movement of
an object as well as a person. The bill would define electronic
tracking device as any electronic or mechanical device that permits
the tracking of the movement of a person or object. By expanding the
definition of a crime, this bill would create 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.
Existing law makes it a felony to take personal property in the
possession of another, from his or her person or immediate presence,
and against his or her will, through the use of force or fear.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 637.7 of the Penal
Code is amended to read:
637.7. (a) No person or entity in this state shall use an
electronic tracking device to determine the location or movement of a
person. person or object.
(b) This section shall not apply when the registered
owner, owner of a vehicle, the owner of an object, or
the subscriber, lessor, or lessee of a vehicle or object
has consented to the use of the electronic tracking device with
respect to that vehicle. vehicle or object.
(c) This section shall not apply to the lawful use of an
electronic tracking device by a law enforcement agency.
(d) As used in this section, "electronic tracking device" means
any device attached to a vehicle or other movable thing that
reveals its location or movement by the transmission of electronic
signals. electronic or mechanical device that permits
the tracking of the movement of a person or object.
(e) A violation of this section is a misdemeanor.
(f) A violation of this section by a person, business, firm,
company, association, partnership, or corporation licensed under
Division 3 (commencing with Section 5000) of the Business and
Professions Code shall constitute grounds for revocation of the
license issued to that person, business, firm, company, association,
partnership, or corporation, pursuant to the provisions that provide
for the revocation of the license as set forth in Division 3
(commencing with Section 5000) of the Business and Professions Code.
SEC. 2. 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.
SECTION 1. Section 211 of the Penal Code is
amended to read:
211. Robbery is the felonious taking of personal property in the
possession of another, from his or her person or immediate presence,
and against his or her will, accomplished by means of force or fear.