Bill Text: CA SB828 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Assistance to federal agencies.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State. Chapter 861, Statutes of 2014. [SB828 Detail]

Download: California-2013-SB828-Amended.html

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BILL NUMBER: SB 828	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2014
	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY   Senators Lieu and Anderson
   (Coauthor: Senator Padilla)

                        JANUARY 6, 2014

   An act to add Chapter 32.5 (commencing with Section 7599) to
Division 7 of Title 1 of the Government Code, relating to state
government.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 828, as amended, Lieu. Assistance to federal agencies.
   The United States Constitution provides that it and other federal
laws are the supreme law of the land. The 4th Amendment to the United
States Constitution sets forth the right against unreasonable
searches and seizures by the federal government and prohibits a
federal warrant from being issued unless there is probable cause,
supported by an oath or affirmation, that particularly describes the
place to be searched, and the person or thing to be seized.
   This bill would enact the 4th Amendment Protection Act and
prohibit the state from providing material support, participation, or
assistance to any federal agency attempting the illegal and
unconstitutional collection of electronic data or metadata, without
consent, of any person not based on a  valid  warrant that
particularly describes the person, place, and thing to be searched or
 seized,   seized or a court order,  or in
accordance with judicially recognized exceptions to warrant
requirements.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Chapter 32.5 (commencing with Section 7599) is added to
Division 7 of Title 1 of the Government Code, to read:
      CHAPTER 32.5.  THE 4TH AMENDMENT PROTECTION ACT


   7599.  The state shall not provide material support,
participation, or assistance to any federal agency attempting the
illegal and unconstitutional collection of electronic data or
metadata, without consent, of any person not based on a  valid
 warrant that particularly describes the person, place, and
thing to be searched or  seized,   seized or a
court order, or in accordance with judicially recognized
exceptions to warrant requirements.