Bill Text: CA SB873 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Revised Uniform Fiduciary Access to Digital Assets Act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-24 - Chaptered by Secretary of State. Chapter 585, Statutes of 2016. [SB873 Detail]

Download: California-2015-SB873-Chaptered.html

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BILL NUMBER: SB 873	CHAPTERED
	BILL TEXT

	CHAPTER  585
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2016
	PASSED THE SENATE  AUGUST 31, 2016
	PASSED THE ASSEMBLY  AUGUST 30, 2016
	AMENDED IN ASSEMBLY  AUGUST 25, 2016
	AMENDED IN ASSEMBLY  AUGUST 19, 2016
	AMENDED IN ASSEMBLY  JUNE 27, 2016
	AMENDED IN SENATE  APRIL 5, 2016

INTRODUCED BY   Senator Beall
   (Principal coauthor: Assembly Member Calderon)

                        JANUARY 14, 2016

   An act to amend Section 881 of the Probate Code, relating to
estates.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 873, Beall. Revised Uniform Fiduciary Access to Digital Assets
Act.
   Existing law provides for the disposition of a testator's property
by will. Existing law also provides for the disposition of that
portion of a decedent's estate not disposed of by will. Existing law
provides that the decedent's property, including property devised by
a will, is generally subject to probate administration, except as
specified.
   AB 691 of the 2015-16 Regular Session would enact the Revised
Uniform Fiduciary Access to Digital Assets Act, which would authorize
a decedent's personal representative or trustee to access and manage
digital assets and electronic communications, as specified. Among
other provisions, AB 691 would provide that a custodian of digital
assets, and its officers, employees, and agents, are immune from
liability for an act or omission done in good faith and in compliance
with the act.
   This bill would specify that this immunity does not apply in a
case of gross negligence or willful or wanton misconduct. The bill
would become operative only if AB 691 is enacted prior to the
enactment of this bill.


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

  SECTION 1.  It is the intent of the Legislature that this act be
enacted subsequent, and as a companion, to Assembly Bill 691 so that
if Assembly Bill 691 is chaptered, the version of Section 881 of the
Probate Code contained in this act shall replace the version of that
same section provided in Assembly Bill 691.
  SEC. 2.  Section 881 of the Probate Code, as added by Assembly Bill
691 of the 2015-16 Regular Session, is amended to read:
   881.  (a) Not later than 60 days after receipt of the information
required under Sections 876 to 879, inclusive, a custodian shall
comply with a request under this part from a fiduciary or designated
recipient to disclose digital assets or terminate an account. If the
custodian fails to comply with a request, the fiduciary or designated
recipient may apply to the court for an order directing compliance.
   (b) An order under subdivision (a) directing compliance shall
contain a finding that compliance is not in violation of Section 2702
of Title 18 of the United States Code.
   (c) A custodian may notify a user that a request for disclosure of
digital assets or to terminate an account was made pursuant to this
part.
   (d) A custodian may deny a request under this part from a
fiduciary or designated recipient for disclosure of digital assets or
to terminate an account if the custodian is aware of any lawful
access to the account following the date of death of the user.
   (e) This part does not limit a custodian's ability to obtain or to
require a fiduciary or designated recipient requesting disclosure or
account termination under this part to obtain a court order that
makes all of the following findings:
   (1) The account belongs to the decedent, principal, or trustee.
   (2) There is sufficient consent from the decedent, principal, or
settlor to support the requested disclosure.
   (3) Any specific factual finding required by any other applicable
law in effect at that time, including, but not limited to, a finding
that disclosure is not in violation of Section 2702 of Title 18 of
the United States Code.
   (f) (1) A custodian and its officers, employees, and agents are
immune from liability for an act or omission done in good faith and
in compliance with this part.
   (2) The protections specified in paragraph (1) shall not apply in
a case of gross negligence or willful or wanton misconduct of the
custodian or its officers, employees, or agents.
  SEC. 3.  This act shall become operative only if Assembly Bill 691
is also enacted and this act is enacted after Assembly Bill 691.