Bill Text: CA SB1000 | 2023-2024 | Regular Session | Amended
Bill Title: Connected devices: device protection requests.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-05-22 - Ordered to special consent calendar. [SB1000 Detail]
Download: California-2023-SB1000-Amended.html
Amended
IN
Senate
March 13, 2024 |
Introduced by Senators Ashby and Rubio |
February 01, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law makes it the duty of the coroner to inquire into and determine the circumstances, manner, and cause of specified deaths, including all unattended deaths. Under existing law, in any case in which the coroner conducts an inquiry, the coroner or a deputy is required to personally sign the certificate of death, except as specified. Under specified circumstances, existing law requires a funeral director, physician, or other person who has charge of a deceased person’s body to immediately notify the coroner.
This bill would make nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Chapter 35.5 (commencing with Section 22948.30) is added to Division 8 of the Business and Professions Code, to read:CHAPTER 35.5. Connected Devices
22948.30.
For purposes of this chapter, the following definitions apply:22948.31.
(a) Commencing no later than two business days after receiving a device protection request from a victim pursuant to subdivision (b), an account manager shall deny device access to an abuser, as identified in the request.22948.32.
(a) (1) An account manager that fails to deny an abuser access in compliance with subdivision (a) of Section 22948.31 or otherwise does not comply with the requirements described in Section 22948.31 shall be deemed in violation of this chapter.22948.33.
Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.22948.34.
(a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party from any duties or obligations imposed under other law.22948.35.
The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.22948.36.
This chapter shall become operative on January 1, 2026.SEC. 3.
Section 6320 of the Family Code is amended to read:6320.
(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.SEC. 4.
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.(a)It shall be the duty of the coroner to inquire into and determine the circumstances, manner, and cause of all violent, sudden, or unusual deaths; unattended deaths; deaths where the deceased has not been attended by either a physician or a registered nurse, who is a member of a hospice care interdisciplinary team, as defined by subdivision (g) of Section 1746 of the Health and Safety Code in the 20 days before death; known or suspected homicide, suicide, or accidental poisoning; deaths known or suspected as resulting in whole or in part from or related to accident or injury either old or recent; deaths due to drowning, fire, hanging, gunshot, stabbing, cutting, exposure, starvation, acute alcoholism, drug addiction,
strangulation, aspiration, or where the suspected cause of death is sudden infant death syndrome; death in whole or in part occasioned by criminal means; deaths associated with a known or alleged rape; deaths in prison or while under sentence; deaths known or suspected as due to contagious disease and constituting a public hazard; deaths from occupational diseases or occupational hazards; deaths of patients in state hospitals serving the mentally disordered and operated by the State Department of State Hospitals; deaths of patients in state hospitals serving the developmentally disabled and operated by the State Department of Developmental Services; deaths under circumstances that afford a reasonable ground to suspect that the death was caused by the criminal act of another; and any deaths reported by physicians or other persons having knowledge of death for inquiry by coroner. Inquiry pursuant to this section does not include those investigative functions usually performed by other law enforcement
agencies.
(b)If the coroner conducts an inquiry pursuant to this section, the coroner or a deputy shall personally sign the certificate of death. If the death occurred in a state hospital, the coroner shall forward a copy of the report to the state agency responsible for the state hospital.
(c)The coroner shall have discretion to
determine the extent of the inquiry to be made into any death occurring under natural circumstances and falling within the provisions of this section, and if inquiry determines that the physician of record has sufficient knowledge to reasonably state the cause of a death occurring under natural circumstances, the coroner may authorize that physician to sign the certificate of death.
(d)For the purpose of inquiry, the coroner shall have the right to exhume the body of a deceased person when necessary to discharge the responsibilities set forth in this section.
(e)A funeral director, physician, or other person who has charge of a deceased person’s body, when death occurred as a result of any of the causes or circumstances described in this section, shall immediately notify the coroner. A person who does not notify the coroner as required by this section is guilty of a misdemeanor.