Bill Text: CA SB1389 | 2011-2012 | Regular Session | Amended

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Bill Title: Internet crimes: data collection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB1389 Detail]

Download: California-2011-SB1389-Amended.html

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BILL NUMBER: SB 1389	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 1, 2012
	AMENDED IN SENATE  APRIL 16, 2012

INTRODUCED BY   Senator Corbett

                        FEBRUARY 24, 2012

   An act to add Section 13024 to the Penal Code, relating to
Internet crime statistics.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1389, as amended, Corbett. Internet crimes: data collection.
   Existing law makes it a crime to engage in various acts
constituting an invasion of privacy, such as wiretapping and
eavesdropping.
   Existing law requires the Attorney General to, subject to adequate
funding, direct local law enforcement agencies to report to the
Department of Justice, in a manner to be prescribed by the Attorney
General, any information that may be required relative to hate
crimes.
   This bill would require the Attorney General to direct local law
enforcement agencies to report to the Department of Justice, in a
manner to be prescribed by the Attorney General, any information that
may be required relative to criminal activity that is generated by
the misuse of private information gathered from the Internet. The
bill would require the Department of Justice, in consultation with
the Office of Privacy Protection, to survey local law enforcement
agencies to obtain information that tracks the amount and type of
criminal activity that is generated by that criminal activity and to
publish on the department's Internet Web site the information
obtained pursuant to this requirement, as specified. By imposing
additional duties on local law enforcement agencies, the bill would
impose 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 13024 is added to the Penal Code, to read:
   13024.  (a) The Attorney General shall direct local law
enforcement agencies to report to the Department of Justice, in a
manner to be prescribed by the Attorney General, any information that
may be required relative to criminal activity that is generated by
the misuse of private information gathered from the Internet. The
Attorney General shall consider the use of a form or a check box to
increase the availability of information sought by this section.
   (b) The Department of Justice in consultation with the Office of
Privacy Protection shall survey local law enforcement agencies to
obtain information that tracks the amount and type of criminal
activity that is generated by the misuse of private information
gathered from the Internet.
   (1) The survey shall look at information including, but not
limited to, arrest information and presentence reports.
   (2) The survey shall include interviews with a wide array of law
enforcement officials, including, but not limited to, police
officers, sheriffs, and district attorneys.
   (3) The survey shall include how local law enforcement agencies in
each county currently collects information on criminal activity that
is generated by the misuse of private information gathered from the
Internet.
   (c) The Department of Justice shall publish on the department's
Internet Web site the information obtained pursuant to this section.
The published information shall include examples of how the private
information was  obtain   obtained  and how
it was misused, the amounts and types of criminal activity that were
generated, and recommendations of how to reduce Internet-related
criminal activity and protect vulnerable populations.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.