AB 1493: California High Technology Crimes Task Force.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-03-26
Existing law establishes various crime task forces, and establishes the High Technology Theft Apprehension and Prosecution Program, which is a program to provide financial and technical assistance to law enforcement and district attorney agencies relative to specified high technology crimes.
This bill would establish the California High Technology Crimes Task Force to, among other tasks, analyze existing statutes for adequacy in addressing identity theft, Internet crimes, and credit card fraud, develop recommendations to prevent and prosecute those crimes, and identify funding sources for those purposes and to assist victims of those crimes. The bill would require the task force to report to the Legislature on those matters on or before December 31, 2017.
Existing law generally prohibits an officer, employee, or agent of a state or local agency, in connection with a civil or criminal investigation, from requesting or receiving copies of, or the information contained in, the financial records of a customer from a financial institution unless the records are described with particularity, consistent with the scope and requirements of the investigation, and other conditions are met.
This bill would make technical, nonsubstantive changes to these provisions.
Existing law generally prohibits an officer, employee, or agent of a state or local agency, in connection with a civil or criminal investigation, from requesting or receiving copies of, or the information contained in, the financial records of a customer from a financial institution unless the records are described with particularity, consistent with the scope and requirements of the investigation, and other conditions are met.
This bill would make technical, nonsubstantive changes to these provisions.
(a)The California High Technology Crimes Task Force is hereby established. The task force shall do all of the following:
(1)Analyze existing statutes for adequacy in addressing identity theft, Internet crimes, and credit card fraud. If the analysis determines that those statutes are inadequate, the task force shall recommend revisions or new provisions that specifically address identity theft, Internet crimes, and credit card fraud.
(2)Collect and organize data on the nature an extent of identity theft, Internet crimes, and credit card fraud.
(3)Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of identity theft, Internet crimes, and credit card fraud.
(4)Measure and evaluate the progress of the state in preventing and prosecuting identity theft, Internet crimes, and credit card fraud, and protecting and providing assistance to victims of those crimes.
(5)Evaluate approaches to increase public awareness of preventing identity theft, Internet crimes, and credit card fraud.
(6)Consult with governmental and nongovernmental organizations in developing recommendations to strengthen state and local efforts to prevent and prosecute identity theft, Internet crimes, and credit card fraud, and to assist victims of those crimes.
(7)Identify available federal, state, and local funding and grant opportunities to prevent and prosecute identity theft, Internet crimes, and credit card fraud, and to assist victims of those crimes.
(b)The task force shall consist of the following members:
(1)A designee of the California District Attorneys Association.
(2)A designee of the California State Sheriffs Association.
(3)A designee of the California Police Chiefs Association.
(4)A designee of the Department of the California Highway Patrol.
(5)A designee of the Federal Bureau of Investigation.
(6)A designee of the Attorney General.
(7)A representative of the California cellular telephone industry.
(8)A representative of the California Internet industry.
(9)A representative of the California cable industry.
(10)A representative of the California movie industry.
(11)A representative of the California banking industry.
(c)The task force shall conduct a study to accomplish the objectives of subdivision (a) and shall report the findings of the study to the Legislature, in compliance with Section 9795 of the Government Code, on or before December 31, 2017.
SECTION 1.Section 7470 of the Government Code is amended to read:7470.(a)Except as provided in Section 7480, an officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not an investigation is being conducted pursuant to formal judicial or administrative proceedings, shall not request or receive copies of, or the information contained in, the financial records of a customer from a financial institution unless the financial records are described with particularity and are consistent with the scope and requirements of the investigation giving rise to the request and any of the following apply:
(1)The customer has authorized disclosure to such officer, employee or agent of such state or local agency or department thereof in accordance with Section 7473.
(2)The financial records are disclosed in response to an administrative subpoena or summons that meets the requirements of Section 7474.
(3)The financial records are disclosed in response to a search warrant that meets the requirements of Section 7475.
(4)The financial records are disclosed in response to a judicial subpoena or subpoena duces tecum that meets the requirements of Section 7476.
(b)Nothing in this section or in Sections 7473, 7474, 7475, and 7476 shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein, provided only that the customer authorization, administrative subpoena or summons, search warrant, or judicial subpoena or order served on or delivered to a financial institution pursuant to these sections shows compliance on its face.
(c)The financial institution shall maintain for a period of five years a record of all examinations or disclosures of the financial records of a customer pursuant to this chapter, including the identity of the person examining the financial records, the state or local agency or department thereof that he or she represents, and a copy of the customer authorization, subpoena, summons or search warrant providing for the examination or disclosure or a copy of the certification received pursuant to subdivision (b) of Section 7480. A record maintained pursuant to this subdivision shall be available, within five days of request, during normal business hours for review by the customer at the office or branch where the customers account was located when examined or disclosed. A copy of the record shall be furnished to the customer upon request and payment of the reasonable cost thereof.
(d)Except as provided in Section 7480, this section is not intended to preclude a state or local law enforcement agency from initiating contact with a financial institution if there is reason to believe that the institution is a victim of a crime. After this contact by a law enforcement agency, if the financial institution believes it is a victim of a crime, it may, in its discretion, disclose relevant financial records pursuant to subdivision (c) of Section 7471.
(a)Except as provided in Section 7480, no an officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not such an investigation is being conducted pursuant to formal judicial or administrative proceedings, may shall not request or receive copies of, or the information contained in, the financial records of any a customer from a financial institution unless the financial records are described with particularity and are consistent with the scope and requirements of the investigation giving rise to such the request and: and any of the following apply:
(1)Such The customer has authorized disclosure to such officer, employee or agent of such state or local agency or department thereof in accordance with Section 7473; or 7473.
(2)Such The financial records are disclosed in response to an administrative subpoena or summons which that meets the requirements of Section 7474; or 7474.
(3)Such The financial records are disclosed in response to a search warrant which that meets the requirements of Section 7475; or 7475.
(4)Such The financial records are disclosed in response to a judicial subpoena or subpoena duces tecum which that meets the requirements of Section 7476.
(b)Nothing in this section or in Sections 7473, 7474, 7475, and 7476 shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein, provided only that the customer authorization, administrative subpoena or summons, search warrant, or judicial subpoena or order served on or delivered to a financial institution pursuant to such these sections shows compliance on its face.
(c)The financial institution shall maintain for a period of five years a record of all examinations or disclosures of the financial records of a customer pursuant to this chapter, including the identity of the person examining the financial records, the state or local agency or department thereof which that he or she represents, and a copy of the customer authorization, subpoena, summons or search warrant providing for such the examination or disclosure or a copy of the certification received pursuant to subdivision (b) of Section 7480. Any A record maintained pursuant to this subdivision shall be available, within five days of request, during normal business hours for review by the customer at the office or branch where the customers account was located when examined or disclosed. A copy of such the record shall be furnished to the customer upon request and payment of the reasonable cost thereof.
(d)Except as provided in Section 7480, this section is not intended to preclude a state or local law enforcement agency from initiating contact with a financial institution if there is reason to believe that the institution is a victim of a crime. After such this contact by a law enforcement agency, if the financial institution believes it is a victim of a crime, it may, in its discretion, disclose relevant financial records pursuant to subdivision (c) of Section 7471.
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Date
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Status
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| Feb 27, 2015 | Introduced. To print. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
| Mar 2, 2015 | Read first time. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 26, 2015 | Referred to Com. on PUB. S. |
| Apr 6, 2015 | Re-referred to Com. on PUB. S. |
| Apr 15, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 14). Re-referred to Com. on APPR. |
| Apr 22, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 28, 2015 | In committee: Held under submission. |
| Jan 31, 2016 | Died pursuant to Article IV, Sec. 10(c) of the Constitution. |
| Feb 1, 2016 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
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Date
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Description
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Location
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Votes
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| Apr 14, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
AB 1493
Page 2
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1493
(Cooper) – As Amended March 26, 2015
Policy Committee: |
Public Safety |
Vote: |
7 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill establishes the California High Technology Crimes Task Force (HTCTF) to, among other tasks, examine existing statutes for adequacy in addressing identity theft, Internet crimes, credit card fraud, and to develop recommendations to prevent and prosecute those crimes, and report the findings to the Governor and the Legislature by December 31, 2017. Specifically, this bill requires the HTCTF, with specified membership, to conduct a study to accomplish the following:
Analyze existing statutes for adequacy in addressing identity theft, Internet crimes, and credit card fraud. If the analysis determines that those statutes are inadequate, the task force is required to recommend revisions or new provisions that specifically address identity theft, Internet crimes, and credit card fraud;
Collect and organize data on the nature and extent of identity theft, Internet crimes, and credit card fraud;
Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of identity theft, Internet crimes, and credit card fraud;
Measure and evaluate the progress of the state in prosecuting identity theft, Internet crimes, and credit card fraud, and protecting and providing assistance to the victims of those crimes;
Evaluate approaches to increase public awareness of preventing identity theft, Internet crimes, and credit card fraud;
Consult with governmental and nongovernmental organizations in developing recommendations to strengthen state and local efforts to prevent and prosecute identity theft, Internet crimes, and credit card fraud, and to assist victims of those crimes; and,
Identify available federal, state, and local funding and grant opportunities to prevent and prosecute identity theft, Internet crimes, and credit card fraud, and to assist victims of those crimes.
FISCAL EFFECT:
Significant one-time costs, in the range of $500,000 - $1 million (GF), over two years, to the new HTCTF to contract for the comprehensive study.
Moderate ongoing costs to the HTCTF, in the range of $300,000-$500,000 (GF), for the administrative support needs of the new state agency and to manage the contract for the study. The assumption is made that representatives of the 11 agencies specified will cover their own travel costs, and other expenses associated with the membership in the HTCTF. Also, the assumption is the HTCTF will continue in some capacity after the study is concluded.
COMMENTS:
Author's Statement: According to the author, "AB 1493 establishes the High Technology Crimes Task Force to tackle the issue of high technology crime, identity theft, and credit card fraud which continues to pose major threats to California, its citizens, its industries, and its enterprises. Convening a task force will help establish collaborative model between governmental and nongovernmental organizations to prevent and prosecute identity theft, internet crimes, and credit card fraud."
Background. Current law establishes the High Technology Theft Apprehension and Prosecution Program (HTTAPP), a program of financial and technical assistance for law enforcement and district attorneys' offices, and for the distribution of funds to develop regional high technology crime units in California law enforcement agencies. Funds distributed under these provisions are required to be expended for the exclusive purpose of deterring, investigating, and prosecuting high technology related crimes.
Prior Legislation:
AB 49 (Simitian), Chapter 618, Statutes of 2003, created the HTCTF comprised of each regional task force participating in the HTTAPP, and added a representative of the Office of Privacy Protection and a designee of the Department of Finance (DOF) to the High Crime Advisory Committee.
AB 821 (Simitian), Chapter 556, Statutes of 2001, authorized the Office of Criminal Justice Planning to allocate up to five percent of the funds available in the HTTAPP Trust Fund in order to fund education and training programs for prosecutors and law enforcement engaged in the investigation and prosecution of high technology crime.
SB 1357 (Johnston), Chapter 654, Statutes of 2000, required the appointment of a designee of the Department of Information and Technology to the HTCAC, and deleted the January 1, 2003 sunset date on the HTTAP making the program permanent.
SB 157 (Johnston), Chapter 427, Statutes of 1999, extended the HTTAPP until January 1, 2003.
SB 438 (Johnston), Chapter 906, Statutes of 1997, created the High Technology Theft Apprehension and Prosecution Program (HTTAP) and provided cellular phone cloning forfeiture after a conviction based on equipment misuse
Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081
AB 1493
Page 4
Date of Hearing: April 14, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB 1493
(Cooper) – As Amended March 26, 2015
SUMMARY:
Establishes the California High Technology Crimes Task Force (HTCTF) to, among other tasks, examine existing statutes for adequacy in addressing identity theft, Internet crimes, credit card fraud, and to develop recommendations to prevent and prosecute those crimes. Specifically, this bill:
Provides that the HTCTF is hereby established. The task force shall do all of the following:
Analyze existing statutes for adequacy in addressing identity theft, Internet crimes, and credit card fraud. If the analysis determines that those statutes are inadequate, the task force shall recommend revisions or new provisions that specifically address identity theft, Internet crimes, and credit card fraud;
Collect and organize data on the nature and extent of identity theft, Internet crimes, and credit card fraud;
Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of identity theft, Internet crimes, and credit card fraud;
Measure and evaluate the progress of the state in in prosecuting identity theft, Internet crimes, and credit card fraud, and protecting and providing assistance to the victims of those crimes;
Evaluate approaches to increase public awareness of preventing identity theft, Internet crimes, and credit card fraud;
Consult with governmental and nongovernmental organizations in developing recommendations to strengthen state and local efforts to prevent and prosecute identity theft, Internet crimes, and credit card fraud, and to assist victims of those crimes; and,
Identify available federal, state, and local funding and grant opportunities to prevent and prosecute identity theft, Internet crimes, and credit card fraud, and to assist victims of those crimes.
States that the HTCTF shall consist of the following members:
A designee of the California District Attorneys Association;
A designee of the California State Sheriffs' Association;
A designee of the California Police Chief's Association;
A designee of the Department of the California Highway Patrol;
A designee of the Federal Bureau of Investigation;
A designee of the Attorney General;
A representative of the California cellular telephone industry;
A representative of the California cable industry;
A representative of the California movie industry; and,
A representative of the California banking industry.
Requires HTCTF to conduct a study to accomplish the HTCTF objectives and to report the findings of the study to the Legislature, as specified, on or before December 31, 2017.
EXISTING LAW:
Establishes the High Technology Theft Apprehension and Prosecution Program (HTTAPP), a program of financial and technical assistance for law enforcement and district attorneys' offices, and for the distribution of funds to develop regional high technology crime units in California law enforcement agencies. (Pen. Code, § 13848.2.)
Provides that moneys allocated the HTTAPP shall be spent to fund programs to enhance the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute high technology related crimes. Funds shall be expended to fund programs to enhance the capacity of local law enforcement, state police, and local prosecutors to deter, investigate, and prosecute high technology related crimes. Any funds distributed under these provisions shall be expended for the exclusive purpose of deterring, investigating, and prosecuting high technology related crimes. (Pen. Code, § 13848.4, subd. (a).)
States that funds allocated to the Department of Justice (DOJ) shall be used for developing and maintaining a statewide database on high technology crime for use in developing and distributing intelligence information to participating law enforcement agencies. The funds allocated to the California District Attorneys Association (CDAA) shall be used for the purpose of establishing statewide programs of education, training, and research for public prosecutors, investigators, and law enforcement officers relating to deterring, investigating, and prosecuting high technology related crimes. (Pen. Code, § 13948.4, subd (b).)
Provides that any regional task force receiving funds under these provisions may elect to have the DOJ administer the regional task force program. The DOJ may be reimbursed for any expenditures incurred in administering a regional task force from funds given to local law enforcement under the program.
FISCAL EFFECT:
Unknown
COMMENTS:
Author's Statement: According to the author, "AB 1493 establishes the High Technology Crimes Task Force to tackle the issue of high technology crime, identity theft, and credit card fraud which continues to pose major threats to California, its citizens, its industries, and its enterprises. Convening a task force will help establish collaborative model between governmental and nongovernmental organizations to prevent and prosecute identity theft, internet crimes, and credit card fraud."
Prior Legislation:
AB 49 (Simitian), Chapter 618, Statutes of 2003, created the HTCTF comprised of each regional task force participating in the HTTAPP, and added a representative of the Office of Privacy Protection and a designee of the Department of Finance (DOF) to the High Crime Advisory Committee.
AB 821 (Simitian), Chapter 556, Statutes of 2001, authorized the Office of Criminal Justice Planning to allocate up to five percent of the funds available in the HTTAPP Trust Fund in order to fund education and training programs for prosecutors and law enforcement engaged in the investigation and prosecution of high technology crime.
SB 1357 (Johnston), Chapter 654, Statutes of 2000, required the appointment of a designee of the Department of Information and Technology to the HTCAC, and deleted the January 1, 2003 sunset date on the HTTAP making the program permanent.
SB 157 (Johnston), Chapter 427, Statutes of 1999, extended the HTTAPP until January 1, 2003.
SB 438 (Johnston), Chapter 906, Statutes of 1997, created the High Technology Theft Apprehension and Prosecution Program (HTTAP) and provided cellular phone cloning forfeiture after a conviction based on equipment misuse.
REGISTERED SUPPORT / OPPOSITION:
Support
Los
Angeles County Professional Peace Officers Association
Long
Beach Police Officers Association
Fraternal Order of Police,
California State Lodge
Sacramento County Deputy Sheriffs'
Association
Santa Ana Police Officers Association
Opposition
None
Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744
Bill Author
Bill Co-Author(s):