Bill Text: CA AB2468 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Search warrants: privacy.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-27 - From committee without further action pursuant to Joint Rule 62(a). [AB2468 Detail]

Download: California-2013-AB2468-Amended.html

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BILL NUMBER: AB 2468	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 21, 2014

   An act to  amend Section 11174.35 of   add
Section 143 to  the Penal Code, relating to  child death
review teams   airport security  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2468, as amended, Donnelly.  Child death review teams.
  Airport security: offenses.  
   Existing law makes it a misdemeanor for a public officer, or
person pretending to be a public officer, under the pretense or color
of any process or other legal authority, to take specified actions
without a regular process or other lawful authority, including
arresting or detaining a person against his or her will.  
   This bill would prohibit a public servant, acting under color of
his or her office or employment, as part of a determination of
whether to grant a person access to a publicly accessible venue or
form of transportation, from intentionally and without probable cause
operating body imaging scanning equipment either in direct contact
with a passenger, pilot, or crew member, or from remotely viewing
images captured through the operation of that equipment. The bill
would make a violation of its provisions an infraction punishable by
a fine of $1,000 for each violation. The bill would also define
"public servant" and "body imaging scanning equipment" for those
purposes. By creating a new crime, the bill would impose a
state-mandated local program.  
   This bill would provide that its provisions are severable. 

   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 no reimbursement is required by this
act for a specified reason.  
   Existing law requires the State Department of Social Services to
work with state and local child death review teams and child
protective services agencies to identify child death cases that were,
or should have been, reported to or by county child protective
services agencies. The State Department of Social Services, the State
Department of Public Health, and the Department of Justice are
required to, among other things, develop a plan to track and maintain
data on child deaths from abuse or neglect.  
   This bill would make technical, nonsubstantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECT   ION 1.    Section 143 is added to the
  Penal Code   , to read:  
   143.  (a) A public servant acting under color of his or her office
or employment shall not, as part of a determination of whether to
grant a person access to a publicly accessible venue or form of
transportation, intentionally and without probable cause operate body
imaging scanning equipment either in direct contact with a
passenger, pilot, or crew member, or remotely view images captured
through the operation of that equipment.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Body imaging scanning equipment" means equipment that uses
either backscatter technology, millimeter wave technology, or any
other technology that produces an image with equal or increased level
of anatomical detail of the image created by backscatter and
millimeter wave technologies.
   (2) "Public servant" means a person who is any of the following:
   (A) An officer, employee, or agent of the United States; a branch,
department, or agency of the United States; or another person acting
under contract with a branch, department, or agency of the United
States to provide security or law enforcement services.
   (B) Another person acting under color of federal law.
   (c) Violation of this section is an infraction punishable by a
fine of one thousand dollars ($1,000) for each violation.
   (d) This section shall be construed to be enforceable up to, but
no further than, the maximum possible extent consistent with federal
constitutional requirements, even if that construction is not readily
apparent. Alternative constructions are authorized only to the
extent necessary to save the statute from judicial invalidation.

   SEC. 2.    The provisions of this act are severable.
If any provision of this act 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.

   SEC. 3.    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.  
  SECTION 1.    Section 11174.35 of the Penal Code
is amended to read:
   11174.35.  The State Department of Social Services shall work with
state and local child death review teams and child protective
services agencies in order to identify child death cases that were,
or should have been, reported to or by county child protective
services agencies. Findings made pursuant to this section shall be
used to determine the extent of child abuse or neglect fatalities
occurring in families known to child protective services agencies and
to define child welfare training needs for reporting,
cross-reporting, data integration, and involvement by child
protective services agencies in multiagency review in child deaths.
The State Department of Social Services, the State Department of
Public Health, and the Department of Justice shall develop a plan to
track and maintain data on child deaths from abuse or neglect, and
submit this plan, not later than December 1, 1997, to the Senate
Committee on Health and Human Services, the Assembly Committee on
Human Services, and the chairs of the fiscal committees of the
Legislature.