Bill Text: CA SB1434 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Location information: warrants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-30 - In Senate. Consideration of Governor's veto pending. [SB1434 Detail]

Download: California-2011-SB1434-Amended.html

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BILL NUMBER: SB 1434	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 28, 2012
	AMENDED IN SENATE  MAY 24, 2012
	AMENDED IN SENATE  MAY 1, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Leno

                        FEBRUARY 24, 2012

   An act to add Chapter 3.6 (commencing with Section 1546) to Title
12 of Part 2 of the Penal Code, relating to location information.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1434, as amended, Leno. Location information: warrants.
   Existing law authorizes a court or magistrate to issue a warrant
for the search of a place and the seizure of property or things
identified in the warrant where there is probable cause to believe
that specified grounds exist. Existing law also provides for a
warrant procedure for the acquisition of stored communications in the
possession of a provider of electronic communication service or a
remote computing service.
   This bill would prohibit a government entity, as defined, from
obtaining the location information of an electronic device without a
valid search warrant issued by a duly authorized magistrate unless
certain exceptions apply, including in an emergency or when requested
by the owner of the device. The bill would prohibit the use of
information obtained in violation of these provisions in a civil or
administrative hearing.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Chapter 3.6 (commencing with Section 1546) is added to
Title 12 of Part 2 of the Penal Code, to read:
      CHAPTER 3.6.  LOCATION PRIVACY


   1546.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Electronic communication service" means a service that
provides to users thereof the ability to send or receive wire or
electronic communications.
   (b) "Electronic device" means a device that enables access to, or
use of, an electronic communication service, remote computing
service, or location information service.
   (c) "Government entity" means a state or local agency, including,
but not limited to, a law enforcement entity or any other
investigative entity, agency, department, division, bureau, board, or
commission, or an individual acting or purporting to act for or on
behalf of a state or local agency.
   (d) "Location information" means information, concerning the
location of an electronic device, including both the current location
and any prior location of the device, that, in whole or in part, is
generated, derived from, or obtained by the operation of an
electronic device.
   (e) "Location information service" means the provision of a global
positioning service or other mapping, locational, or directional
information service.
   (f) "Owner" means the person or entity recognized by the law as
having the legal title, claim, or right to, an electronic device.
   (g) "Remote computing service" means the provision of computer
storage or processing services by means of an electronic
communications system.
   (h) "User" means a person or entity that uses an electronic
device.
   1546.1.  (a) No government entity shall obtain the location
information of an electronic device without a valid search warrant
issued by a duly authorized magistrate using procedures established
pursuant to Chapter 3 (commencing with Section 1523).
   (b) No search warrant shall issue for the location of an
electronic device pursuant to this section for a period of time
longer than is necessary to achieve the objective of the
authorization, nor in any event longer than 30 days, commencing on
the day of the initial obtaining of location information, or 10 days
after the issuance of the warrant, whichever comes first. Extensions
of a warrant may be granted, but only upon a judge or magistrate
finding continuing probable cause and that the extension is necessary
to achieve the objective of the authorization. Each extension
granted for a warrant pursuant to this subdivision shall be for no
longer than the authorizing judge or magistrate deems necessary to
achieve the purposes for which the warrant was originally granted,
but in any event, shall be for no longer than 30 days.
   (c) Notwithstanding subdivision (a), a government entity may
obtain location information without a search warrant, as provided in
this section,  where disclosure of the location information is
not prohibited by federal law,  in any of the following
circumstances:
   (1) In order to respond to the user's call for emergency services.

   (2) With the informed, affirmative consent of the owner or user of
the electronic device concerned, provided that the owner or user may
not consent to the disclosure of location information if the device
is known or believed to be in the possession of, or attached to a
possession of, a third party known to the owner or user. 
   (3) With the informed, affirmative consent of the legal guardian
or next of kin of the electronic device's user, if the user is
deceased or reported missing and unable to be contacted. 

   (3) Pursuant to a request by a 
    (4)     If the  government entity
 that asserts that the government entity  reasonably
believes that an emergency involving immediate danger of death or
serious physical injury to any person requires the disclosure,
without delay, of location information  relating to the
emergency and there is insufficient time to obtain a warrant. The
  concerning a specific person or persons and that a
warrant cannot be obtained in time to prevent the identified danger
and the possessor of the location information, in good faith,
believes that an emergency involving   danger of death or
serious physical injury to a person requires the disclosure without
delay. 
    (d)     The  government entity seeking
the location information pursuant to  this 
paragraph  (4) of subdivision (c)  shall file with the
appropriate court a written statement setting forth the facts giving
rise to the emergency and the facts why the person  or persons
 whose location information was sought was believed to be
important in addressing the emergency, no later than 48 hours after
seeking disclosure.
   1546.3.  Except as proof of a violation of this  section
  chapter  , no evidence obtained in violation of
this  section   chapter  shall be
admissible in a civil or administrative proceeding.