California 2011 2011-2012 Regular Session

California Senate Bill SB561 Amended / Bill

Filed 06/27/2012

 BILL NUMBER: SB 561AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 27, 2012 AMENDED IN ASSEMBLY JUNE 6, 2012 AMENDED IN SENATE APRIL 12, 2011 INTRODUCED BY Senator Corbett FEBRUARY 17, 2011 An act to add and repeal Section 13023.5 of the Penal Code, relating to Internet crime statistics. LEGISLATIVE COUNSEL'S DIGEST SB 561, as amended, Corbett. Internet crimes: data collection. Existing law requires specified local entities, including district attorneys and sheriffs, to install and maintain records needed for the correct reporting of statistical data and to report that data to the Attorney General at those times, and in a manner, prescribed by the Attorney General. This bill would, until January 1, 2015, authorize the Alameda County District Attorney's Office and the Los Angeles County Sheriff' s Department to collect statistical data on arrests or prosecutions involving private information  , as defined,  gathered from the Internet that was used in furtherance of a crime within each participating entity's jurisdiction. The bill would require, if the  statistical  data is collected, the publication of the  data   statistical information  in a prescribed manner on or before July 1, 2013, and January 1, 2014. This bill would make legislative findings and declarations as to the necessity of a special statute for the Alameda County District Attorney and the Los Angeles County Sheriff's Department. 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. Section 13023.5 is added to the Penal Code, to read: 13023.5. (a) The Alameda County District Attorney's Office and the Los Angeles County Sheriff's Department may collect statistical data on arrests or prosecutions involving private information gathered from the Internet that was used in furtherance of a crime within each participating entity's jurisdiction. The information may be gathered in a manner that the participating entity deems appropriate and may focus the statistical data on crimes the victim of which is a minor. (b) If an entity in subdivision (a) collects the statistical data, that entity shall publish the  statistical  information or post the  statistical  information on the entity's Internet Web site in two installments. The first installment shall be published on or before July 1, 2013, and shall be comprised of all information collected prior to that date. The second installment, which shall be comprised of all information collected on or after July 1, 2013, shall be published on or before January 1, 2014.  (c) For purposes of this section, "private information" means any information that identifies or describes an individual, including, but not limited to, his or her name, social security number, account numbers, passwords, personal identification numbers, physical description, physical location, home address, home telephone number, education, financial matters, and medical or employment history. Private information includes statements made by, or attributed to, the individual.   (c)   (d)  This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to establish a pilot program in the named counties to determine, on a smaller scale, the efficacy of the program and the usefulness of the data collected.