California 2013 2013-2014 Regular Session

California Senate Bill SB828 Amended / Bill

Filed 05/06/2014

 BILL NUMBER: SB 828AMENDED BILL TEXT AMENDED IN SENATE MAY 6, 2014 AMENDED IN SENATE APRIL 21, 2014 INTRODUCED BY Senators Lieu and Anderson (Coauthor: Senator Padilla) JANUARY 6, 2014 An act to add Chapter 32.5 (commencing with Section 7599) to Division 7 of Title 1 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGEST SB 828, as amended, Lieu. Assistance to federal agencies. The United States Constitution provides that it and other federal laws are the supreme law of the land. The 4th Amendment to the United States Constitution sets forth the right against unreasonable searches and seizures by the federal government and prohibits a federal warrant from being issued unless there is probable cause, supported by an oath or affirmation, that particularly describes the place to be searched, and the person or thing to be seized. This bill would enact the 4th Amendment Protection Act and prohibit the state from providing material support, participation, or assistance to any federal agency attempting the illegal and unconstitutional collection of electronic data or metadata, without consent, of any person not based on a  valid  warrant that particularly describes the person, place, and thing to be searched or  seized,   seized or a court order,  or in accordance with judicially recognized exceptions to warrant requirements. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 32.5 (commencing with Section 7599) is added to Division 7 of Title 1 of the Government Code, to read: CHAPTER 32.5. THE 4TH AMENDMENT PROTECTION ACT 7599. The state shall not provide material support, participation, or assistance to any federal agency attempting the illegal and unconstitutional collection of electronic data or metadata, without consent, of any person not based on a  valid  warrant that particularly describes the person, place, and thing to be searched or  seized,   seized or a court order, or in accordance with judicially recognized exceptions to warrant requirements.