California 2023-2024 Regular Session

California Senate Bill SB1394 Compare Versions

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1-Senate Bill No. 1394 CHAPTER 655An act to add Chapter 6 (commencing with Section 28200) to Division 12 of the Vehicle Code, relating to vehicles. [ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 1394, Min. Access to connected vehicle service.Existing law generally regulates the safety of motor vehicles and the use of certain types of equipment installed in a motor vehicle, and generally makes a violation of these requirements a crime. Existing law provides various protections to persons who are escaping from actual or threatened domestic violence, sexual assault, stalking, human trafficking, and other abuse, including providing for a means to keep the names and addresses of abuse survivors confidential in public records.This bill would require, beginning on January 1, 2028, a vehicle with connected vehicle service to clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either connected vehicle service or connected vehicle location access, as those terms would be defined. The bill, beginning on July 1, 2025, for vehicles with connected vehicle service, would further require a covered provider to provide a process for a driver to terminate a persons access to connected vehicle service, as specified. The bill would require, beginning on January 1, 2028, a covered provider to provide, in a vehicle manufactured on or after January 1, 2028, that has connected vehicle location access, a mechanism that meets specific requirements and can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access. The bill would, beginning on July 1, 2026, apply this provision to vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates, as specified. The bill would define terms for these purposes, including covered provider, which would be defined as a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service. By establishing new duties on vehicle manufacturers or these entities, this bill would expand the general crime applicable to provisions under the Vehicle Code, thereby imposing a state-mandated local program.The bill would also declare the severability of its provisions.The bill would make legislative findings and declarations in support of its provisions.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Domestic abuse, stalking, dating violence, sexual assault, human trafficking, and related abuse are life-threatening issues that have lasting and harmful effects on individuals, families, and communities.(b) Abuse survivors often lack resources, options, and meaningful support when establishing independence from an abuser, including the barriers of financial insecurity and limited access to reliable means to maintain essential connections with family, social safety networks, employers, and support services. Abuse survivors may share a car title with an abusive partner, and safe access to an automobile can be a lifeline for an abuse survivor.(c) Abusive partners increasingly use technological and communication tools to exercise control over, monitor, and abuse their victims. Cases of technology-enabled stalking and abuse involving vehicles are increasing as automakers include app-connected remote access and digital features. Through these apps, abusive partners are tracking, surveilling, and intimidating abuse survivors through location-tracking and remote-control functions to turn on the ignition, adjust the vehicles climate, lock doors, turn off electric charging, honk the horn, record video footage and audio, and use other means of electronically or remotely controlling the vehicle. Tracking can be viewed in real time, or location history records can be accessed and reviewed at a later time.(d) Tracking often occurs unbeknownst to an abuse victim, who may be unaware that the vehicle is app-connected or that an abusive partner has remote access through such technologies as mobile phone wireless connectivity and location data capabilities that are manufactured into vehicles.(e) Safeguards within vehicle design and remote access can prevent future abuse, including requiring app-connected and tracking notifications to be designed to provide knowledge of who has vehicular access.(f) According to privacy researchers and as reported in the New York Times, Modern vehicles have been called smartphones with wheels because they are internet-connected and have myriad methods of data collection, from cameras and seat weight sensors to records of how hard you brake and corner. Most drivers dont realize how much information their cars are collecting and who has access to it.(g) Under the federal Safe Connections Act of 2022, survivors of domestic abuse are empowered to protect themselves and their loved ones by requiring telecommunications providers, upon request, to separate their mobile phone accounts from the accounts of their abusers, but the law does not extend to vehicular technology.(h) It is the intent of this act to end stalking and abuse by abusive partners who can access connected vehicle service.SEC. 2. Chapter 6 (commencing with Section 28200) is added to Division 12 of the Vehicle Code, to read: CHAPTER 6. Connected Vehicle Service Article 1. General Provisions28200. Unless the context requires otherwise, for purposes of this chapter, the following terms have the following meanings:(a) Account holder means a person who is a party to or a user of services provided under a contract for connected vehicle service with a covered provider, and includes, but is not limited to, a subscriber, customer, or registered user.(b) Connected vehicle location access is a type of connected vehicle service that allows a person who is outside of a vehicle, excluding a covered provider or vehicle cellular data provider, to view or track the location of the vehicle, including, but not limited to, a location determined by a Global Positioning System (GPS), whether through the internet, an app-based technology, or any other remote wireless connectivity technology.(c) Connected vehicle service means any capability provided by or on behalf of a vehicle manufacturer that enables a person, excluding a covered provider or vehicle cellular data provider, to remotely obtain data from, or send commands to, a vehicle, which may be accomplished through a software application that is designed to be operated on a mobile device.(d) Connected vehicle service account means an account or other means by which a person enrolls in or obtains access to a connected vehicle service.(e) Connected vehicle service request means a request by a driver to terminate a persons access to connected vehicle service.(f) Covered provider means a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service.28202. (a) A vehicle with connected vehicle service shall clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either of the following:(1) Connected vehicle service.(2) Connected vehicle location access.(b) This section shall become operative on January 1, 2028.28204. The provisions of this chapter are severable. If any provision of this chapter 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.28206. (a) This article, except Section 28202, and Article 2 (commencing with Section 28220) shall become operative on July 1, 2025, and apply to vehicles that have connected vehicle service.(b) Article 3 (commencing with Section 28240) shall become operative as follows:(1) On January 1, 2028, for vehicles manufactured on or after January 1, 2028, that have connected vehicle location access.(2) On July 1, 2026, for vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates that provide for the functionality required by Article 3 (commencing with Section 28240).(c) This chapter does not apply to vehicles owned or operated by a rental company, as defined in Section 1939.01 of the Civil Code.28210. A covered provider or any officer, director, employee, vendor, or agent of a covered provider shall not be subject to liability for any claims deriving from an action taken in compliance with this chapter. Article 2. Access to Connected Vehicle Service28220. (a) A covered provider shall provide a process that includes a prominent and clearly visible link entitled HOW TO DISCONNECT REMOTE VEHICLE ACCESS on its internet website to complete both of the following transactions:(1) Submit a connected vehicle service request.(2) Obtain a new connected vehicle service account.(b) A covered provider shall ensure that all communications provided pursuant to this article are clear, concise, and written in accessible language. It is imperative that drivers, particularly those who are abuse survivors, receive support and clear guidance throughout the process for submitting a connected vehicle service request or obtaining a new connected vehicle service account.28222. To enhance transparency and communication, the process to submit a connected vehicle service request or obtain a new connected vehicle service account shall be efficient, secure, user-friendly, and include all of the following features:(a) Upon submission of a connected vehicle service request or request to obtain a new connected vehicle service account, the covered provider shall automatically send a confirmation email to the driver, acknowledging the receipt of the request. This email shall contain a reference number for the request and an outline of the subsequent steps in the process.(b) Upon completing the review of the request, the covered provider shall inform the driver of the action taken, including, as applicable, whether a persons access to connected vehicle service has been terminated, or if additional information or proof of legal possession of the vehicle is needed. This alert shall clearly state any relevant details or further actions required from the driver to complete a successful connected vehicle service request.(c) If a connected vehicle service request is approved, the covered provider shall provide the driver with a clear explanation and guidance on how to create their own connected vehicle service account, if applicable, to ensure that the driver can maintain control over the connected vehicle service once another persons access to connected vehicle service has been terminated.28224. (a) A driver shall demonstrate to a covered provider the authority to terminate a persons access to connected vehicle service by providing both of the following:(1) The vehicle identification number.(2) Proof of legal possession of the vehicle, which may be a legal title to the vehicle, or a dissolution decree, temporary court order, or domestic violence restraining order that awards possession or exclusive use of the vehicle to the driver. A court order awarding sole possession or exclusive use of a vehicle shall take priority over a vehicle title showing joint ownership for purposes of this article.(b) A covered provider shall not require a driver to provide any proof of legal possession other than what is required in subdivision (a) to establish the authority to terminate a persons access to connected vehicle service.(c) A covered provider shall not require a driver to take any action to terminate a persons access to connected vehicle service other than what is set forth in this section, including, but not limited to, requiring any of the following:(1) Payment of a fee, penalty, or other charge to complete a connected vehicle service request.(2) Maintaining or extending the term of a connected vehicle service account.(3) Approval by any account holder, including, but not limited to, the named account holder, of the change in access.(4) An increase in the rate charged for the connected vehicle service.(d) A covered provider shall terminate a persons access to connected vehicle service within two business days after the date of receiving a completed request from a driver who meets the requirements of this section.28226. (a) If a covered provider terminated a persons access to connected vehicle service in response to a connected vehicle service request, the covered provider shall not provide to the person any data or information regarding the driver, the vehicle, or any new connected vehicle service account that was generated after that persons access to the connected vehicle service was terminated.(b) A covered provider shall ensure that all personal information provided during the process to terminate a persons access to connected vehicle service is handled with appropriate security and privacy, adhering to relevant data protection laws and regulations.(c) A covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a driver pursuant to this article as confidential and shall comply with applicable privacy laws.(d) A covered provider shall not share information submitted by a driver pursuant to this article with any third party without the affirmative consent of the driver, unless sharing that information is required to effectuate a connected vehicle service request.(e) Nothing in this section shall preclude a covered provider from responding to a court order or warrant.28228. The termination of connected vehicle service pursuant to this article shall not be deemed to impact legal ownership of a vehicle. Article 3. Disabling Connected Vehicle Location Access28240. If a vehicle includes connected vehicle location access, a covered provider shall provide a mechanism that can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access.28242. A mechanism for disabling connected vehicle location access shall meet all of the following requirements:(a) Be prominently located and easy to use.(b) Not require access to, or use of, a remote or online application.(c) (1) Not require account creation, a password, or login information.(2) A vehicle manufacturer may require a driver to input a mobile number associated with the connected vehicle service account. If a vehicle manufacturer requires a driver to input a mobile number in order to disable the connected vehicle location access connection, it shall not require any further information in order to allow the driver to disable the connection, including, but not limited to, using that number as part of a two-factor authentication process that results in sending a code to the mobile number.(d) Allow connected vehicle location access that has been disabled from inside the vehicle to be enabled only by a driver who is located inside the vehicle.28244. Disabling the connected vehicle location access from inside the vehicle shall not result in an account holder of the connected vehicle service, vehicle manufacturer, or a third-party service provider receiving any notification related to the connected vehicle location access being disabled, including, but not limited to, an alert, email, text, or telephone call.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
1+Enrolled September 06, 2024 Passed IN Senate August 31, 2024 Passed IN Assembly August 31, 2024 Amended IN Assembly August 28, 2024 Amended IN Assembly August 22, 2024 Amended IN Assembly July 08, 2024 Amended IN Senate April 11, 2024 Amended IN Senate April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1394Introduced by Senators Min and Ashby and Assembly Member WeberFebruary 16, 2024An act to add Chapter 6 (commencing with Section 28200) to Division 12 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1394, Min. Access to connected vehicle service.Existing law generally regulates the safety of motor vehicles and the use of certain types of equipment installed in a motor vehicle, and generally makes a violation of these requirements a crime. Existing law provides various protections to persons who are escaping from actual or threatened domestic violence, sexual assault, stalking, human trafficking, and other abuse, including providing for a means to keep the names and addresses of abuse survivors confidential in public records.This bill would require, beginning on January 1, 2028, a vehicle with connected vehicle service to clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either connected vehicle service or connected vehicle location access, as those terms would be defined. The bill, beginning on July 1, 2025, for vehicles with connected vehicle service, would further require a covered provider to provide a process for a driver to terminate a persons access to connected vehicle service, as specified. The bill would require, beginning on January 1, 2028, a covered provider to provide, in a vehicle manufactured on or after January 1, 2028, that has connected vehicle location access, a mechanism that meets specific requirements and can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access. The bill would, beginning on July 1, 2026, apply this provision to vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates, as specified. The bill would define terms for these purposes, including covered provider, which would be defined as a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service. By establishing new duties on vehicle manufacturers or these entities, this bill would expand the general crime applicable to provisions under the Vehicle Code, thereby imposing a state-mandated local program.The bill would also declare the severability of its provisions.The bill would make legislative findings and declarations in support of its provisions.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Domestic abuse, stalking, dating violence, sexual assault, human trafficking, and related abuse are life-threatening issues that have lasting and harmful effects on individuals, families, and communities.(b) Abuse survivors often lack resources, options, and meaningful support when establishing independence from an abuser, including the barriers of financial insecurity and limited access to reliable means to maintain essential connections with family, social safety networks, employers, and support services. Abuse survivors may share a car title with an abusive partner, and safe access to an automobile can be a lifeline for an abuse survivor.(c) Abusive partners increasingly use technological and communication tools to exercise control over, monitor, and abuse their victims. Cases of technology-enabled stalking and abuse involving vehicles are increasing as automakers include app-connected remote access and digital features. Through these apps, abusive partners are tracking, surveilling, and intimidating abuse survivors through location-tracking and remote-control functions to turn on the ignition, adjust the vehicles climate, lock doors, turn off electric charging, honk the horn, record video footage and audio, and use other means of electronically or remotely controlling the vehicle. Tracking can be viewed in real time, or location history records can be accessed and reviewed at a later time.(d) Tracking often occurs unbeknownst to an abuse victim, who may be unaware that the vehicle is app-connected or that an abusive partner has remote access through such technologies as mobile phone wireless connectivity and location data capabilities that are manufactured into vehicles.(e) Safeguards within vehicle design and remote access can prevent future abuse, including requiring app-connected and tracking notifications to be designed to provide knowledge of who has vehicular access.(f) According to privacy researchers and as reported in the New York Times, Modern vehicles have been called smartphones with wheels because they are internet-connected and have myriad methods of data collection, from cameras and seat weight sensors to records of how hard you brake and corner. Most drivers dont realize how much information their cars are collecting and who has access to it.(g) Under the federal Safe Connections Act of 2022, survivors of domestic abuse are empowered to protect themselves and their loved ones by requiring telecommunications providers, upon request, to separate their mobile phone accounts from the accounts of their abusers, but the law does not extend to vehicular technology.(h) It is the intent of this act to end stalking and abuse by abusive partners who can access connected vehicle service.SEC. 2. Chapter 6 (commencing with Section 28200) is added to Division 12 of the Vehicle Code, to read: CHAPTER 6. Connected Vehicle Service Article 1. General Provisions28200. Unless the context requires otherwise, for purposes of this chapter, the following terms have the following meanings:(a) Account holder means a person who is a party to or a user of services provided under a contract for connected vehicle service with a covered provider, and includes, but is not limited to, a subscriber, customer, or registered user.(b) Connected vehicle location access is a type of connected vehicle service that allows a person who is outside of a vehicle, excluding a covered provider or vehicle cellular data provider, to view or track the location of the vehicle, including, but not limited to, a location determined by a Global Positioning System (GPS), whether through the internet, an app-based technology, or any other remote wireless connectivity technology.(c) Connected vehicle service means any capability provided by or on behalf of a vehicle manufacturer that enables a person, excluding a covered provider or vehicle cellular data provider, to remotely obtain data from, or send commands to, a vehicle, which may be accomplished through a software application that is designed to be operated on a mobile device.(d) Connected vehicle service account means an account or other means by which a person enrolls in or obtains access to a connected vehicle service.(e) Connected vehicle service request means a request by a driver to terminate a persons access to connected vehicle service.(f) Covered provider means a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service.28202. (a) A vehicle with connected vehicle service shall clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either of the following:(1) Connected vehicle service.(2) Connected vehicle location access.(b) This section shall become operative on January 1, 2028.28204. The provisions of this chapter are severable. If any provision of this chapter 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.28206. (a) This article, except Section 28202, and Article 2 (commencing with Section 28220) shall become operative on July 1, 2025, and apply to vehicles that have connected vehicle service.(b) Article 3 (commencing with Section 28240) shall become operative as follows:(1) On January 1, 2028, for vehicles manufactured on or after January 1, 2028, that have connected vehicle location access.(2) On July 1, 2026, for vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates that provide for the functionality required by Article 3 (commencing with Section 28240).(c) This chapter does not apply to vehicles owned or operated by a rental company, as defined in Section 1939.01 of the Civil Code.28210. A covered provider or any officer, director, employee, vendor, or agent of a covered provider shall not be subject to liability for any claims deriving from an action taken in compliance with this chapter. Article 2. Access to Connected Vehicle Service28220. (a) A covered provider shall provide a process that includes a prominent and clearly visible link entitled HOW TO DISCONNECT REMOTE VEHICLE ACCESS on its internet website to complete both of the following transactions:(1) Submit a connected vehicle service request.(2) Obtain a new connected vehicle service account.(b) A covered provider shall ensure that all communications provided pursuant to this article are clear, concise, and written in accessible language. It is imperative that drivers, particularly those who are abuse survivors, receive support and clear guidance throughout the process for submitting a connected vehicle service request or obtaining a new connected vehicle service account.28222. To enhance transparency and communication, the process to submit a connected vehicle service request or obtain a new connected vehicle service account shall be efficient, secure, user-friendly, and include all of the following features:(a) Upon submission of a connected vehicle service request or request to obtain a new connected vehicle service account, the covered provider shall automatically send a confirmation email to the driver, acknowledging the receipt of the request. This email shall contain a reference number for the request and an outline of the subsequent steps in the process.(b) Upon completing the review of the request, the covered provider shall inform the driver of the action taken, including, as applicable, whether a persons access to connected vehicle service has been terminated, or if additional information or proof of legal possession of the vehicle is needed. This alert shall clearly state any relevant details or further actions required from the driver to complete a successful connected vehicle service request.(c) If a connected vehicle service request is approved, the covered provider shall provide the driver with a clear explanation and guidance on how to create their own connected vehicle service account, if applicable, to ensure that the driver can maintain control over the connected vehicle service once another persons access to connected vehicle service has been terminated.28224. (a) A driver shall demonstrate to a covered provider the authority to terminate a persons access to connected vehicle service by providing both of the following:(1) The vehicle identification number.(2) Proof of legal possession of the vehicle, which may be a legal title to the vehicle, or a dissolution decree, temporary court order, or domestic violence restraining order that awards possession or exclusive use of the vehicle to the driver. A court order awarding sole possession or exclusive use of a vehicle shall take priority over a vehicle title showing joint ownership for purposes of this article.(b) A covered provider shall not require a driver to provide any proof of legal possession other than what is required in subdivision (a) to establish the authority to terminate a persons access to connected vehicle service.(c) A covered provider shall not require a driver to take any action to terminate a persons access to connected vehicle service other than what is set forth in this section, including, but not limited to, requiring any of the following:(1) Payment of a fee, penalty, or other charge to complete a connected vehicle service request.(2) Maintaining or extending the term of a connected vehicle service account.(3) Approval by any account holder, including, but not limited to, the named account holder, of the change in access.(4) An increase in the rate charged for the connected vehicle service.(d) A covered provider shall terminate a persons access to connected vehicle service within two business days after the date of receiving a completed request from a driver who meets the requirements of this section.28226. (a) If a covered provider terminated a persons access to connected vehicle service in response to a connected vehicle service request, the covered provider shall not provide to the person any data or information regarding the driver, the vehicle, or any new connected vehicle service account that was generated after that persons access to the connected vehicle service was terminated.(b) A covered provider shall ensure that all personal information provided during the process to terminate a persons access to connected vehicle service is handled with appropriate security and privacy, adhering to relevant data protection laws and regulations.(c) A covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a driver pursuant to this article as confidential and shall comply with applicable privacy laws.(d) A covered provider shall not share information submitted by a driver pursuant to this article with any third party without the affirmative consent of the driver, unless sharing that information is required to effectuate a connected vehicle service request.(e) Nothing in this section shall preclude a covered provider from responding to a court order or warrant.28228. The termination of connected vehicle service pursuant to this article shall not be deemed to impact legal ownership of a vehicle. Article 3. Disabling Connected Vehicle Location Access28240. If a vehicle includes connected vehicle location access, a covered provider shall provide a mechanism that can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access.28242. A mechanism for disabling connected vehicle location access shall meet all of the following requirements:(a) Be prominently located and easy to use.(b) Not require access to, or use of, a remote or online application.(c) (1) Not require account creation, a password, or login information.(2) A vehicle manufacturer may require a driver to input a mobile number associated with the connected vehicle service account. If a vehicle manufacturer requires a driver to input a mobile number in order to disable the connected vehicle location access connection, it shall not require any further information in order to allow the driver to disable the connection, including, but not limited to, using that number as part of a two-factor authentication process that results in sending a code to the mobile number.(d) Allow connected vehicle location access that has been disabled from inside the vehicle to be enabled only by a driver who is located inside the vehicle.28244. Disabling the connected vehicle location access from inside the vehicle shall not result in an account holder of the connected vehicle service, vehicle manufacturer, or a third-party service provider receiving any notification related to the connected vehicle location access being disabled, including, but not limited to, an alert, email, text, or telephone call.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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3- Senate Bill No. 1394 CHAPTER 655An act to add Chapter 6 (commencing with Section 28200) to Division 12 of the Vehicle Code, relating to vehicles. [ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 1394, Min. Access to connected vehicle service.Existing law generally regulates the safety of motor vehicles and the use of certain types of equipment installed in a motor vehicle, and generally makes a violation of these requirements a crime. Existing law provides various protections to persons who are escaping from actual or threatened domestic violence, sexual assault, stalking, human trafficking, and other abuse, including providing for a means to keep the names and addresses of abuse survivors confidential in public records.This bill would require, beginning on January 1, 2028, a vehicle with connected vehicle service to clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either connected vehicle service or connected vehicle location access, as those terms would be defined. The bill, beginning on July 1, 2025, for vehicles with connected vehicle service, would further require a covered provider to provide a process for a driver to terminate a persons access to connected vehicle service, as specified. The bill would require, beginning on January 1, 2028, a covered provider to provide, in a vehicle manufactured on or after January 1, 2028, that has connected vehicle location access, a mechanism that meets specific requirements and can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access. The bill would, beginning on July 1, 2026, apply this provision to vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates, as specified. The bill would define terms for these purposes, including covered provider, which would be defined as a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service. By establishing new duties on vehicle manufacturers or these entities, this bill would expand the general crime applicable to provisions under the Vehicle Code, thereby imposing a state-mandated local program.The bill would also declare the severability of its provisions.The bill would make legislative findings and declarations in support of its provisions.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled September 06, 2024 Passed IN Senate August 31, 2024 Passed IN Assembly August 31, 2024 Amended IN Assembly August 28, 2024 Amended IN Assembly August 22, 2024 Amended IN Assembly July 08, 2024 Amended IN Senate April 11, 2024 Amended IN Senate April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1394Introduced by Senators Min and Ashby and Assembly Member WeberFebruary 16, 2024An act to add Chapter 6 (commencing with Section 28200) to Division 12 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1394, Min. Access to connected vehicle service.Existing law generally regulates the safety of motor vehicles and the use of certain types of equipment installed in a motor vehicle, and generally makes a violation of these requirements a crime. Existing law provides various protections to persons who are escaping from actual or threatened domestic violence, sexual assault, stalking, human trafficking, and other abuse, including providing for a means to keep the names and addresses of abuse survivors confidential in public records.This bill would require, beginning on January 1, 2028, a vehicle with connected vehicle service to clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either connected vehicle service or connected vehicle location access, as those terms would be defined. The bill, beginning on July 1, 2025, for vehicles with connected vehicle service, would further require a covered provider to provide a process for a driver to terminate a persons access to connected vehicle service, as specified. The bill would require, beginning on January 1, 2028, a covered provider to provide, in a vehicle manufactured on or after January 1, 2028, that has connected vehicle location access, a mechanism that meets specific requirements and can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access. The bill would, beginning on July 1, 2026, apply this provision to vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates, as specified. The bill would define terms for these purposes, including covered provider, which would be defined as a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service. By establishing new duties on vehicle manufacturers or these entities, this bill would expand the general crime applicable to provisions under the Vehicle Code, thereby imposing a state-mandated local program.The bill would also declare the severability of its provisions.The bill would make legislative findings and declarations in support of its provisions.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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5- Senate Bill No. 1394 CHAPTER 655
5+ Enrolled September 06, 2024 Passed IN Senate August 31, 2024 Passed IN Assembly August 31, 2024 Amended IN Assembly August 28, 2024 Amended IN Assembly August 22, 2024 Amended IN Assembly July 08, 2024 Amended IN Senate April 11, 2024 Amended IN Senate April 01, 2024
66
7- Senate Bill No. 1394
7+Enrolled September 06, 2024
8+Passed IN Senate August 31, 2024
9+Passed IN Assembly August 31, 2024
10+Amended IN Assembly August 28, 2024
11+Amended IN Assembly August 22, 2024
12+Amended IN Assembly July 08, 2024
13+Amended IN Senate April 11, 2024
14+Amended IN Senate April 01, 2024
815
9- CHAPTER 655
16+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
17+
18+ Senate Bill
19+
20+No. 1394
21+
22+Introduced by Senators Min and Ashby and Assembly Member WeberFebruary 16, 2024
23+
24+Introduced by Senators Min and Ashby and Assembly Member Weber
25+February 16, 2024
1026
1127 An act to add Chapter 6 (commencing with Section 28200) to Division 12 of the Vehicle Code, relating to vehicles.
12-
13- [ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ]
1428
1529 LEGISLATIVE COUNSEL'S DIGEST
1630
1731 ## LEGISLATIVE COUNSEL'S DIGEST
1832
1933 SB 1394, Min. Access to connected vehicle service.
2034
2135 Existing law generally regulates the safety of motor vehicles and the use of certain types of equipment installed in a motor vehicle, and generally makes a violation of these requirements a crime. Existing law provides various protections to persons who are escaping from actual or threatened domestic violence, sexual assault, stalking, human trafficking, and other abuse, including providing for a means to keep the names and addresses of abuse survivors confidential in public records.This bill would require, beginning on January 1, 2028, a vehicle with connected vehicle service to clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either connected vehicle service or connected vehicle location access, as those terms would be defined. The bill, beginning on July 1, 2025, for vehicles with connected vehicle service, would further require a covered provider to provide a process for a driver to terminate a persons access to connected vehicle service, as specified. The bill would require, beginning on January 1, 2028, a covered provider to provide, in a vehicle manufactured on or after January 1, 2028, that has connected vehicle location access, a mechanism that meets specific requirements and can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access. The bill would, beginning on July 1, 2026, apply this provision to vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates, as specified. The bill would define terms for these purposes, including covered provider, which would be defined as a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service. By establishing new duties on vehicle manufacturers or these entities, this bill would expand the general crime applicable to provisions under the Vehicle Code, thereby imposing a state-mandated local program.The bill would also declare the severability of its provisions.The bill would make legislative findings and declarations in support of its provisions.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.
2236
2337 Existing law generally regulates the safety of motor vehicles and the use of certain types of equipment installed in a motor vehicle, and generally makes a violation of these requirements a crime. Existing law provides various protections to persons who are escaping from actual or threatened domestic violence, sexual assault, stalking, human trafficking, and other abuse, including providing for a means to keep the names and addresses of abuse survivors confidential in public records.
2438
2539 This bill would require, beginning on January 1, 2028, a vehicle with connected vehicle service to clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either connected vehicle service or connected vehicle location access, as those terms would be defined. The bill, beginning on July 1, 2025, for vehicles with connected vehicle service, would further require a covered provider to provide a process for a driver to terminate a persons access to connected vehicle service, as specified. The bill would require, beginning on January 1, 2028, a covered provider to provide, in a vehicle manufactured on or after January 1, 2028, that has connected vehicle location access, a mechanism that meets specific requirements and can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access. The bill would, beginning on July 1, 2026, apply this provision to vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates, as specified. The bill would define terms for these purposes, including covered provider, which would be defined as a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service. By establishing new duties on vehicle manufacturers or these entities, this bill would expand the general crime applicable to provisions under the Vehicle Code, thereby imposing a state-mandated local program.
2640
2741 The bill would also declare the severability of its provisions.
2842
2943 The bill would make legislative findings and declarations in support of its provisions.
3044
3145 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.
3246
3347 This bill would provide that no reimbursement is required by this act for a specified reason.
3448
3549 ## Digest Key
3650
3751 ## Bill Text
3852
3953 The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Domestic abuse, stalking, dating violence, sexual assault, human trafficking, and related abuse are life-threatening issues that have lasting and harmful effects on individuals, families, and communities.(b) Abuse survivors often lack resources, options, and meaningful support when establishing independence from an abuser, including the barriers of financial insecurity and limited access to reliable means to maintain essential connections with family, social safety networks, employers, and support services. Abuse survivors may share a car title with an abusive partner, and safe access to an automobile can be a lifeline for an abuse survivor.(c) Abusive partners increasingly use technological and communication tools to exercise control over, monitor, and abuse their victims. Cases of technology-enabled stalking and abuse involving vehicles are increasing as automakers include app-connected remote access and digital features. Through these apps, abusive partners are tracking, surveilling, and intimidating abuse survivors through location-tracking and remote-control functions to turn on the ignition, adjust the vehicles climate, lock doors, turn off electric charging, honk the horn, record video footage and audio, and use other means of electronically or remotely controlling the vehicle. Tracking can be viewed in real time, or location history records can be accessed and reviewed at a later time.(d) Tracking often occurs unbeknownst to an abuse victim, who may be unaware that the vehicle is app-connected or that an abusive partner has remote access through such technologies as mobile phone wireless connectivity and location data capabilities that are manufactured into vehicles.(e) Safeguards within vehicle design and remote access can prevent future abuse, including requiring app-connected and tracking notifications to be designed to provide knowledge of who has vehicular access.(f) According to privacy researchers and as reported in the New York Times, Modern vehicles have been called smartphones with wheels because they are internet-connected and have myriad methods of data collection, from cameras and seat weight sensors to records of how hard you brake and corner. Most drivers dont realize how much information their cars are collecting and who has access to it.(g) Under the federal Safe Connections Act of 2022, survivors of domestic abuse are empowered to protect themselves and their loved ones by requiring telecommunications providers, upon request, to separate their mobile phone accounts from the accounts of their abusers, but the law does not extend to vehicular technology.(h) It is the intent of this act to end stalking and abuse by abusive partners who can access connected vehicle service.SEC. 2. Chapter 6 (commencing with Section 28200) is added to Division 12 of the Vehicle Code, to read: CHAPTER 6. Connected Vehicle Service Article 1. General Provisions28200. Unless the context requires otherwise, for purposes of this chapter, the following terms have the following meanings:(a) Account holder means a person who is a party to or a user of services provided under a contract for connected vehicle service with a covered provider, and includes, but is not limited to, a subscriber, customer, or registered user.(b) Connected vehicle location access is a type of connected vehicle service that allows a person who is outside of a vehicle, excluding a covered provider or vehicle cellular data provider, to view or track the location of the vehicle, including, but not limited to, a location determined by a Global Positioning System (GPS), whether through the internet, an app-based technology, or any other remote wireless connectivity technology.(c) Connected vehicle service means any capability provided by or on behalf of a vehicle manufacturer that enables a person, excluding a covered provider or vehicle cellular data provider, to remotely obtain data from, or send commands to, a vehicle, which may be accomplished through a software application that is designed to be operated on a mobile device.(d) Connected vehicle service account means an account or other means by which a person enrolls in or obtains access to a connected vehicle service.(e) Connected vehicle service request means a request by a driver to terminate a persons access to connected vehicle service.(f) Covered provider means a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service.28202. (a) A vehicle with connected vehicle service shall clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either of the following:(1) Connected vehicle service.(2) Connected vehicle location access.(b) This section shall become operative on January 1, 2028.28204. The provisions of this chapter are severable. If any provision of this chapter 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.28206. (a) This article, except Section 28202, and Article 2 (commencing with Section 28220) shall become operative on July 1, 2025, and apply to vehicles that have connected vehicle service.(b) Article 3 (commencing with Section 28240) shall become operative as follows:(1) On January 1, 2028, for vehicles manufactured on or after January 1, 2028, that have connected vehicle location access.(2) On July 1, 2026, for vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates that provide for the functionality required by Article 3 (commencing with Section 28240).(c) This chapter does not apply to vehicles owned or operated by a rental company, as defined in Section 1939.01 of the Civil Code.28210. A covered provider or any officer, director, employee, vendor, or agent of a covered provider shall not be subject to liability for any claims deriving from an action taken in compliance with this chapter. Article 2. Access to Connected Vehicle Service28220. (a) A covered provider shall provide a process that includes a prominent and clearly visible link entitled HOW TO DISCONNECT REMOTE VEHICLE ACCESS on its internet website to complete both of the following transactions:(1) Submit a connected vehicle service request.(2) Obtain a new connected vehicle service account.(b) A covered provider shall ensure that all communications provided pursuant to this article are clear, concise, and written in accessible language. It is imperative that drivers, particularly those who are abuse survivors, receive support and clear guidance throughout the process for submitting a connected vehicle service request or obtaining a new connected vehicle service account.28222. To enhance transparency and communication, the process to submit a connected vehicle service request or obtain a new connected vehicle service account shall be efficient, secure, user-friendly, and include all of the following features:(a) Upon submission of a connected vehicle service request or request to obtain a new connected vehicle service account, the covered provider shall automatically send a confirmation email to the driver, acknowledging the receipt of the request. This email shall contain a reference number for the request and an outline of the subsequent steps in the process.(b) Upon completing the review of the request, the covered provider shall inform the driver of the action taken, including, as applicable, whether a persons access to connected vehicle service has been terminated, or if additional information or proof of legal possession of the vehicle is needed. This alert shall clearly state any relevant details or further actions required from the driver to complete a successful connected vehicle service request.(c) If a connected vehicle service request is approved, the covered provider shall provide the driver with a clear explanation and guidance on how to create their own connected vehicle service account, if applicable, to ensure that the driver can maintain control over the connected vehicle service once another persons access to connected vehicle service has been terminated.28224. (a) A driver shall demonstrate to a covered provider the authority to terminate a persons access to connected vehicle service by providing both of the following:(1) The vehicle identification number.(2) Proof of legal possession of the vehicle, which may be a legal title to the vehicle, or a dissolution decree, temporary court order, or domestic violence restraining order that awards possession or exclusive use of the vehicle to the driver. A court order awarding sole possession or exclusive use of a vehicle shall take priority over a vehicle title showing joint ownership for purposes of this article.(b) A covered provider shall not require a driver to provide any proof of legal possession other than what is required in subdivision (a) to establish the authority to terminate a persons access to connected vehicle service.(c) A covered provider shall not require a driver to take any action to terminate a persons access to connected vehicle service other than what is set forth in this section, including, but not limited to, requiring any of the following:(1) Payment of a fee, penalty, or other charge to complete a connected vehicle service request.(2) Maintaining or extending the term of a connected vehicle service account.(3) Approval by any account holder, including, but not limited to, the named account holder, of the change in access.(4) An increase in the rate charged for the connected vehicle service.(d) A covered provider shall terminate a persons access to connected vehicle service within two business days after the date of receiving a completed request from a driver who meets the requirements of this section.28226. (a) If a covered provider terminated a persons access to connected vehicle service in response to a connected vehicle service request, the covered provider shall not provide to the person any data or information regarding the driver, the vehicle, or any new connected vehicle service account that was generated after that persons access to the connected vehicle service was terminated.(b) A covered provider shall ensure that all personal information provided during the process to terminate a persons access to connected vehicle service is handled with appropriate security and privacy, adhering to relevant data protection laws and regulations.(c) A covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a driver pursuant to this article as confidential and shall comply with applicable privacy laws.(d) A covered provider shall not share information submitted by a driver pursuant to this article with any third party without the affirmative consent of the driver, unless sharing that information is required to effectuate a connected vehicle service request.(e) Nothing in this section shall preclude a covered provider from responding to a court order or warrant.28228. The termination of connected vehicle service pursuant to this article shall not be deemed to impact legal ownership of a vehicle. Article 3. Disabling Connected Vehicle Location Access28240. If a vehicle includes connected vehicle location access, a covered provider shall provide a mechanism that can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access.28242. A mechanism for disabling connected vehicle location access shall meet all of the following requirements:(a) Be prominently located and easy to use.(b) Not require access to, or use of, a remote or online application.(c) (1) Not require account creation, a password, or login information.(2) A vehicle manufacturer may require a driver to input a mobile number associated with the connected vehicle service account. If a vehicle manufacturer requires a driver to input a mobile number in order to disable the connected vehicle location access connection, it shall not require any further information in order to allow the driver to disable the connection, including, but not limited to, using that number as part of a two-factor authentication process that results in sending a code to the mobile number.(d) Allow connected vehicle location access that has been disabled from inside the vehicle to be enabled only by a driver who is located inside the vehicle.28244. Disabling the connected vehicle location access from inside the vehicle shall not result in an account holder of the connected vehicle service, vehicle manufacturer, or a third-party service provider receiving any notification related to the connected vehicle location access being disabled, including, but not limited to, an alert, email, text, or telephone call.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
4054
4155 The people of the State of California do enact as follows:
4256
4357 ## The people of the State of California do enact as follows:
4458
4559 SECTION 1. The Legislature finds and declares all of the following:(a) Domestic abuse, stalking, dating violence, sexual assault, human trafficking, and related abuse are life-threatening issues that have lasting and harmful effects on individuals, families, and communities.(b) Abuse survivors often lack resources, options, and meaningful support when establishing independence from an abuser, including the barriers of financial insecurity and limited access to reliable means to maintain essential connections with family, social safety networks, employers, and support services. Abuse survivors may share a car title with an abusive partner, and safe access to an automobile can be a lifeline for an abuse survivor.(c) Abusive partners increasingly use technological and communication tools to exercise control over, monitor, and abuse their victims. Cases of technology-enabled stalking and abuse involving vehicles are increasing as automakers include app-connected remote access and digital features. Through these apps, abusive partners are tracking, surveilling, and intimidating abuse survivors through location-tracking and remote-control functions to turn on the ignition, adjust the vehicles climate, lock doors, turn off electric charging, honk the horn, record video footage and audio, and use other means of electronically or remotely controlling the vehicle. Tracking can be viewed in real time, or location history records can be accessed and reviewed at a later time.(d) Tracking often occurs unbeknownst to an abuse victim, who may be unaware that the vehicle is app-connected or that an abusive partner has remote access through such technologies as mobile phone wireless connectivity and location data capabilities that are manufactured into vehicles.(e) Safeguards within vehicle design and remote access can prevent future abuse, including requiring app-connected and tracking notifications to be designed to provide knowledge of who has vehicular access.(f) According to privacy researchers and as reported in the New York Times, Modern vehicles have been called smartphones with wheels because they are internet-connected and have myriad methods of data collection, from cameras and seat weight sensors to records of how hard you brake and corner. Most drivers dont realize how much information their cars are collecting and who has access to it.(g) Under the federal Safe Connections Act of 2022, survivors of domestic abuse are empowered to protect themselves and their loved ones by requiring telecommunications providers, upon request, to separate their mobile phone accounts from the accounts of their abusers, but the law does not extend to vehicular technology.(h) It is the intent of this act to end stalking and abuse by abusive partners who can access connected vehicle service.
4660
4761 SECTION 1. The Legislature finds and declares all of the following:(a) Domestic abuse, stalking, dating violence, sexual assault, human trafficking, and related abuse are life-threatening issues that have lasting and harmful effects on individuals, families, and communities.(b) Abuse survivors often lack resources, options, and meaningful support when establishing independence from an abuser, including the barriers of financial insecurity and limited access to reliable means to maintain essential connections with family, social safety networks, employers, and support services. Abuse survivors may share a car title with an abusive partner, and safe access to an automobile can be a lifeline for an abuse survivor.(c) Abusive partners increasingly use technological and communication tools to exercise control over, monitor, and abuse their victims. Cases of technology-enabled stalking and abuse involving vehicles are increasing as automakers include app-connected remote access and digital features. Through these apps, abusive partners are tracking, surveilling, and intimidating abuse survivors through location-tracking and remote-control functions to turn on the ignition, adjust the vehicles climate, lock doors, turn off electric charging, honk the horn, record video footage and audio, and use other means of electronically or remotely controlling the vehicle. Tracking can be viewed in real time, or location history records can be accessed and reviewed at a later time.(d) Tracking often occurs unbeknownst to an abuse victim, who may be unaware that the vehicle is app-connected or that an abusive partner has remote access through such technologies as mobile phone wireless connectivity and location data capabilities that are manufactured into vehicles.(e) Safeguards within vehicle design and remote access can prevent future abuse, including requiring app-connected and tracking notifications to be designed to provide knowledge of who has vehicular access.(f) According to privacy researchers and as reported in the New York Times, Modern vehicles have been called smartphones with wheels because they are internet-connected and have myriad methods of data collection, from cameras and seat weight sensors to records of how hard you brake and corner. Most drivers dont realize how much information their cars are collecting and who has access to it.(g) Under the federal Safe Connections Act of 2022, survivors of domestic abuse are empowered to protect themselves and their loved ones by requiring telecommunications providers, upon request, to separate their mobile phone accounts from the accounts of their abusers, but the law does not extend to vehicular technology.(h) It is the intent of this act to end stalking and abuse by abusive partners who can access connected vehicle service.
4862
4963 SECTION 1. The Legislature finds and declares all of the following:
5064
5165 ### SECTION 1.
5266
5367 (a) Domestic abuse, stalking, dating violence, sexual assault, human trafficking, and related abuse are life-threatening issues that have lasting and harmful effects on individuals, families, and communities.
5468
5569 (b) Abuse survivors often lack resources, options, and meaningful support when establishing independence from an abuser, including the barriers of financial insecurity and limited access to reliable means to maintain essential connections with family, social safety networks, employers, and support services. Abuse survivors may share a car title with an abusive partner, and safe access to an automobile can be a lifeline for an abuse survivor.
5670
5771 (c) Abusive partners increasingly use technological and communication tools to exercise control over, monitor, and abuse their victims. Cases of technology-enabled stalking and abuse involving vehicles are increasing as automakers include app-connected remote access and digital features. Through these apps, abusive partners are tracking, surveilling, and intimidating abuse survivors through location-tracking and remote-control functions to turn on the ignition, adjust the vehicles climate, lock doors, turn off electric charging, honk the horn, record video footage and audio, and use other means of electronically or remotely controlling the vehicle. Tracking can be viewed in real time, or location history records can be accessed and reviewed at a later time.
5872
5973 (d) Tracking often occurs unbeknownst to an abuse victim, who may be unaware that the vehicle is app-connected or that an abusive partner has remote access through such technologies as mobile phone wireless connectivity and location data capabilities that are manufactured into vehicles.
6074
6175 (e) Safeguards within vehicle design and remote access can prevent future abuse, including requiring app-connected and tracking notifications to be designed to provide knowledge of who has vehicular access.
6276
6377 (f) According to privacy researchers and as reported in the New York Times, Modern vehicles have been called smartphones with wheels because they are internet-connected and have myriad methods of data collection, from cameras and seat weight sensors to records of how hard you brake and corner. Most drivers dont realize how much information their cars are collecting and who has access to it.
6478
6579 (g) Under the federal Safe Connections Act of 2022, survivors of domestic abuse are empowered to protect themselves and their loved ones by requiring telecommunications providers, upon request, to separate their mobile phone accounts from the accounts of their abusers, but the law does not extend to vehicular technology.
6680
6781 (h) It is the intent of this act to end stalking and abuse by abusive partners who can access connected vehicle service.
6882
6983 SEC. 2. Chapter 6 (commencing with Section 28200) is added to Division 12 of the Vehicle Code, to read: CHAPTER 6. Connected Vehicle Service Article 1. General Provisions28200. Unless the context requires otherwise, for purposes of this chapter, the following terms have the following meanings:(a) Account holder means a person who is a party to or a user of services provided under a contract for connected vehicle service with a covered provider, and includes, but is not limited to, a subscriber, customer, or registered user.(b) Connected vehicle location access is a type of connected vehicle service that allows a person who is outside of a vehicle, excluding a covered provider or vehicle cellular data provider, to view or track the location of the vehicle, including, but not limited to, a location determined by a Global Positioning System (GPS), whether through the internet, an app-based technology, or any other remote wireless connectivity technology.(c) Connected vehicle service means any capability provided by or on behalf of a vehicle manufacturer that enables a person, excluding a covered provider or vehicle cellular data provider, to remotely obtain data from, or send commands to, a vehicle, which may be accomplished through a software application that is designed to be operated on a mobile device.(d) Connected vehicle service account means an account or other means by which a person enrolls in or obtains access to a connected vehicle service.(e) Connected vehicle service request means a request by a driver to terminate a persons access to connected vehicle service.(f) Covered provider means a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service.28202. (a) A vehicle with connected vehicle service shall clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either of the following:(1) Connected vehicle service.(2) Connected vehicle location access.(b) This section shall become operative on January 1, 2028.28204. The provisions of this chapter are severable. If any provision of this chapter 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.28206. (a) This article, except Section 28202, and Article 2 (commencing with Section 28220) shall become operative on July 1, 2025, and apply to vehicles that have connected vehicle service.(b) Article 3 (commencing with Section 28240) shall become operative as follows:(1) On January 1, 2028, for vehicles manufactured on or after January 1, 2028, that have connected vehicle location access.(2) On July 1, 2026, for vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates that provide for the functionality required by Article 3 (commencing with Section 28240).(c) This chapter does not apply to vehicles owned or operated by a rental company, as defined in Section 1939.01 of the Civil Code.28210. A covered provider or any officer, director, employee, vendor, or agent of a covered provider shall not be subject to liability for any claims deriving from an action taken in compliance with this chapter. Article 2. Access to Connected Vehicle Service28220. (a) A covered provider shall provide a process that includes a prominent and clearly visible link entitled HOW TO DISCONNECT REMOTE VEHICLE ACCESS on its internet website to complete both of the following transactions:(1) Submit a connected vehicle service request.(2) Obtain a new connected vehicle service account.(b) A covered provider shall ensure that all communications provided pursuant to this article are clear, concise, and written in accessible language. It is imperative that drivers, particularly those who are abuse survivors, receive support and clear guidance throughout the process for submitting a connected vehicle service request or obtaining a new connected vehicle service account.28222. To enhance transparency and communication, the process to submit a connected vehicle service request or obtain a new connected vehicle service account shall be efficient, secure, user-friendly, and include all of the following features:(a) Upon submission of a connected vehicle service request or request to obtain a new connected vehicle service account, the covered provider shall automatically send a confirmation email to the driver, acknowledging the receipt of the request. This email shall contain a reference number for the request and an outline of the subsequent steps in the process.(b) Upon completing the review of the request, the covered provider shall inform the driver of the action taken, including, as applicable, whether a persons access to connected vehicle service has been terminated, or if additional information or proof of legal possession of the vehicle is needed. This alert shall clearly state any relevant details or further actions required from the driver to complete a successful connected vehicle service request.(c) If a connected vehicle service request is approved, the covered provider shall provide the driver with a clear explanation and guidance on how to create their own connected vehicle service account, if applicable, to ensure that the driver can maintain control over the connected vehicle service once another persons access to connected vehicle service has been terminated.28224. (a) A driver shall demonstrate to a covered provider the authority to terminate a persons access to connected vehicle service by providing both of the following:(1) The vehicle identification number.(2) Proof of legal possession of the vehicle, which may be a legal title to the vehicle, or a dissolution decree, temporary court order, or domestic violence restraining order that awards possession or exclusive use of the vehicle to the driver. A court order awarding sole possession or exclusive use of a vehicle shall take priority over a vehicle title showing joint ownership for purposes of this article.(b) A covered provider shall not require a driver to provide any proof of legal possession other than what is required in subdivision (a) to establish the authority to terminate a persons access to connected vehicle service.(c) A covered provider shall not require a driver to take any action to terminate a persons access to connected vehicle service other than what is set forth in this section, including, but not limited to, requiring any of the following:(1) Payment of a fee, penalty, or other charge to complete a connected vehicle service request.(2) Maintaining or extending the term of a connected vehicle service account.(3) Approval by any account holder, including, but not limited to, the named account holder, of the change in access.(4) An increase in the rate charged for the connected vehicle service.(d) A covered provider shall terminate a persons access to connected vehicle service within two business days after the date of receiving a completed request from a driver who meets the requirements of this section.28226. (a) If a covered provider terminated a persons access to connected vehicle service in response to a connected vehicle service request, the covered provider shall not provide to the person any data or information regarding the driver, the vehicle, or any new connected vehicle service account that was generated after that persons access to the connected vehicle service was terminated.(b) A covered provider shall ensure that all personal information provided during the process to terminate a persons access to connected vehicle service is handled with appropriate security and privacy, adhering to relevant data protection laws and regulations.(c) A covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a driver pursuant to this article as confidential and shall comply with applicable privacy laws.(d) A covered provider shall not share information submitted by a driver pursuant to this article with any third party without the affirmative consent of the driver, unless sharing that information is required to effectuate a connected vehicle service request.(e) Nothing in this section shall preclude a covered provider from responding to a court order or warrant.28228. The termination of connected vehicle service pursuant to this article shall not be deemed to impact legal ownership of a vehicle. Article 3. Disabling Connected Vehicle Location Access28240. If a vehicle includes connected vehicle location access, a covered provider shall provide a mechanism that can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access.28242. A mechanism for disabling connected vehicle location access shall meet all of the following requirements:(a) Be prominently located and easy to use.(b) Not require access to, or use of, a remote or online application.(c) (1) Not require account creation, a password, or login information.(2) A vehicle manufacturer may require a driver to input a mobile number associated with the connected vehicle service account. If a vehicle manufacturer requires a driver to input a mobile number in order to disable the connected vehicle location access connection, it shall not require any further information in order to allow the driver to disable the connection, including, but not limited to, using that number as part of a two-factor authentication process that results in sending a code to the mobile number.(d) Allow connected vehicle location access that has been disabled from inside the vehicle to be enabled only by a driver who is located inside the vehicle.28244. Disabling the connected vehicle location access from inside the vehicle shall not result in an account holder of the connected vehicle service, vehicle manufacturer, or a third-party service provider receiving any notification related to the connected vehicle location access being disabled, including, but not limited to, an alert, email, text, or telephone call.
7084
7185 SEC. 2. Chapter 6 (commencing with Section 28200) is added to Division 12 of the Vehicle Code, to read:
7286
7387 ### SEC. 2.
7488
7589 CHAPTER 6. Connected Vehicle Service Article 1. General Provisions28200. Unless the context requires otherwise, for purposes of this chapter, the following terms have the following meanings:(a) Account holder means a person who is a party to or a user of services provided under a contract for connected vehicle service with a covered provider, and includes, but is not limited to, a subscriber, customer, or registered user.(b) Connected vehicle location access is a type of connected vehicle service that allows a person who is outside of a vehicle, excluding a covered provider or vehicle cellular data provider, to view or track the location of the vehicle, including, but not limited to, a location determined by a Global Positioning System (GPS), whether through the internet, an app-based technology, or any other remote wireless connectivity technology.(c) Connected vehicle service means any capability provided by or on behalf of a vehicle manufacturer that enables a person, excluding a covered provider or vehicle cellular data provider, to remotely obtain data from, or send commands to, a vehicle, which may be accomplished through a software application that is designed to be operated on a mobile device.(d) Connected vehicle service account means an account or other means by which a person enrolls in or obtains access to a connected vehicle service.(e) Connected vehicle service request means a request by a driver to terminate a persons access to connected vehicle service.(f) Covered provider means a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service.28202. (a) A vehicle with connected vehicle service shall clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either of the following:(1) Connected vehicle service.(2) Connected vehicle location access.(b) This section shall become operative on January 1, 2028.28204. The provisions of this chapter are severable. If any provision of this chapter 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.28206. (a) This article, except Section 28202, and Article 2 (commencing with Section 28220) shall become operative on July 1, 2025, and apply to vehicles that have connected vehicle service.(b) Article 3 (commencing with Section 28240) shall become operative as follows:(1) On January 1, 2028, for vehicles manufactured on or after January 1, 2028, that have connected vehicle location access.(2) On July 1, 2026, for vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates that provide for the functionality required by Article 3 (commencing with Section 28240).(c) This chapter does not apply to vehicles owned or operated by a rental company, as defined in Section 1939.01 of the Civil Code.28210. A covered provider or any officer, director, employee, vendor, or agent of a covered provider shall not be subject to liability for any claims deriving from an action taken in compliance with this chapter. Article 2. Access to Connected Vehicle Service28220. (a) A covered provider shall provide a process that includes a prominent and clearly visible link entitled HOW TO DISCONNECT REMOTE VEHICLE ACCESS on its internet website to complete both of the following transactions:(1) Submit a connected vehicle service request.(2) Obtain a new connected vehicle service account.(b) A covered provider shall ensure that all communications provided pursuant to this article are clear, concise, and written in accessible language. It is imperative that drivers, particularly those who are abuse survivors, receive support and clear guidance throughout the process for submitting a connected vehicle service request or obtaining a new connected vehicle service account.28222. To enhance transparency and communication, the process to submit a connected vehicle service request or obtain a new connected vehicle service account shall be efficient, secure, user-friendly, and include all of the following features:(a) Upon submission of a connected vehicle service request or request to obtain a new connected vehicle service account, the covered provider shall automatically send a confirmation email to the driver, acknowledging the receipt of the request. This email shall contain a reference number for the request and an outline of the subsequent steps in the process.(b) Upon completing the review of the request, the covered provider shall inform the driver of the action taken, including, as applicable, whether a persons access to connected vehicle service has been terminated, or if additional information or proof of legal possession of the vehicle is needed. This alert shall clearly state any relevant details or further actions required from the driver to complete a successful connected vehicle service request.(c) If a connected vehicle service request is approved, the covered provider shall provide the driver with a clear explanation and guidance on how to create their own connected vehicle service account, if applicable, to ensure that the driver can maintain control over the connected vehicle service once another persons access to connected vehicle service has been terminated.28224. (a) A driver shall demonstrate to a covered provider the authority to terminate a persons access to connected vehicle service by providing both of the following:(1) The vehicle identification number.(2) Proof of legal possession of the vehicle, which may be a legal title to the vehicle, or a dissolution decree, temporary court order, or domestic violence restraining order that awards possession or exclusive use of the vehicle to the driver. A court order awarding sole possession or exclusive use of a vehicle shall take priority over a vehicle title showing joint ownership for purposes of this article.(b) A covered provider shall not require a driver to provide any proof of legal possession other than what is required in subdivision (a) to establish the authority to terminate a persons access to connected vehicle service.(c) A covered provider shall not require a driver to take any action to terminate a persons access to connected vehicle service other than what is set forth in this section, including, but not limited to, requiring any of the following:(1) Payment of a fee, penalty, or other charge to complete a connected vehicle service request.(2) Maintaining or extending the term of a connected vehicle service account.(3) Approval by any account holder, including, but not limited to, the named account holder, of the change in access.(4) An increase in the rate charged for the connected vehicle service.(d) A covered provider shall terminate a persons access to connected vehicle service within two business days after the date of receiving a completed request from a driver who meets the requirements of this section.28226. (a) If a covered provider terminated a persons access to connected vehicle service in response to a connected vehicle service request, the covered provider shall not provide to the person any data or information regarding the driver, the vehicle, or any new connected vehicle service account that was generated after that persons access to the connected vehicle service was terminated.(b) A covered provider shall ensure that all personal information provided during the process to terminate a persons access to connected vehicle service is handled with appropriate security and privacy, adhering to relevant data protection laws and regulations.(c) A covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a driver pursuant to this article as confidential and shall comply with applicable privacy laws.(d) A covered provider shall not share information submitted by a driver pursuant to this article with any third party without the affirmative consent of the driver, unless sharing that information is required to effectuate a connected vehicle service request.(e) Nothing in this section shall preclude a covered provider from responding to a court order or warrant.28228. The termination of connected vehicle service pursuant to this article shall not be deemed to impact legal ownership of a vehicle. Article 3. Disabling Connected Vehicle Location Access28240. If a vehicle includes connected vehicle location access, a covered provider shall provide a mechanism that can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access.28242. A mechanism for disabling connected vehicle location access shall meet all of the following requirements:(a) Be prominently located and easy to use.(b) Not require access to, or use of, a remote or online application.(c) (1) Not require account creation, a password, or login information.(2) A vehicle manufacturer may require a driver to input a mobile number associated with the connected vehicle service account. If a vehicle manufacturer requires a driver to input a mobile number in order to disable the connected vehicle location access connection, it shall not require any further information in order to allow the driver to disable the connection, including, but not limited to, using that number as part of a two-factor authentication process that results in sending a code to the mobile number.(d) Allow connected vehicle location access that has been disabled from inside the vehicle to be enabled only by a driver who is located inside the vehicle.28244. Disabling the connected vehicle location access from inside the vehicle shall not result in an account holder of the connected vehicle service, vehicle manufacturer, or a third-party service provider receiving any notification related to the connected vehicle location access being disabled, including, but not limited to, an alert, email, text, or telephone call.
7690
7791 CHAPTER 6. Connected Vehicle Service Article 1. General Provisions28200. Unless the context requires otherwise, for purposes of this chapter, the following terms have the following meanings:(a) Account holder means a person who is a party to or a user of services provided under a contract for connected vehicle service with a covered provider, and includes, but is not limited to, a subscriber, customer, or registered user.(b) Connected vehicle location access is a type of connected vehicle service that allows a person who is outside of a vehicle, excluding a covered provider or vehicle cellular data provider, to view or track the location of the vehicle, including, but not limited to, a location determined by a Global Positioning System (GPS), whether through the internet, an app-based technology, or any other remote wireless connectivity technology.(c) Connected vehicle service means any capability provided by or on behalf of a vehicle manufacturer that enables a person, excluding a covered provider or vehicle cellular data provider, to remotely obtain data from, or send commands to, a vehicle, which may be accomplished through a software application that is designed to be operated on a mobile device.(d) Connected vehicle service account means an account or other means by which a person enrolls in or obtains access to a connected vehicle service.(e) Connected vehicle service request means a request by a driver to terminate a persons access to connected vehicle service.(f) Covered provider means a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service.28202. (a) A vehicle with connected vehicle service shall clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either of the following:(1) Connected vehicle service.(2) Connected vehicle location access.(b) This section shall become operative on January 1, 2028.28204. The provisions of this chapter are severable. If any provision of this chapter 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.28206. (a) This article, except Section 28202, and Article 2 (commencing with Section 28220) shall become operative on July 1, 2025, and apply to vehicles that have connected vehicle service.(b) Article 3 (commencing with Section 28240) shall become operative as follows:(1) On January 1, 2028, for vehicles manufactured on or after January 1, 2028, that have connected vehicle location access.(2) On July 1, 2026, for vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates that provide for the functionality required by Article 3 (commencing with Section 28240).(c) This chapter does not apply to vehicles owned or operated by a rental company, as defined in Section 1939.01 of the Civil Code.28210. A covered provider or any officer, director, employee, vendor, or agent of a covered provider shall not be subject to liability for any claims deriving from an action taken in compliance with this chapter. Article 2. Access to Connected Vehicle Service28220. (a) A covered provider shall provide a process that includes a prominent and clearly visible link entitled HOW TO DISCONNECT REMOTE VEHICLE ACCESS on its internet website to complete both of the following transactions:(1) Submit a connected vehicle service request.(2) Obtain a new connected vehicle service account.(b) A covered provider shall ensure that all communications provided pursuant to this article are clear, concise, and written in accessible language. It is imperative that drivers, particularly those who are abuse survivors, receive support and clear guidance throughout the process for submitting a connected vehicle service request or obtaining a new connected vehicle service account.28222. To enhance transparency and communication, the process to submit a connected vehicle service request or obtain a new connected vehicle service account shall be efficient, secure, user-friendly, and include all of the following features:(a) Upon submission of a connected vehicle service request or request to obtain a new connected vehicle service account, the covered provider shall automatically send a confirmation email to the driver, acknowledging the receipt of the request. This email shall contain a reference number for the request and an outline of the subsequent steps in the process.(b) Upon completing the review of the request, the covered provider shall inform the driver of the action taken, including, as applicable, whether a persons access to connected vehicle service has been terminated, or if additional information or proof of legal possession of the vehicle is needed. This alert shall clearly state any relevant details or further actions required from the driver to complete a successful connected vehicle service request.(c) If a connected vehicle service request is approved, the covered provider shall provide the driver with a clear explanation and guidance on how to create their own connected vehicle service account, if applicable, to ensure that the driver can maintain control over the connected vehicle service once another persons access to connected vehicle service has been terminated.28224. (a) A driver shall demonstrate to a covered provider the authority to terminate a persons access to connected vehicle service by providing both of the following:(1) The vehicle identification number.(2) Proof of legal possession of the vehicle, which may be a legal title to the vehicle, or a dissolution decree, temporary court order, or domestic violence restraining order that awards possession or exclusive use of the vehicle to the driver. A court order awarding sole possession or exclusive use of a vehicle shall take priority over a vehicle title showing joint ownership for purposes of this article.(b) A covered provider shall not require a driver to provide any proof of legal possession other than what is required in subdivision (a) to establish the authority to terminate a persons access to connected vehicle service.(c) A covered provider shall not require a driver to take any action to terminate a persons access to connected vehicle service other than what is set forth in this section, including, but not limited to, requiring any of the following:(1) Payment of a fee, penalty, or other charge to complete a connected vehicle service request.(2) Maintaining or extending the term of a connected vehicle service account.(3) Approval by any account holder, including, but not limited to, the named account holder, of the change in access.(4) An increase in the rate charged for the connected vehicle service.(d) A covered provider shall terminate a persons access to connected vehicle service within two business days after the date of receiving a completed request from a driver who meets the requirements of this section.28226. (a) If a covered provider terminated a persons access to connected vehicle service in response to a connected vehicle service request, the covered provider shall not provide to the person any data or information regarding the driver, the vehicle, or any new connected vehicle service account that was generated after that persons access to the connected vehicle service was terminated.(b) A covered provider shall ensure that all personal information provided during the process to terminate a persons access to connected vehicle service is handled with appropriate security and privacy, adhering to relevant data protection laws and regulations.(c) A covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a driver pursuant to this article as confidential and shall comply with applicable privacy laws.(d) A covered provider shall not share information submitted by a driver pursuant to this article with any third party without the affirmative consent of the driver, unless sharing that information is required to effectuate a connected vehicle service request.(e) Nothing in this section shall preclude a covered provider from responding to a court order or warrant.28228. The termination of connected vehicle service pursuant to this article shall not be deemed to impact legal ownership of a vehicle. Article 3. Disabling Connected Vehicle Location Access28240. If a vehicle includes connected vehicle location access, a covered provider shall provide a mechanism that can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access.28242. A mechanism for disabling connected vehicle location access shall meet all of the following requirements:(a) Be prominently located and easy to use.(b) Not require access to, or use of, a remote or online application.(c) (1) Not require account creation, a password, or login information.(2) A vehicle manufacturer may require a driver to input a mobile number associated with the connected vehicle service account. If a vehicle manufacturer requires a driver to input a mobile number in order to disable the connected vehicle location access connection, it shall not require any further information in order to allow the driver to disable the connection, including, but not limited to, using that number as part of a two-factor authentication process that results in sending a code to the mobile number.(d) Allow connected vehicle location access that has been disabled from inside the vehicle to be enabled only by a driver who is located inside the vehicle.28244. Disabling the connected vehicle location access from inside the vehicle shall not result in an account holder of the connected vehicle service, vehicle manufacturer, or a third-party service provider receiving any notification related to the connected vehicle location access being disabled, including, but not limited to, an alert, email, text, or telephone call.
7892
7993 CHAPTER 6. Connected Vehicle Service
8094
8195 CHAPTER 6. Connected Vehicle Service
8296
8397 Article 1. General Provisions28200. Unless the context requires otherwise, for purposes of this chapter, the following terms have the following meanings:(a) Account holder means a person who is a party to or a user of services provided under a contract for connected vehicle service with a covered provider, and includes, but is not limited to, a subscriber, customer, or registered user.(b) Connected vehicle location access is a type of connected vehicle service that allows a person who is outside of a vehicle, excluding a covered provider or vehicle cellular data provider, to view or track the location of the vehicle, including, but not limited to, a location determined by a Global Positioning System (GPS), whether through the internet, an app-based technology, or any other remote wireless connectivity technology.(c) Connected vehicle service means any capability provided by or on behalf of a vehicle manufacturer that enables a person, excluding a covered provider or vehicle cellular data provider, to remotely obtain data from, or send commands to, a vehicle, which may be accomplished through a software application that is designed to be operated on a mobile device.(d) Connected vehicle service account means an account or other means by which a person enrolls in or obtains access to a connected vehicle service.(e) Connected vehicle service request means a request by a driver to terminate a persons access to connected vehicle service.(f) Covered provider means a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service.28202. (a) A vehicle with connected vehicle service shall clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either of the following:(1) Connected vehicle service.(2) Connected vehicle location access.(b) This section shall become operative on January 1, 2028.28204. The provisions of this chapter are severable. If any provision of this chapter 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.28206. (a) This article, except Section 28202, and Article 2 (commencing with Section 28220) shall become operative on July 1, 2025, and apply to vehicles that have connected vehicle service.(b) Article 3 (commencing with Section 28240) shall become operative as follows:(1) On January 1, 2028, for vehicles manufactured on or after January 1, 2028, that have connected vehicle location access.(2) On July 1, 2026, for vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates that provide for the functionality required by Article 3 (commencing with Section 28240).(c) This chapter does not apply to vehicles owned or operated by a rental company, as defined in Section 1939.01 of the Civil Code.28210. A covered provider or any officer, director, employee, vendor, or agent of a covered provider shall not be subject to liability for any claims deriving from an action taken in compliance with this chapter.
8498
8599 Article 1. General Provisions
86100
87101 Article 1. General Provisions
88102
89103 28200. Unless the context requires otherwise, for purposes of this chapter, the following terms have the following meanings:(a) Account holder means a person who is a party to or a user of services provided under a contract for connected vehicle service with a covered provider, and includes, but is not limited to, a subscriber, customer, or registered user.(b) Connected vehicle location access is a type of connected vehicle service that allows a person who is outside of a vehicle, excluding a covered provider or vehicle cellular data provider, to view or track the location of the vehicle, including, but not limited to, a location determined by a Global Positioning System (GPS), whether through the internet, an app-based technology, or any other remote wireless connectivity technology.(c) Connected vehicle service means any capability provided by or on behalf of a vehicle manufacturer that enables a person, excluding a covered provider or vehicle cellular data provider, to remotely obtain data from, or send commands to, a vehicle, which may be accomplished through a software application that is designed to be operated on a mobile device.(d) Connected vehicle service account means an account or other means by which a person enrolls in or obtains access to a connected vehicle service.(e) Connected vehicle service request means a request by a driver to terminate a persons access to connected vehicle service.(f) Covered provider means a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service.
90104
91105
92106
93107 28200. Unless the context requires otherwise, for purposes of this chapter, the following terms have the following meanings:
94108
95109 (a) Account holder means a person who is a party to or a user of services provided under a contract for connected vehicle service with a covered provider, and includes, but is not limited to, a subscriber, customer, or registered user.
96110
97111 (b) Connected vehicle location access is a type of connected vehicle service that allows a person who is outside of a vehicle, excluding a covered provider or vehicle cellular data provider, to view or track the location of the vehicle, including, but not limited to, a location determined by a Global Positioning System (GPS), whether through the internet, an app-based technology, or any other remote wireless connectivity technology.
98112
99113 (c) Connected vehicle service means any capability provided by or on behalf of a vehicle manufacturer that enables a person, excluding a covered provider or vehicle cellular data provider, to remotely obtain data from, or send commands to, a vehicle, which may be accomplished through a software application that is designed to be operated on a mobile device.
100114
101115 (d) Connected vehicle service account means an account or other means by which a person enrolls in or obtains access to a connected vehicle service.
102116
103117 (e) Connected vehicle service request means a request by a driver to terminate a persons access to connected vehicle service.
104118
105119 (f) Covered provider means a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service.
106120
107121 28202. (a) A vehicle with connected vehicle service shall clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either of the following:(1) Connected vehicle service.(2) Connected vehicle location access.(b) This section shall become operative on January 1, 2028.
108122
109123
110124
111125 28202. (a) A vehicle with connected vehicle service shall clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either of the following:
112126
113127 (1) Connected vehicle service.
114128
115129 (2) Connected vehicle location access.
116130
117131 (b) This section shall become operative on January 1, 2028.
118132
119133 28204. The provisions of this chapter are severable. If any provision of this chapter 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.
120134
121135
122136
123137 28204. The provisions of this chapter are severable. If any provision of this chapter 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.
124138
125139 28206. (a) This article, except Section 28202, and Article 2 (commencing with Section 28220) shall become operative on July 1, 2025, and apply to vehicles that have connected vehicle service.(b) Article 3 (commencing with Section 28240) shall become operative as follows:(1) On January 1, 2028, for vehicles manufactured on or after January 1, 2028, that have connected vehicle location access.(2) On July 1, 2026, for vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates that provide for the functionality required by Article 3 (commencing with Section 28240).(c) This chapter does not apply to vehicles owned or operated by a rental company, as defined in Section 1939.01 of the Civil Code.
126140
127141
128142
129143 28206. (a) This article, except Section 28202, and Article 2 (commencing with Section 28220) shall become operative on July 1, 2025, and apply to vehicles that have connected vehicle service.
130144
131145 (b) Article 3 (commencing with Section 28240) shall become operative as follows:
132146
133147 (1) On January 1, 2028, for vehicles manufactured on or after January 1, 2028, that have connected vehicle location access.
134148
135149 (2) On July 1, 2026, for vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates that provide for the functionality required by Article 3 (commencing with Section 28240).
136150
137151 (c) This chapter does not apply to vehicles owned or operated by a rental company, as defined in Section 1939.01 of the Civil Code.
138152
139153 28210. A covered provider or any officer, director, employee, vendor, or agent of a covered provider shall not be subject to liability for any claims deriving from an action taken in compliance with this chapter.
140154
141155
142156
143157 28210. A covered provider or any officer, director, employee, vendor, or agent of a covered provider shall not be subject to liability for any claims deriving from an action taken in compliance with this chapter.
144158
145159 Article 2. Access to Connected Vehicle Service28220. (a) A covered provider shall provide a process that includes a prominent and clearly visible link entitled HOW TO DISCONNECT REMOTE VEHICLE ACCESS on its internet website to complete both of the following transactions:(1) Submit a connected vehicle service request.(2) Obtain a new connected vehicle service account.(b) A covered provider shall ensure that all communications provided pursuant to this article are clear, concise, and written in accessible language. It is imperative that drivers, particularly those who are abuse survivors, receive support and clear guidance throughout the process for submitting a connected vehicle service request or obtaining a new connected vehicle service account.28222. To enhance transparency and communication, the process to submit a connected vehicle service request or obtain a new connected vehicle service account shall be efficient, secure, user-friendly, and include all of the following features:(a) Upon submission of a connected vehicle service request or request to obtain a new connected vehicle service account, the covered provider shall automatically send a confirmation email to the driver, acknowledging the receipt of the request. This email shall contain a reference number for the request and an outline of the subsequent steps in the process.(b) Upon completing the review of the request, the covered provider shall inform the driver of the action taken, including, as applicable, whether a persons access to connected vehicle service has been terminated, or if additional information or proof of legal possession of the vehicle is needed. This alert shall clearly state any relevant details or further actions required from the driver to complete a successful connected vehicle service request.(c) If a connected vehicle service request is approved, the covered provider shall provide the driver with a clear explanation and guidance on how to create their own connected vehicle service account, if applicable, to ensure that the driver can maintain control over the connected vehicle service once another persons access to connected vehicle service has been terminated.28224. (a) A driver shall demonstrate to a covered provider the authority to terminate a persons access to connected vehicle service by providing both of the following:(1) The vehicle identification number.(2) Proof of legal possession of the vehicle, which may be a legal title to the vehicle, or a dissolution decree, temporary court order, or domestic violence restraining order that awards possession or exclusive use of the vehicle to the driver. A court order awarding sole possession or exclusive use of a vehicle shall take priority over a vehicle title showing joint ownership for purposes of this article.(b) A covered provider shall not require a driver to provide any proof of legal possession other than what is required in subdivision (a) to establish the authority to terminate a persons access to connected vehicle service.(c) A covered provider shall not require a driver to take any action to terminate a persons access to connected vehicle service other than what is set forth in this section, including, but not limited to, requiring any of the following:(1) Payment of a fee, penalty, or other charge to complete a connected vehicle service request.(2) Maintaining or extending the term of a connected vehicle service account.(3) Approval by any account holder, including, but not limited to, the named account holder, of the change in access.(4) An increase in the rate charged for the connected vehicle service.(d) A covered provider shall terminate a persons access to connected vehicle service within two business days after the date of receiving a completed request from a driver who meets the requirements of this section.28226. (a) If a covered provider terminated a persons access to connected vehicle service in response to a connected vehicle service request, the covered provider shall not provide to the person any data or information regarding the driver, the vehicle, or any new connected vehicle service account that was generated after that persons access to the connected vehicle service was terminated.(b) A covered provider shall ensure that all personal information provided during the process to terminate a persons access to connected vehicle service is handled with appropriate security and privacy, adhering to relevant data protection laws and regulations.(c) A covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a driver pursuant to this article as confidential and shall comply with applicable privacy laws.(d) A covered provider shall not share information submitted by a driver pursuant to this article with any third party without the affirmative consent of the driver, unless sharing that information is required to effectuate a connected vehicle service request.(e) Nothing in this section shall preclude a covered provider from responding to a court order or warrant.28228. The termination of connected vehicle service pursuant to this article shall not be deemed to impact legal ownership of a vehicle.
146160
147161 Article 2. Access to Connected Vehicle Service
148162
149163 Article 2. Access to Connected Vehicle Service
150164
151165 28220. (a) A covered provider shall provide a process that includes a prominent and clearly visible link entitled HOW TO DISCONNECT REMOTE VEHICLE ACCESS on its internet website to complete both of the following transactions:(1) Submit a connected vehicle service request.(2) Obtain a new connected vehicle service account.(b) A covered provider shall ensure that all communications provided pursuant to this article are clear, concise, and written in accessible language. It is imperative that drivers, particularly those who are abuse survivors, receive support and clear guidance throughout the process for submitting a connected vehicle service request or obtaining a new connected vehicle service account.
152166
153167
154168
155169 28220. (a) A covered provider shall provide a process that includes a prominent and clearly visible link entitled HOW TO DISCONNECT REMOTE VEHICLE ACCESS on its internet website to complete both of the following transactions:
156170
157171 (1) Submit a connected vehicle service request.
158172
159173 (2) Obtain a new connected vehicle service account.
160174
161175 (b) A covered provider shall ensure that all communications provided pursuant to this article are clear, concise, and written in accessible language. It is imperative that drivers, particularly those who are abuse survivors, receive support and clear guidance throughout the process for submitting a connected vehicle service request or obtaining a new connected vehicle service account.
162176
163177 28222. To enhance transparency and communication, the process to submit a connected vehicle service request or obtain a new connected vehicle service account shall be efficient, secure, user-friendly, and include all of the following features:(a) Upon submission of a connected vehicle service request or request to obtain a new connected vehicle service account, the covered provider shall automatically send a confirmation email to the driver, acknowledging the receipt of the request. This email shall contain a reference number for the request and an outline of the subsequent steps in the process.(b) Upon completing the review of the request, the covered provider shall inform the driver of the action taken, including, as applicable, whether a persons access to connected vehicle service has been terminated, or if additional information or proof of legal possession of the vehicle is needed. This alert shall clearly state any relevant details or further actions required from the driver to complete a successful connected vehicle service request.(c) If a connected vehicle service request is approved, the covered provider shall provide the driver with a clear explanation and guidance on how to create their own connected vehicle service account, if applicable, to ensure that the driver can maintain control over the connected vehicle service once another persons access to connected vehicle service has been terminated.
164178
165179
166180
167181 28222. To enhance transparency and communication, the process to submit a connected vehicle service request or obtain a new connected vehicle service account shall be efficient, secure, user-friendly, and include all of the following features:
168182
169183 (a) Upon submission of a connected vehicle service request or request to obtain a new connected vehicle service account, the covered provider shall automatically send a confirmation email to the driver, acknowledging the receipt of the request. This email shall contain a reference number for the request and an outline of the subsequent steps in the process.
170184
171185 (b) Upon completing the review of the request, the covered provider shall inform the driver of the action taken, including, as applicable, whether a persons access to connected vehicle service has been terminated, or if additional information or proof of legal possession of the vehicle is needed. This alert shall clearly state any relevant details or further actions required from the driver to complete a successful connected vehicle service request.
172186
173187 (c) If a connected vehicle service request is approved, the covered provider shall provide the driver with a clear explanation and guidance on how to create their own connected vehicle service account, if applicable, to ensure that the driver can maintain control over the connected vehicle service once another persons access to connected vehicle service has been terminated.
174188
175189 28224. (a) A driver shall demonstrate to a covered provider the authority to terminate a persons access to connected vehicle service by providing both of the following:(1) The vehicle identification number.(2) Proof of legal possession of the vehicle, which may be a legal title to the vehicle, or a dissolution decree, temporary court order, or domestic violence restraining order that awards possession or exclusive use of the vehicle to the driver. A court order awarding sole possession or exclusive use of a vehicle shall take priority over a vehicle title showing joint ownership for purposes of this article.(b) A covered provider shall not require a driver to provide any proof of legal possession other than what is required in subdivision (a) to establish the authority to terminate a persons access to connected vehicle service.(c) A covered provider shall not require a driver to take any action to terminate a persons access to connected vehicle service other than what is set forth in this section, including, but not limited to, requiring any of the following:(1) Payment of a fee, penalty, or other charge to complete a connected vehicle service request.(2) Maintaining or extending the term of a connected vehicle service account.(3) Approval by any account holder, including, but not limited to, the named account holder, of the change in access.(4) An increase in the rate charged for the connected vehicle service.(d) A covered provider shall terminate a persons access to connected vehicle service within two business days after the date of receiving a completed request from a driver who meets the requirements of this section.
176190
177191
178192
179193 28224. (a) A driver shall demonstrate to a covered provider the authority to terminate a persons access to connected vehicle service by providing both of the following:
180194
181195 (1) The vehicle identification number.
182196
183197 (2) Proof of legal possession of the vehicle, which may be a legal title to the vehicle, or a dissolution decree, temporary court order, or domestic violence restraining order that awards possession or exclusive use of the vehicle to the driver. A court order awarding sole possession or exclusive use of a vehicle shall take priority over a vehicle title showing joint ownership for purposes of this article.
184198
185199 (b) A covered provider shall not require a driver to provide any proof of legal possession other than what is required in subdivision (a) to establish the authority to terminate a persons access to connected vehicle service.
186200
187201 (c) A covered provider shall not require a driver to take any action to terminate a persons access to connected vehicle service other than what is set forth in this section, including, but not limited to, requiring any of the following:
188202
189203 (1) Payment of a fee, penalty, or other charge to complete a connected vehicle service request.
190204
191205 (2) Maintaining or extending the term of a connected vehicle service account.
192206
193207 (3) Approval by any account holder, including, but not limited to, the named account holder, of the change in access.
194208
195209 (4) An increase in the rate charged for the connected vehicle service.
196210
197211 (d) A covered provider shall terminate a persons access to connected vehicle service within two business days after the date of receiving a completed request from a driver who meets the requirements of this section.
198212
199213 28226. (a) If a covered provider terminated a persons access to connected vehicle service in response to a connected vehicle service request, the covered provider shall not provide to the person any data or information regarding the driver, the vehicle, or any new connected vehicle service account that was generated after that persons access to the connected vehicle service was terminated.(b) A covered provider shall ensure that all personal information provided during the process to terminate a persons access to connected vehicle service is handled with appropriate security and privacy, adhering to relevant data protection laws and regulations.(c) A covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a driver pursuant to this article as confidential and shall comply with applicable privacy laws.(d) A covered provider shall not share information submitted by a driver pursuant to this article with any third party without the affirmative consent of the driver, unless sharing that information is required to effectuate a connected vehicle service request.(e) Nothing in this section shall preclude a covered provider from responding to a court order or warrant.
200214
201215
202216
203217 28226. (a) If a covered provider terminated a persons access to connected vehicle service in response to a connected vehicle service request, the covered provider shall not provide to the person any data or information regarding the driver, the vehicle, or any new connected vehicle service account that was generated after that persons access to the connected vehicle service was terminated.
204218
205219 (b) A covered provider shall ensure that all personal information provided during the process to terminate a persons access to connected vehicle service is handled with appropriate security and privacy, adhering to relevant data protection laws and regulations.
206220
207221 (c) A covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a driver pursuant to this article as confidential and shall comply with applicable privacy laws.
208222
209223 (d) A covered provider shall not share information submitted by a driver pursuant to this article with any third party without the affirmative consent of the driver, unless sharing that information is required to effectuate a connected vehicle service request.
210224
211225 (e) Nothing in this section shall preclude a covered provider from responding to a court order or warrant.
212226
213227 28228. The termination of connected vehicle service pursuant to this article shall not be deemed to impact legal ownership of a vehicle.
214228
215229
216230
217231 28228. The termination of connected vehicle service pursuant to this article shall not be deemed to impact legal ownership of a vehicle.
218232
219233 Article 3. Disabling Connected Vehicle Location Access28240. If a vehicle includes connected vehicle location access, a covered provider shall provide a mechanism that can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access.28242. A mechanism for disabling connected vehicle location access shall meet all of the following requirements:(a) Be prominently located and easy to use.(b) Not require access to, or use of, a remote or online application.(c) (1) Not require account creation, a password, or login information.(2) A vehicle manufacturer may require a driver to input a mobile number associated with the connected vehicle service account. If a vehicle manufacturer requires a driver to input a mobile number in order to disable the connected vehicle location access connection, it shall not require any further information in order to allow the driver to disable the connection, including, but not limited to, using that number as part of a two-factor authentication process that results in sending a code to the mobile number.(d) Allow connected vehicle location access that has been disabled from inside the vehicle to be enabled only by a driver who is located inside the vehicle.28244. Disabling the connected vehicle location access from inside the vehicle shall not result in an account holder of the connected vehicle service, vehicle manufacturer, or a third-party service provider receiving any notification related to the connected vehicle location access being disabled, including, but not limited to, an alert, email, text, or telephone call.
220234
221235 Article 3. Disabling Connected Vehicle Location Access
222236
223237 Article 3. Disabling Connected Vehicle Location Access
224238
225239 28240. If a vehicle includes connected vehicle location access, a covered provider shall provide a mechanism that can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access.
226240
227241
228242
229243 28240. If a vehicle includes connected vehicle location access, a covered provider shall provide a mechanism that can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access.
230244
231245 28242. A mechanism for disabling connected vehicle location access shall meet all of the following requirements:(a) Be prominently located and easy to use.(b) Not require access to, or use of, a remote or online application.(c) (1) Not require account creation, a password, or login information.(2) A vehicle manufacturer may require a driver to input a mobile number associated with the connected vehicle service account. If a vehicle manufacturer requires a driver to input a mobile number in order to disable the connected vehicle location access connection, it shall not require any further information in order to allow the driver to disable the connection, including, but not limited to, using that number as part of a two-factor authentication process that results in sending a code to the mobile number.(d) Allow connected vehicle location access that has been disabled from inside the vehicle to be enabled only by a driver who is located inside the vehicle.
232246
233247
234248
235249 28242. A mechanism for disabling connected vehicle location access shall meet all of the following requirements:
236250
237251 (a) Be prominently located and easy to use.
238252
239253 (b) Not require access to, or use of, a remote or online application.
240254
241255 (c) (1) Not require account creation, a password, or login information.
242256
243257 (2) A vehicle manufacturer may require a driver to input a mobile number associated with the connected vehicle service account. If a vehicle manufacturer requires a driver to input a mobile number in order to disable the connected vehicle location access connection, it shall not require any further information in order to allow the driver to disable the connection, including, but not limited to, using that number as part of a two-factor authentication process that results in sending a code to the mobile number.
244258
245259 (d) Allow connected vehicle location access that has been disabled from inside the vehicle to be enabled only by a driver who is located inside the vehicle.
246260
247261 28244. Disabling the connected vehicle location access from inside the vehicle shall not result in an account holder of the connected vehicle service, vehicle manufacturer, or a third-party service provider receiving any notification related to the connected vehicle location access being disabled, including, but not limited to, an alert, email, text, or telephone call.
248262
249263
250264
251265 28244. Disabling the connected vehicle location access from inside the vehicle shall not result in an account holder of the connected vehicle service, vehicle manufacturer, or a third-party service provider receiving any notification related to the connected vehicle location access being disabled, including, but not limited to, an alert, email, text, or telephone call.
252266
253267 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
254268
255269 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
256270
257271 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
258272
259273 ### SEC. 3.