Today's Law As Amended

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AB-2468 Search warrants: privacy.(2013-2014)



SECTION 1.

 Section 1524.8 is added to the Penal Code, to read:

1524.8.
 (a) It is the policy of the state to refuse to provide material support, participation, or assistance to a federal agency, or pursuant to a federal law, rule, regulation, or order, that purports to authorize the collection of electronic data or metadata of a person pursuant to an action not based on a warrant that is issued upon probable cause and that particularly describes the persons, places, and things to be searched or seized.
(b) Notwithstanding any law, rule, regulation, or order, a state agency, political subdivision of the state, or officer or employee thereof acting in his or her official capacity, or corporation providing services on behalf of the state or a political subdivision of the state shall not do any of the following:
(1) Provide, in any form, material support, participation, or assistance to a federal agency, or pursuant to a federal law, rule, regulation, or order, that purports to authorize the collection of electronic data or metadata of a person pursuant to an action not based on a warrant that is issued upon probable cause and that particularly describes the persons, places, and things to be searched or seized.
(2) Utilize any assets, state funds, or funds allocated by the state to local entities on or after January 1, 2015, in whole or in part, to engage in an activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the collection of electronic data or metadata of a person pursuant to an action not based on a warrant that is issued upon probable cause and that particularly describes the persons, places, and things to be searched or seized.
(3) Provide services, or participate or assist in any way in providing services, to a federal agency, federal agent, or corporation providing services to the federal government that is involved in the collection of electronic data or metadata of any person pursuant to an action not based on a warrant that is issued upon probable cause and that particularly describes the persons, places, and things to be searched or seized.
(4) Use in a criminal investigation or prosecution any information provided by a federal agency, federal agent, or corporation providing services to the federal government that was obtained through the collection of electronic data or metadata of any person pursuant to an action not based on a warrant that is issued upon probable cause and that particularly describes the persons, places, and things to be searched or seized.
(c) The Attorney General may bring an action in court to enforce this section.
(d) (1) (A) State grant funds shall be withheld from a political subdivision of the state that adopts an ordinance, resolution, or policy in violation of subdivision (b) during the first full fiscal year immediately following the year in which a final judicial determination is made that the political subdivision has violated subdivision (b) in an action brought under this section.
(B) For purposes of this paragraph, “state grant funds” means funds that are awarded to a political subdivision of the state pursuant to a state grant program.
(2) An officer or employee of the state or a political subdivision of the state who is found to have violated subdivision (b) in a final judicial determination shall be deemed to have resigned from his or her office or employment, and he or she shall thereafter be ineligible to serve in any public office or public employment within this state.
(3) A corporation providing services on behalf of the state or a political subdivision of the state that is found to have violated subdivision (b) in a final judicial determination shall be ineligible to provide services on behalf of, or provide services to, the state or a political subdivision of the state.
SEC. 2.
 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.