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AB-1555 Police radio communications: encryption.(2019-2020)

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Date Published: 03/28/2019 09:00 PM
AB1555:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1555

Introduced by Assembly Member Gloria

February 22, 2019

An act to amend Section 15165 of the Government Code, relating to the California Law Enforcement Telecommunications System. add Chapter 1.6 (commencing with Section 6095) to Division 7 of Title 1 of the Government Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


AB 1555, as amended, Gloria. California Law Enforcement Telecommunications System. Police radio communications: encryption.
Existing law authorizes specified law enforcement agencies to close an area that is a menace to the public health or safety due to a calamity including a flood, storm, fire, earthquake, explosion, accident, avalanche, or other disaster to any and all persons not authorized to enter or remain within the enclosed area. Existing law provides an exception for a duly authorized representative of any news service, newspaper, or radio or television station or network.
This bill would require a law enforcement agency that operates encrypted police radio communications, or a joint powers authority that operates encrypted police radio communications on behalf of a law enforcement agency, to provide access to the encrypted communications to a duly authorized representative of any news service, newspaper, or radio or television station or network, upon request. By imposing new duties on local law enforcement agencies, the bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the Department of Justice to maintain a statewide telecommunications system of communication, known as the California Law Enforcement Telecommunications System, for the use of law enforcement agencies for the official business of the state, and the official business of any city, county, city and county, or other public agency. Existing law requires the system to be under the direction of the Attorney General and requires the Attorney General to appoint an advisory committee to advise and assist in the management of the system with respect to the operating policies, service evaluations, and system discipline. Existing law requires any subscriber to the system to file with the Attorney General an agreement to conform to the operating policies, practices, and procedures approved by the committee under penalty of suspension of service or other appropriate discipline by the committee.

This bill would make nonsubstantive changes to that latter provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 1.6 (commencing with Section 6095) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER  1.6. Police Radio Communications

6095.
 (a) A law enforcement agency that operates encrypted police radio communications, or a joint powers authority that operates encrypted police radio communications on behalf of a law enforcement agency, shall, upon request, provide access to the encrypted communications to a duly authorized representative of any news service, newspaper, or radio or television station or network.
(b) For purposes of this section, a “law enforcement agency” includes all of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or a community college.
(2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(5) The Department of the California Highway Patrol.
(6) The Department of Justice.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 15165 of the Government Code is amended to read:
15165.

Every subscriber to the system shall file with the Attorney General an agreement to conform to the operating policies, practices and procedures approved by the committee under penalty of suspension of service or any other appropriate discipline by the committee.