AB1700:v96#DOCUMENTBill Start
Assembly Bill
No. 1700
CHAPTER 855
An act to add Chapter 35 (commencing with Section 7599.110) to Division 7 of Title 1 of the Government Code, relating to theft.
[
Approved by
Governor
September 30, 2022.
Filed with
Secretary of State
September 30, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1700, Maienschein.
Theft: online marketplaces: reporting.
Existing law requires a marketplace, as defined, to ensure that its terms and conditions regarding commercial relationships with marketplace sellers meet certain criteria, including that they are drafted in plain and intelligible language.
Existing law, until January 1, 2026, makes a person guilty of organized retail theft if the person acted in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, as specified. Existing law requires the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes and assist local law enforcement with resources, such as personnel and
equipment.
This bill would require the Attorney General to establish a reporting location on its internet website for individuals to report items found on online marketplaces, as defined, that they suspect are stolen goods, and would require the Attorney General to provide that information to the applicable local law enforcement agency and regional property crimes task force. The bill would additionally require online marketplaces to display on their electronically based or accessed platform a link to the Attorney General’s online marketplace suspected stolen goods reporting location.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 35 (commencing with Section 7599.110) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER
35. Online Marketplace Suspected Stolen Goods Act
7599.110.
This chapter shall be known as the Online Marketplace Suspected Stolen Goods Act. 7599.111.
For purposes of this chapter, the following shall apply:(a) “Online marketplace” means any electronically based or accessed platform that may be accessed on an internet website or through an application, and that does both of the following:
(1) Includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the state.
(2) Hosts one or more third-party sellers.
(b) “Regional property crimes task force” means a task force convened pursuant to Chapter 13 (commencing with Section 13899) of Title 6 of Part 4 of the Penal Code.
(c) “Third-party seller” means any individual or business entity, independent of an operator, facilitator, or owner of an online marketplace, who sells, offers to sell, or contracts to sell a product in the state through an online marketplace.
7599.112.
(a) By January 1, 2023, the Attorney General shall establish an online marketplace suspected stolen goods reporting location on its internet website for individuals to report items found on online marketplaces that they suspect are stolen goods.(b) The Attorney General shall provide information reported in subdivision (a) to the applicable local law enforcement agencies and regional property crimes task force.
7599.113.
(a) Beginning February 1, 2023, an online marketplace shall display on its electronically based or accessed platform a link to the online marketplace suspected stolen goods reporting location on the Attorney General’s internet website established in Section 7599.112.(b) The display shall be clearly, conspicuously, and reasonably designed to be seen by all users of the platform.