BILL NUMBER: SB 1116	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Alquist

                        JANUARY 23, 2008

   An act to amend Section 13848.6 of the Penal Code, relating to
crime.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1116, as introduced, Alquist. Crimes.
   Existing law establishes the High Technology Crime Advisory
Committee, composed of members representing various governmental
agencies and professional organizations, for the purpose of
formulating a comprehensive written strategy for addressing high
technology crime and advising on the appropriate disbursement of
funds from the High Technology Theft Apprehension and Prosecution
Program Trust Fund to regional task forces. Existing law requires one
of the appointed members of the committee to be a representative of
the Office of Privacy Protection.
   This bill would instead require that committee member to be a
representative of the Office of Information Security and Privacy
Protection. The bill would also add an additional member to the
committee, who would be a representative of the State Chief
Information Officer.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13848.6 of the Penal Code is amended to read:
   13848.6.  (a) The High Technology Crime Advisory Committee is
hereby established for the purpose of formulating a comprehensive
written strategy for addressing high technology crime throughout the
state, with the exception of crimes that occur on state property or
are committed against state employees, and to advise the agency or
agencies designated by the Director of Finance pursuant to Section
13820 on the appropriate disbursement of funds to regional task
forces.
   (b) This strategy shall be designed to be implemented through
regional task forces. In formulating that strategy, the committee
shall identify various priorities for law enforcement attention,
including the following goals:
   (1) To apprehend and prosecute criminal organizations, networks,
and groups of individuals engaged in the following activities:
   (A) Theft of computer components and other high technology
products.
   (B) Violations of Penal Code Sections 211, 350, 351a, 459, 496,
537e, 593d, and 593e.
   (C) Theft of telecommunications services and other violations of
Penal Code Sections 502.7 and 502.8.
   (D) Counterfeiting of negotiable instruments and other valuable
items through the use of computer technology.
   (E) Creation and distribution of counterfeit software and other
digital information, including the use of counterfeit trademarks to
misrepresent the origin of that software or digital information.
   (2) To apprehend and prosecute individuals and groups engaged in
the unlawful access, destruction, or unauthorized entry into and use
of private, corporate, or government computers and networks,
including wireless and wire line communications networks and law
enforcement dispatch systems, and the theft, interception,
manipulation, destruction, and unauthorized disclosure of data stored
within those computers.
   (3) To apprehend and prosecute individuals and groups engaged in
the theft of trade secrets.
   (4) To investigate and prosecute high technology crime cases
requiring coordination and cooperation between regional task forces
and local, state, federal, and international law enforcement
agencies.
   (c) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall appoint the
following members to the committee:
   (1) A designee of the California District Attorneys Association.
   (2) A designee of the California State Sheriffs Association.
   (3) A designee of the California Police Chiefs Association.
   (4) A designee of the Attorney General.
   (5) A designee of the California Highway Patrol.
   (6) A designee of the High Technology Crime Investigation
Association.
   (7) A designee of the agency or agencies designated by the
Director of Finance pursuant to Section 13820.
   (8) A designee of the American Electronic Association to represent
California computer system manufacturers.
   (9) A designee of the American Electronic Association to represent
California computer software producers.
   (10) A designee of the California Cellular Carriers Association.
   (11) A representative of the California Internet industry.
   (12) A designee of the Semiconductor Equipment and Materials
International.
   (13) A designee of the California Cable Television Association.
   (14) A designee of the Motion Picture Association of America.
   (15) A designee of either the California Telephone Association or
the California Association of Competitive Telecommunication
Companies. This position shall rotate every other year between
designees of the two associations.
   (16) A representative of the California banking industry.
   (17) A representative of the Office of  Information Security
and  Privacy Protection.
   (18) A representative of the Department of Finance. 
   (19) A representative of the State Chief Information Officer.

   (d) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall designate
the Chair of the High Technology Crime Advisory Committee from the
appointed members.
   (e) The advisory committee shall not be required to meet more than
12 times per year. The advisory committee may create subcommittees
of its own membership, and each subcommittee shall meet as often as
the subcommittee members find necessary. It is the intent of the
Legislature that all advisory committee members shall actively
participate in all advisory committee deliberations required by this
chapter.
   Any member who, without advance notice to the executive director
and without designating an alternative representative, misses three
scheduled meetings in any calendar year for any reason other than
severe temporary illness or injury (as determined by the Executive
Director of the agency or agencies designated by the Director of
Finance pursuant to Section 13820) shall automatically be removed
from the advisory committee. If a member wishes to send an
alternative representative in his or her place, advance written
notification of this substitution shall be presented to the executive
director. This notification shall be required for each meeting the
appointed member elects not to attend.
   Members of the advisory committee shall receive no compensation
for their services, but shall be reimbursed for travel and per diem
expenses incurred as a result of attending meetings sponsored by the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 under this chapter.
   (f) The executive director, in consultation with the High
Technology Crime Advisory Committee, shall develop specific
guidelines and administrative procedures for the selection of
projects to be funded by the High Technology Theft Apprehension and
Prosecution Program, which guidelines shall include the following
selection criteria:
   (1) Each regional task force that seeks funds shall submit a
written application to the committee setting forth in detail the
proposed use of the funds.
   (2) In order to qualify for the receipt of funds, each proposed
regional task force submitting an application shall provide written
evidence that the agency meets either of the following conditions:
   (A) The regional task force devoted to the investigation and
prosecution of high technology-related crimes is comprised of local
law enforcement and prosecutors, and has been in existence for at
least one year prior to the application date.
   (B) At least one member of the task force has at least three years
of experience in investigating or prosecuting cases of suspected
high technology crime.
   (3) Each regional task force shall be identified by a name that is
appropriate to the area that it serves. In order to qualify for
funds, a regional task force shall be comprised of local law
enforcement and prosecutors from at least two counties. At the time
of funding, the proposed task force shall also have at least one
investigator assigned to it from a state law enforcement agency. Each
task force shall be directed by a local steering committee composed
of representatives of participating agencies and members of the local
high technology industry.
   (4) The California High Technology Crimes Task Force shall be
comprised of each regional task force developed pursuant to this
subdivision.
   (5) Additional criteria that shall be considered by the advisory
committee in awarding grant funds shall include, but not be limited
to, the following:
   (A) The number of high technology crime cases filed in the prior
year.
   (B) The number of high technology crime cases investigated in the
prior year.
   (C) The number of victims involved in the cases filed.
   (D) The total aggregate monetary loss suffered by the victims,
including individuals, associations, institutions, or corporations,
as a result of the high technology crime cases filed, and those under
active investigation by that task force.
   (6) Each regional task force that has been awarded funds
authorized under the High Technology Theft Apprehension and
Prosecution Program during the previous grant-funding cycle, upon
reapplication for funds to the committee in each successive year,
shall be required to submit a detailed accounting of funds received
and expended in the prior year in addition to any information
required by this section. The accounting shall include all of the
following information:
   (A) The amount of funds received and expended.
   (B) The use to which those funds were put, including payment of
salaries and expenses, purchase of equipment and supplies, and other
expenditures by type.
   (C) The number of filed complaints, investigations, arrests, and
convictions that resulted from the expenditure of the funds.
   (g) The committee shall annually review the effectiveness of the
California High Technology Crimes Task Force in deterring,
investigating, and prosecuting high technology crimes and provide its
findings in a report to the Legislature and the Governor. This
report shall be based on information provided by the regional task
forces in an annual report to the committee which shall detail the
following:
   (1) Facts based upon, but not limited to, the following:
   (A) The number of high technology crime cases filed in the prior
year.
   (B) The number of high technology crime cases investigated in the
prior year.
   (C) The number of victims involved in the cases filed.
   (D) The number of convictions obtained in the prior year.
   (E) The total aggregate monetary loss suffered by the victims,
including individuals, associations, institutions, corporations, and
other relevant public entities, according to the number of cases
filed, investigations, prosecutions, and convictions obtained.
   (2) An accounting of funds received and expended in the prior
year, which shall include all of the following:
   (A) The amount of funds received and expended.
   (B) The uses to which those funds were put, including payment of
salaries and expenses, purchase of supplies, and other expenditures
of funds.
   (C) Any other relevant information requested.