California 2013-2014 Regular Session Status: Enacted

AB 1649 — Computer crimes.

Last action — Chaptered by Secretary of State - Chapter 379, Statutes of 2014.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 11, 2014. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law makes it a crime to knowingly and without permission disrupt or cause the disruption of computer services or deny or cause the denial of computer services to an authorized user of a computer, computer system, or computer network. Existing law makes a violation of this provision punishable by a fine not exceeding $10,000, or by imprisonment in a county jail for 16 months, or 2 or 3 years, or by both that fine and imprisonment, or by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. This bill would make it a crime for a person to knowingly and without permission disrupt or cause the disruption of government computer services or public safety infrastructure computer system computer services, as defined, or deny or cause the denial of government computer services or public safety infrastructure computer system computer services to an authorized user. The bill would make a violation of these provisions punishable in the same manner as the above provisions of existing law. (2) Existing law makes it a crime to knowingly access and without permission add, alter, damage, delete, or destroy any data, computer software, or computer program which resides or exists internal or external to a computer, computer system, or computer network. Existing law makes a violation of this provision punishable by a fine not exceeding $10,000, or by imprisonment in a county jail for 16 months, or 2 or 3 years, or by both that fine and imprisonment, or by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. This bill would make it a crime for a person to knowingly access and without permission add, alter, delete, or destroy any data, computer software, or computer programs which reside or exist internal or external to a public safety infrastructure computer system computer, computer system, or computer network. The bill would make a violation of these provisions punishable in the same manner as the above provisions of existing law. (3) Existing law makes it a crime to knowingly and without permission provide or assist in providing a means of accessing a computer, computer system, or computer network in violation of law. Existing law makes a violation this provision punishable by a fine not exceeding $1,000 for a first violation that does not result in injury, by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment for a violation that results in a victim expenditure in an amount not greater than $5,000, or for a 2nd or subsequent violation, and by a fine not exceeding $10,000, or by imprisonment in a county jail for 16 months, or 2 or 3 years, or by both that fine and imprisonment, or by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for a violation that results in a victim expenditure in an amount greater than $5,000. The bill would make it a crime for any person to knowingly and without permission provide or assist in providing a means of accessing a public safety infrastructure computer system computer, computer system, or computer network. The bill would make a violation of these provisions punishable in the same manner as the above provisions of existing law. (4) Existing law makes it a crime to knowingly introduce a computer contaminant into any computer, computer system, or computer network. Existing law makes a violation of this provision punishable by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for a first violation that does not result in injury, and by a fine not exceeding $10,000, or by imprisonment in a county jail not exceeding one year, or by imprisonment in a county jail for 16 months, 2 or 3 years, or by both that fine and imprisonment for a violation that results in injury, or for a 2nd or subsequent violation. This bill would make it a crime for any person to knowingly introduce any computer contaminant into any public safety infrastructure computer system computer, computer system, or computer network. The bill would make a violation of these provisions punishable in the same manner as the above provisions of existing law. (5) Existing law makes it a crime to knowingly and without permission use the Internet domain name of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages, and to thereby damage a computer, computer system, or computer network. Existing law makes a violation of these provisions punishable by a fine of $1,000 for a first violation that does not cause injury, and by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $5,000, or by both that fine and imprisonment, for a violation that results in injury or for a 2nd or subsequent offense. This bill would revise this crime to apply to any person who knowingly and without permission uses the Internet domain name or profile, as defined, of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages or posts and thereby causes damage. The bill would define electronic mail for these purposes. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would also revise the definitions of "access," "computer network," and "computer services" for purposes of these provisions. (6) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 379, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4550.).

  6. Read second time. Ordered to third reading.

  7. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 10). Re-referred to Com. on APPR.

  9. Referred to Com. on PUB. S.

  10. In Senate. Read first time. To Com. on RLS. for assignment.

  11. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4758.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 17. Noes 0.) (April 30).

  14. Re-referred to Com. on APPR.

  15. Read second time and amended.

  16. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 25).

  17. Referred to Com. on PUB. S.

  18. From printer. May be heard in committee March 14.

  19. Read first time. To print.

Sponsors

  • Waldron · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Waldron

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB1649 Waldron By Knight

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 2001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Hernandez — Yea
Knight — Yea
Lieu — Yea
Nielsen — Yea
Steinberg — Yea
Wolk — Yea
Correa — Yea
Evans — Yea
Wright — Not Voting
Wyland — Yea
Cannella — Yea
Fuller — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Hancock — Not Voting
Corbett — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Beall — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Morrell — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Vidak — Yea
Walters — Yea
DeSaulnier — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1649 WALDRON Assembly Third Reading

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 69003
Democratic 4000
Republican 3000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Jones-Sawyer — Yea
Linder — Yea
Logue — Not Voting
Maienschein — Yea
Mansoor — Not Voting
Medina — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Skinner — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Cooley — Yea
Gomez — Yea
Gorell — Yea
Allen — Yea
Lowenthal — Yea
Hagman — Yea
Garcia — Yea
Hall — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Bonilla — Yea
Harkey — Yea
Bigelow — Yea
Dababneh — Yea
Daly — Yea
Eggman — Yea
Olsen — Yea
Pan — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Waldron — Yea
Bocanegra — Yea
Gatto — Yea
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Campos — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Donnelly — Yea
Melendez — Not Voting
Mullin — Yea
Nestande — Yea
Perea — Yea
Wieckowski — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gordon — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Republican 1000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Holden — Yea
Ridley-Thomas — Yea
Wagner — Yea
Gomez — Yea
Bocanegra — Yea
Linder — Yea
Campos — Yea
Eggman — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Donnelly — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1649 do?
(1) Existing law makes it a crime to knowingly and without permission disrupt or cause the disruption of computer services or deny or cause the denial of computer services to an authorized user of a computer, computer system, or computer network. Existing law makes a violation of this provision punishable by a fine not exceeding $10,000, or by imprisonment in a county jail for 16 months, or 2 or 3 years, or by both that fine and imprisonment, or by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. This bill would make it a crime for a person to knowingly and without permission disrupt or cause the disruption of government computer services or public safety infrastructure computer system computer services, as defined, or deny or cause the denial of government computer services or public safety infrastructure computer system computer services to an authorized user. The bill would make a violation of these provisions punishable in the same manner as the above provisions of existing law. (2) Existing law makes it a crime to knowingly access and without permission add, alter, damage, delete, or destroy any data, computer software, or computer program which resides or exists internal or external to a computer, computer system, or computer network. Existing law makes a violation of this provision punishable by a fine not exceeding $10,000, or by imprisonment in a county jail for 16 months, or 2 or 3 years, or by both that fine and imprisonment, or by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. This bill would make it a crime for a person to knowingly access and without permission add, alter, delete, or destroy any data, computer software, or computer programs which reside or exist internal or external to a public safety infrastructure computer system computer, computer system, or computer network. The bill would make a violation of these provisions punishable in the same manner as the above provisions of existing law. (3) Existing law makes it a crime to knowingly and without permission provide or assist in providing a means of accessing a computer, computer system, or computer network in violation of law. Existing law makes a violation this provision punishable by a fine not exceeding $1,000 for a first violation that does not result in injury, by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment for a violation that results in a victim expenditure in an amount not greater than $5,000, or for a 2nd or subsequent violation, and by a fine not exceeding $10,000, or by imprisonment in a county jail for 16 months, or 2 or 3 years, or by both that fine and imprisonment, or by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for a violation that results in a victim expenditure in an amount greater than $5,000. The bill would make it a crime for any person to knowingly and without permission provide or assist in providing a means of accessing a public safety infrastructure computer system computer, computer system, or computer network. The bill would make a violation of these provisions punishable in the same manner as the above provisions of existing law. (4) Existing law makes it a crime to knowingly introduce a computer contaminant into any computer, computer system, or computer network. Existing law makes a violation of this provision punishable by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for a first violation that does not result in injury, and by a fine not exceeding $10,000, or by imprisonment in a county jail not exceeding one year, or by imprisonment in a county jail for 16 months, 2 or 3 years, or by both that fine and imprisonment for a violation that results in injury, or for a 2nd or subsequent violation. This bill would make it a crime for any person to knowingly introduce any computer contaminant into any public safety infrastructure computer system computer, computer system, or computer network. The bill would make a violation of these provisions punishable in the same manner as the above provisions of existing law. (5) Existing law makes it a crime to knowingly and without permission use the Internet domain name of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages, and to thereby damage a computer, computer system, or computer network. Existing law makes a violation of these provisions punishable by a fine of $1,000 for a first violation that does not cause injury, and by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $5,000, or by both that fine and imprisonment, for a violation that results in injury or for a 2nd or subsequent offense. This bill would revise this crime to apply to any person who knowingly and without permission uses the Internet domain name or profile, as defined, of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages or posts and thereby causes damage. The bill would define electronic mail for these purposes. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would also revise the definitions of "access," "computer network," and "computer services" for purposes of these provisions. (6) 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.
Who sponsors AB 1649?
AB 1649 is sponsored by Waldron.
What is the current status of AB 1649?
This bill has been enacted into law. Introduced February 11, 2014. Enacted.
Where can I track AB 1649?
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