California 2017-2018 Regular Session Status: In Committee

AB 165 — Privacy: electronic communications: exclusions: local educational agencies.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Electronic Communications Privacy Act, prohibits a government entity, as defined, from compelling the production of, or access to, electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant to specified conditions, except for emergency situations, as defined. That law also specifies the conditions under which a government entity may access electronic device information by means of physical interaction or electronic communication with the device, such as pursuant to a search warrant, wiretap order, or consent of the owner of the device. This bill would additionally specify that a government entity may access electronic device information by means of physical interaction or electronic communication with the device where the owner or authorized possessor of the device is a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, and the government entity seeking access to the device is a local educational agency, as defined, or an individual authorized to act for or on behalf of a local educational agency seeking a pupil's electronic device information or a pupil's electronic communication information when investigating alleged or suspected pupil misconduct pursuant to specified provisions.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. Re-referred to Com. on P. & C.P.

  4. From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

  5. In committee: Set, first hearing. Hearing canceled at the request of author.

  6. Referred to Coms. on P. & C.P. and ED.

  7. From printer. May be heard in committee February 16.

  8. Read first time. To print.

Sponsors

  • Cooper · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Cooper

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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.

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Subjects

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Frequently asked questions

What does AB 165 do?
Existing law, the Electronic Communications Privacy Act, prohibits a government entity, as defined, from compelling the production of, or access to, electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant to specified conditions, except for emergency situations, as defined. That law also specifies the conditions under which a government entity may access electronic device information by means of physical interaction or electronic communication with the device, such as pursuant to a search warrant, wiretap order, or consent of the owner of the device. This bill would additionally specify that a government entity may access electronic device information by means of physical interaction or electronic communication with the device where the owner or authorized possessor of the device is a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, and the government entity seeking access to the device is a local educational agency, as defined, or an individual authorized to act for or on behalf of a local educational agency seeking a pupil's electronic device information or a pupil's electronic communication information when investigating alleged or suspected pupil misconduct pursuant to specified provisions.
Who sponsors AB 165?
AB 165 is sponsored by Cooper.
What is the current status of AB 165?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 165?
Track AB 165 free on One Click Politics — get push/email alerts when it moves.

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