California 2015-2016 Regular Session Status: Enacted

SB 741 — Mobile communications: privacy.

Last action — Chaptered by Secretary of State. Chapter 659, Statutes of 2015.

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

This bill has been enacted into law. Introduced February 27, 2015. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 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

Existing law makes it a crime to manufacture, assemble, sell, advertise for sale, possess, transport, import, or furnish to another a device that is primarily or exclusively designed or intended for eavesdropping upon the communication of another, or any device that is primarily or exclusively designed or intended for the unauthorized interception of reception of communications between a cellular radio telephone, as defined, and a landline telephone or other cellular radio telephone. Existing law additionally makes it a crime to purchase, sell, offer to purchase or sell, or conspire to purchase or sell, any telephone calling pattern record or list, without the written consent of the subscriber, or to procure, obtain, attempt to obtain, or conspire to obtain, any calling pattern record or list through fraud or deceit. Existing law contains certain exemptions from these crimes for law enforcement agencies. This bill would require every local agency that operates cellular communications interception technology, as defined, to maintain reasonable operational, administrative, technical, and physical safeguards to protect information gathered through use of the technology from unauthorized access, destruction, use, modification, or disclosure and implement a usage and privacy policy, as specified, to ensure that the collection, use, maintenance, sharing, and dissemination of information gathered through use of the technology complies with applicable law and is consistent with respect for an individual's privacy and civil liberties. The bill would, except as provided, prohibit a local agency from acquiring cellular communications interception technology unless that acquisition is approved by a resolution or ordinance adopted by its legislative body at a regularly scheduled public meeting of the legislative body held pursuant to a specified open meetings law. The bill would require that the resolution or ordinance set forth the policies of the local agency. The bill would require that the local agency make the usage and privacy policy available in writing to the public and if the local agency maintains an Internet Web site, to conspicuously post the usage and privacy policies on that site. The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused that violation.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 659, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2446.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 79. Noes 0. Page 2780.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 9. Noes 0.) (July 15).

  12. Read second time and amended. Re-referred to Com. on L. GOV.

  13. From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 11. Noes 0.) (June 23).

  14. Referred to Coms. on P. & C.P. and L. GOV.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 39. Noes 0. Page 1063.) Ordered to the Assembly.

  17. Read second time and amended. Ordered to third reading.

  18. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 984.) (May 12).

  19. Set for hearing May 12.

  20. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 619.) (April 15). Re-referred to Com. on JUD.

  21. Set for hearing April 15.

  22. Referred to Coms. on GOV. & F. and JUD.

  23. Read first time.

  24. From printer. May be acted upon on or after April 1.

  25. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Anderson · Cosponsor
  • Hill · Primary
  • Leno · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Hill

Co-sponsors (2)

  • Anderson
  • Leno

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Unfinished Business SB741 Hill Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Hertzberg — Yea
Hill — Yea
Leyva — Yea
Fuller — Yea
Glazer — Yea
Cannella — Yea
Galgiani — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hall — Yea
Hernandez — Yea
Block — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

SB 741 Hill Senate Third Reading By GATTO

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Kim — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Chu — Yea
Cooper — Yea
Chau — Yea
Salas — Yea
Linder — Yea
Low — Yea
Mayes — Yea
O'Donnell — Yea
Rendon — Yea
Weber — Yea
Williams — Yea
Eggman — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Burke — Yea
Holden — Yea
Jones-Sawyer — Yea
Gray — Yea
Levine — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Bigelow — Yea
Chang — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Wilk — Yea
Wood — Yea
Frazier — Yea
Hadley — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Alejo — Yea
Low — Yea
Maienschein — Yea
Chiu — Yea
Gonzalez — Yea
Cooley — Yea
Linder — Yea
Mullin — Yea
Waldron — Yea

Official roll call →

3rd Reading

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hill — Yea
Leno — Yea
Morrell — Yea
Vidak — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Allen — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hernandez — Yea
Hertzberg — Yea
Bates — Yea
Lara — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Wolk — Yea
Hancock — Yea
Beall — Yea
Hueso — Yea
Huff — Yea
Leyva — Yea
Monning — Yea
Roth — Yea
Hall — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Anderson — Yea
Moorlach — Yea
Hertzberg — Yea
Leno — Yea
Monning — Yea
Wieckowski — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

Subjects

civil-rights 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 SB 741 do?
Existing law makes it a crime to manufacture, assemble, sell, advertise for sale, possess, transport, import, or furnish to another a device that is primarily or exclusively designed or intended for eavesdropping upon the communication of another, or any device that is primarily or exclusively designed or intended for the unauthorized interception of reception of communications between a cellular radio telephone, as defined, and a landline telephone or other cellular radio telephone. Existing law additionally makes it a crime to purchase, sell, offer to purchase or sell, or conspire to purchase or sell, any telephone calling pattern record or list, without the written consent of the subscriber, or to procure, obtain, attempt to obtain, or conspire to obtain, any calling pattern record or list through fraud or deceit. Existing law contains certain exemptions from these crimes for law enforcement agencies. This bill would require every local agency that operates cellular communications interception technology, as defined, to maintain reasonable operational, administrative, technical, and physical safeguards to protect information gathered through use of the technology from unauthorized access, destruction, use, modification, or disclosure and implement a usage and privacy policy, as specified, to ensure that the collection, use, maintenance, sharing, and dissemination of information gathered through use of the technology complies with applicable law and is consistent with respect for an individual's privacy and civil liberties. The bill would, except as provided, prohibit a local agency from acquiring cellular communications interception technology unless that acquisition is approved by a resolution or ordinance adopted by its legislative body at a regularly scheduled public meeting of the legislative body held pursuant to a specified open meetings law. The bill would require that the resolution or ordinance set forth the policies of the local agency. The bill would require that the local agency make the usage and privacy policy available in writing to the public and if the local agency maintains an Internet Web site, to conspicuously post the usage and privacy policies on that site. The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused that violation.
Who sponsors SB 741?
SB 741 is sponsored by Anderson, Hill, and Leno.
What is the current status of SB 741?
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Where can I track SB 741?
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Last checked for changes 3 months ago · updated continuously

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