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CA AB358

CA AB358
Criminal procedure: privacy.


summary

Introduced
01/30/2025
In Committee
07/07/2025
Crossed Over
05/15/2025
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

An act to amend Sections 1546.1 and 1546.4 of the Penal Code, relating to criminal procedure.

AI Summary

This bill amends California's Electronic Communications Privacy Act to provide additional protections for individuals' electronic device and communication information. Specifically, the bill expands the circumstances under which government entities can access electronic device information by allowing access when an individual who finds a tracking or surveillance device gives specific consent, provided the device is reasonably believed to have been used to track or record the person without their permission. If a government entity obtains information through this method, it must file a court application within three court days explaining the circumstances. The bill also modifies existing law to give individuals and service providers broader rights to petition a court to void or modify warrants, orders, requests, or demands for electronic information if they believe the access is inconsistent with state or federal constitutional protections. Additionally, the bill clarifies procedures for emergency access to electronic information, including requiring immediate destruction of obtained information if the emergency circumstances are not found to be valid. These changes aim to enhance privacy protections and provide more oversight of government access to electronic device and communication information.

Committee Categories

Budget and Finance, Business and Industry, Justice

Sponsors (2)

Last Action

In committee: Held under submission. (on 08/29/2025)

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