Two bills pertaining to crime and the internet, both co-sponsored by San Diego County District Attorney Summer Stephan, have been introduced in the State Assembly.
The bills, presented at separate news conferences in San Diego Friday, have passed through the Assembly’s Public Safety Committee.
Assembly Bill 237 would amend the law to close a loophole regarding threats made toward schools, medical facilities, places of worship and other key facilities.
On Friday, AB 237’s co-sponsors – Stephan, Assembly member Darshana Patel, the California District Attorney Association, the California Police Chiefs Association — announced the bill to the public.
According to Patel, while the proposal was prompted after threats of a mass shooting at Shoal Creek Elementary School were made in December 2023, she believes it could benefit the entire state.
Current law interprets threats as illegal only if they are credible and targeted at a specific individual. Proponents of the bill said this allows threats toward institutions to go unchecked – especially those made online, as in the case of Shoal Creek.
“Threats to institutions disrupt our daily lives and erode public trust,” said Patel, D-San Diego. “While the threats at Shoal Creek Elementary prompted this legislation, we see the need for it statewide. By holding those who make threats accountable, this bill takes a critical step toward protecting the people inside crucial community facilities, those who visit, and everyone who relies on their services.”
Later in the day, Stephan joined Assembly member David Alvarez to discuss AB 385 – Technology Reform for Access to Crime Evidence.
The bill targets law enforcement’s ability to access information on electronic devices, permitting authorities to search them without a warrant in two special instances.
TRACE will incorporate two clauses to the California Electronic Communications Privacy Act that ensure investigators can access devices when they are found on deceased bodies for the purpose of identifying causes of death or next of kin.
The other instance is when an individual finds a device on their residence or property with a reasonable belief that the device has been used to track or record the individual without permission.
According to Alvarez, D-Chula Vista, allowing investigators to search devices in the latter case will make it more efficient to obtain digital evidence in cases of stalking and abuse.
“Far too often, victims of stalking and domestic violence are left vulnerable while awaiting authorization to access evidence that could help identify and apprehend their perpetrators,” Alvarez said. “By streamlining this process, we are ensuring that victims have the ability to provide law enforcement the tools to protect them, investigate the crime committed against them, and bring offenders to justice.”
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