Legislation

SACRAMENTO -- Attorney General Kamala D. Harris today issued a statement applauding Governor Jerry Brown’s signature of Senate Bill 676 (Cannella, R-Ceres), which she sponsored.

“Cyber exploitation is an insidious crime that is used to humiliate, degrade, and financially exploit innocent people,” said Attorney General Harris. “SB 676 will restore dignity to victims by providing California law enforcement with a powerful tool to seize and destroy cyber exploitation images and prevent future distribution. I commend Senator Cannella for authoring this important legislation and thank Governor Brown for signing it into law.”

“As technology evolves, unfortunately, so does the rate of cyber-crimes such as cyber exploitation,” said Senator Cannella. “I appreciate the work of Attorney General Harris in prosecuting those who commit these crimes and am glad that Governor Brown signed SB 676 into law to provide stronger protection to victims."

In April, Attorney General Harris announced an 18-year sentence for cyber exploitation operator Kevin Bollaert. This case was the first successful prosecution in the country of an operator of a cyber exploitation website. Bollaert operated ugotposted.com, which allowed the anonymous, public posting of private photographs containing nude and explicit images of individuals without their permission.

In addition to SB 676, Attorney General Harris is also sponsoring AB 1310 (Gatto, D-Glendale), which would allow search warrants to be issued for crimes related to cyber exploitation and allow for the prosecution of cyber exploitation cases in the county where the victim resides or in the county where the images were posted.

Attorney General Harris has convened a working group of 50 major technology companies, victim advocates, and legislative and law enforcement leaders to fight cyber exploitation through a public-private partnership. Specifically, the Attorney General’s working group on cyber exploitation is focused on four key areas: developing an industry statement of principles, education and prevention, law enforcement training and collaboration, and legislation and advocacy. The working group includes major tech companies such as Microsoft, Twitter, Google, Facebook, and Instagram.

Attorney General Harris created the eCrime Unit in 2011 to identify and prosecute identity theft crimes, cybercrimes, and other crimes involving the use of technology.

SACRAMENTO -- Attorney General Kamala D. Harris today announced her support for SBX2 5, legislation authored by Senator Mark Leno to protect children and youth from the harmful effects of electronic cigarettes.  The bill ensures that e-cigarettes are included in existing laws that prevent underage smoking and mandate smoke-free spaces by explicitly defining them as “tobacco products,” in addition to requiring child-resistant packaging.

“Protecting children from a life of nicotine addiction is essential to good public health and smart fiscal policy,” said Attorney General Harris.  “I thank Senator Leno for his leadership on this issue and urge the Legislature to approve this important legislation.”

SBX2 5 will include e-cigarettes in California’s Smoke-Free Act, which prohibits smoking at workplaces, schools, daycares, restaurants, bars, hospitals and on public transportation. The legislation will also make sure e-cigarettes are covered under the 1994 Stop Tobacco Access to Kids Enforcement (STAKE) Act, which has successfully reduced illegal sales of cigarettes to children.  Tobacco use in California is responsible for $13.29 billion in health costs each year.

Attorney General Harris earlier this year launched a first-of-its-kind Bureau of Children’s Justice, with the aim of bringing together the California Department of Justice’s criminal and civil law enforcement tools to hold those who prey on children accountable, help shape and implement policies that help children, and work with a range of stakeholders to better support kids.  More info on the Bureau is available here: https://oag.ca.gov/bcj.

SACRAMENTO -- Attorney General Kamala D. Harris today announced her support for State Senator Bob Wieckowski’s Economic Equity and Financial Stability Initiative, a three-bill package to protect consumers from abusive debt buyer practices and help struggling Californians manage their personal debt and gain a fresh financial start.

“This legislation will help many Californians manage their debt without being abused,” said Attorney General Harris. “Low-wage earners fighting to pay down debt are often harmed by abusive debt collection practices that keep them from reaching financial stability. This legislation will offer consumers a path to getting their finances back on track and give them the tools to fight back against predatory practices.”

The initiative consists of SB 308, SB 501, and SB 641:

• SB 308 – Allows debtors to retain enough of their assets so that they can get back on their feet after a bankruptcy.
• SB 501 – Establishes a tiered garnishment rate to lower the unjustly high percentage of income currently taken from low-income workers’ paychecks.
• SB 641 – Provides low-income consumers with legal recourse to avoid being forced to pay off someone else’s debt or a debt they have already paid.

“Attorney General Harris is fearless when it comes to standing up to some of the abuses of banks and debt collectors, whose sloppy work and misconduct puts consumers in harm’s way and threatens their financial futures,” Wieckowski said. “She is a tireless fighter for consumers and I am proud to join countless working families throughout California in welcoming her support for this initiative.”

All three bills have passed the state Senate and SB 501 and SB 641 are on the Assembly floor.  SB 308 is currently in the Assembly Appropriations Committee.  The bills enjoy a broad array of support from a diverse coalition of organizations ranging from AARP to labor to legal aid groups.

SACRAMENTO -- Attorney General Kamala D. Harris released the following statement on SB 350, the Clean Energy and Pollution Reduction Act of 2015, and SB 32, Climate Pollution Reduction Beyond 2020:

“Today, millions of Californians enjoy cleaner air and water because of our state's longstanding efforts to improve our environment.  SB 350 and SB 32 build on this legacy by setting aggressive but achievable clean energy goals. These bills will ensure California continues to innovate smart solutions to climate change while growing our economy and improving public health.”

LOS ANGELES – Attorney General Kamala D. Harris today released the following statement in support of President Barack Obama’s America’s Clean Power Plan which will limit the amount of greenhouse gases emitted by fossil fuel-fired power plants.

“Power plants emit pollutants that contribute to climate change and, left unchecked, those pollutants harm our natural resources and pose a grave threat to public health,” said Attorney General Harris. “California is leading the world in curbing greenhouse gas emissions and pioneering clean and renewable energy.  The President’s clean power plan, combined with California’s green innovation, create a path for the nation to protect our environment for current and future generations.”

Attorney General Harris has fought to protect AB 32, the Global Warming Solutions Act of 2006, which has served as a global model for reductions in greenhouse gas emissions. In 2014 and 2015, Attorney General Harris and a coalition of states intervened in cases filed in the D.C. Circuit Court of Appeals to defend the EPA’s authority to propose rules limiting emissions of greenhouse gases from existing power plants.

SACRAMENTO –Attorney General Kamala D. Harris today announced a package of bills that will increase protections for victims and provide tools for law enforcement to prosecute the growing number of cyber-exploitation cases in California.

Cyber-exploitation, commonly known as revenge porn, is defined as the non-consensual distribution and publication of intimate photos and videos. The poster sometimes obtains the photos or videos during a prior relationship, or steals them by hacking into the victim’s phone, computer, or social media accounts.

“Cyber-exploitation is a heinous crime that humiliates and degrades victims, while creating devastating effects on their personal and professional lives,” said Attorney General Harris. “This legislation will provide law enforcement with tools to prosecute these crimes, and provide critical support to victims suffering from the debilitating impacts.” 

Senate Bill 676 (Cannella, R-Ceres) would classify the intentional distribution of personal identifying information associated with the image of an intimate body part, obtained without the consent of the person depicted, as a new crime under Penal Code 647. Additionally, SB 676 would expand the forfeiture provision for possession of child pornography to include the forfeiture of cyber-exploitation images, allowing law enforcement to remove these images from unauthorized possession.

"Several years ago, it was brought to my attention that countless lives were being destroyed because another person they trusted distributed compromising photos of them online. As a result, I created legislation that makes this activity illegal," said Cannella. "I quickly realized, however, there was much more to be done. As technology evolves, unfortunately, so does the rate of these cyber-crimes – increasing the number of victims impacted. And while I wish these types of crimes didn’t exist, SB 676 and AB 1310 will provide even more protection to victims."

Assembly Bill 1310 (Gatto, D-Glendale) would amend Penal Code 1524 to allow search warrants to be issued for crimes related to cyber-exploitation. Amending this statute will give law enforcement the ability to search electronic databases and retrieve the victims’ images. AB 1310 will also allow for the prosecution of cyber-exploitation cases in the county where the victim resides or in the county where the images was posted. Since posters and website operators commonly reside outside of the victim’s jurisdiction, this change in the law will relieve some of the burden placed on the victim during the prosecution of the case.

 “AB 1310 will make it more difficult for criminals to escape prosecution by allowing district attorneys and law enforcement to investigate and prosecute those who exploit their victims across multiple jurisdictions,” said Gatto.

In 2011, Attorney General Harris created the eCrime Unit to identify and prosecute identity theft crimes, cybercrimes and other crimes involving the use of technology. In February, a jury in San Diego County found Kevin Bollaert, the operator of a cyber-exploitation website, guilty of 6 counts of extortion and 21 counts of identity theft. He is currently awaiting sentencing. This was the first criminal prosecution of a cyber-exploitation website operator in the nation. 

In February 2014, Attorney General Harris announced the arrest of Casey E. Meyering, 28, of Tulsa, Oklahoma, who operated the website WinByState.com. He is charged with 5 felony extortion counts and is currently awaiting trial in Napa County. Both cases arose from investigations by the California Attorney General’s eCrime unit.

SACRAMENTO - Today, Attorney General Kamala D. Harris and Assemblymember Jacqui Irwin (D-Thousand Oaks) unveiled legislation aimed at maintaining consumer confidence in charitable giving.  The bill would close a loophole in disclosure requirements for paid commercial fundraising campaigns and include for-profit fundraising firms and other third parties who engage in misconduct in the Attorney General’s 10-year statute of limitations.

“Californians should have complete confidence that the donation they make to a charitable organization will go toward the cause they support, and feel secure knowing their gift won’t be diverted to the pockets of a third-party, for-profit fundraiser,” said Attorney General Harris.  “I thank Assemblymember Irwin for standing with me to increase transparency and empower Californians with the information they need to donate wisely.”

Assembly Bill 556 closes a loophole in existing charitable giving transparency requirements that currently allows third parties to solicit funds from donors without disclosing whether a portion of their gift will be diverted to a paid company by establishing their operations as “fundraising counsel” instead of “commercial fundraisers.”  Attorney General Harris’ office recently released a report summarizing the results of charitable solicitation campaigns conducted by commercial fundraisers in 2013, which reveals the alarming extent to which charitable donations are often diverted to for-profit companies.

For-profit third party fundraisers played a role in a recent charity enforcement case, People v. Help Hospitalized Veterans, where a charitable fraud scheme included directing nearly three-quarters of the gross revenue made to for-profit fundraising campaigns in which the charity’s “fundraising counsel” was not required to disclose in their direct mail pieces that a paid professional fundraiser was profiting from each donation.

In addition, because of a gap in the Government Code’s statute of limitations for charitable misconduct lawsuits, not all parties responsible for the fraud in the Help Hospitalized Veterans case were able to be held accountable.  AB 556 will expand the statute to include enforcement actions against commercial fundraisers, fundraising counsel, and other third party entities that aid and abet the exploitation of charitable assets.  This ten year window is often necessary in such cases, which are complex, fact-intensive, and cover misconduct occurring over an extended period of time.

“As a city councilmember and board member of local nonprofits in Ventura County, I saw the enormous positive impact that charities have on our communities,” said Assemblymember Jacqui Irwin (D-Thousand Oaks). “AB 556 will help keep bad behavior by a few from undermining the confidence that Californians have in the more than 70,000 active nonprofit organizations doing great work in California.  I commend Attorney General Kamala Harris for her work on this issue and look forward to working with her on AB 556.”

In late 2014, a comprehensive report on California’s non-profit sector, Causes Count, was issued by the California Association of Nonprofits (CalNonprofits), a “chamber of commerce” representing 9,200 nonprofits. According to the report, California’s charitable organizations contribute 15 percent — or one-sixth — of California’s Gross State Product.

“California nonprofits are trusted institutions,” said Jan Masaoka, CEO of CalNonprofits. “We support legislation like AB 556 that closes gaps in the law that no legitimate charity needs to exploit to fulfill its mission.  We appreciate that Attorney General Harris and Assemblymember Irwin support the non-profit sector’s role in California as an economic driver, an innovation leader, and a champion for hope and opportunity, always looking toward a better future.”

Legislative text available here.

View the Attorney General’s report on charitable solicitation campaigns conducted by commercial fundraisers here.

Read CalNonprofits’ Causes Count report here.

Assemblymember Irwin’s Website: www.asmdc.org/irwin

SACRAMENTO – Attorney General Kamala D. Harris today announced her sponsorship of two bills that will help provide enhanced support to law enforcement agencies in their investigations of transnational criminal organizations.

Transnational criminal organizations have made California the single biggest point of entry for methamphetamine into the United States, with 70% entering through the San Diego Port of Entry. These organizations transfer billions of dollars out of the U.S. through California. As much as $40 billion in illicit funds were laundered in the state in 2012, according to Attorney General Harris’ 2014 report, Gangs Beyond Borders: California and the Fight Against Transnational Organized Crime.

“Transnational criminal organizations rely on a steady flow of billions of dollars in laundered money to support their operations,” Attorney General Harris said.  “The legislation I am sponsoring will equip local and state law enforcement with more tools to target their illicit profits and dismantle these dangerous organizations.” 

Senate Bill 298  (Block, D-San Diego) would add money laundering to the list of predicate offenses for wiretapping under Penal Code  629.52 if the money laundering is associated with a organized criminal group and the value of the transactions exceeds $50,000. Currently, the existing wiretap statute only applies to drug trafficking, human trafficking and street gang felonies – which all have a direct nexus to transnational criminal organizations. This bill would allow law enforcement to utilize wiretaps to investigate financial fraud, allowing them to target the financial pipeline that sustains the operations of transnational criminal organizations. 

“If money is the root of all evil, then money laundering is the insidious offshoot,” said State Senator Marty Block. “Money laundering camouflages the profit from heinous crimes such as human and weapons trafficking and allows criminals to profit from and expand their operations. SB 298 hands law enforcement another tool to fight the most grievous crimes they face.” 

Assembly Bill 443 (Alejo, D-Salinas) would allow for the preservation of criminal assets before charges are filed under the following circumstances:

• at least $10,000 is at stake
• the judge finds a substantial probability that charges will be filed and the government will prevail
• the proceeds will otherwise be destroyed or made unavailable
• the need to preserve outweighs any hardship of the party impacted.

AB 443 addresses the gap in law that prevents prosecutors from freezing criminal proceeds prior to an indictment being filed, leading to criminal organizations disposing of these assets once a charge has been brought against them. The bill will allow prosecutors to effectively disrupt and dismantle transnational criminal organizations and other sophisticated criminal profiteers.

“Gang violence and crime continue to be serious problems across the state, and we must take steps to diminish the grip they have on many of our most disadvantaged communities,” said Assemblyman Alejo.  “Many of these organizations are operating in cities that I represent - Salinas, Watsonville, Soledad and King City. They use our kids as pawns, many of whom wind up in jail or dead, and they do this all to make a profit.   By freezing the assets of criminal organizations, we hit them where it hurts most, and we can put a halt to their operations.”

In March 2014, Attorney General Harris issued “Gangs Beyond Borders: California and the Fight Against Transnational Organized Crime,” the first comprehensive report analyzing the current state of transnational criminal organizations in California. The report is the first comprehensive report analyzing the current state of transnational criminal organizations in California and the threats they pose to the state’s public safety and economy.

The report also outlined recommendations to address this problem, which include increased funding for state anti-narcotics trafficking task forces and additional coordination between federal, state, and local law enforcement agencies in combatting transnational criminal organizations. The report is available here: https://oag.ca.gov/transnational-organized-crime.

Following the release of this report, Attorney General Harris led a delegation of state attorneys general to Mexico to strengthen working relationships between the governments of both countries and enhance efforts to combat transnational crime. The delegation met with Mexican state attorneys general and federal officials to discuss the issues of drug, human and firearms trafficking, money laundering and high-tech crime.

Attorney General Kamala D. Harris and the four other state attorneys general also signed a letter of intent with the National Banking and Securities Commission of Mexico to establish a bi-national working group on money laundering enforcement. 

In October 2014, Attorney General Harris announced the creation of a new anti-methamphetamine team of Special Agents based Los Angeles funded by a $1 million federal grant. The team will be comprised of six Special Agents assigned to investigate illicit activities related to the manufacture and distribution of methamphetamine in California and will work in a coordinated effort with the other 18 existing California Department of Justice task forces. 

Over the past four years, California Department of Justice special agents have seized over $200 million in cash, 10,000 kilos of cocaine, 12,000 pounds of methamphetamine, and taken nearly 12,000 illegal guns off the streets in California.

SAN FRANCISCO – Attorney General Kamala D. Harris today issued an information bulletin to California law enforcement agencies, higher education administrators and campus security personnel, providing enforcement guidance on new and amended sexual assault and campus safety laws. The bulletin summarizes SB 967 (Senate pro Tempore Kevin de León, D-Los Angeles) and AB 1433 (Assemblymember Mike Gatto, D-Glendale), gives enforcement guidance in the context of existing state and federal statutes, and encourages increased collaboration between law enforcement and campus authorities.

“The threat of sexual assault is real and pervasive,” said Attorney General Harris. “Last year California adopted some of the most aggressive campus sexual assault laws in the country. Today’s bulletin ensures that education leaders and law enforcement understand their responsibilities under these laws, enforce them consistently, and collaborate to protect victims.” 

The two new laws create reporting requirements and standards for campus disciplinary procedures.

SB 967 requires California postsecondary institutions – in order to receive state funds for financial assistance – to adopt comprehensive, victim-centered policies and disciplinary procedures concerning sexual assault, domestic violence, dating violence and stalking. Under the law, an institution’s policy governing its campus disciplinary process must use an affirmative consent standard – defined as an affirmative, conscious and voluntary agreement to engage in sexual activity – to determine whether a sexual assault complainant consented.   

SB 967 requires campuses to use a preponderance of the evidence standard when adjudicating complaints in the campus disciplinary process. This means the evidence must show it is “more likely than not” – i.e., greater than 50 percent likelihood – that the victim did not consent. The law also requires postsecondary institutions to partner with campus and community organizations to refer both victims and perpetrators to health, counseling, advocacy and legal services.

“The laws we pursue in the California legislature set an example for the rest of the country,” Senate pro Tempore de León stated. “With 1 in 5 women on college campuses experiencing sexual assault, it’s our responsibility to secure a safe learning environment for our students.”

AB 1433 specifies that as a condition for participation in the Cal Grant program, campus security authorities are required to immediately – or as soon as practicably possible – disclose to local law enforcement any report of a violent crime, hate crime or sexual assault, whether committed on- or off-campus. Postsecondary governing boards must implement policies and procedures by July 1, 2015, to ensure reports of these crimes are immediately forwarded to the appropriate law enforcement agency.  

“Students at our colleges and universities deserve to learn without living in fear of sexual assault, and they deserve to know that crimes that occur on campus won’t be treated any differently than those that occur elsewhere in our community,” said Assemblymember Mike Gatto.  “I thank Attorney General Harris for her advice and collaboration in these matters.”

AB 1433 builds on existing state and federal requirements for campus and law enforcement collaboration. California law already requires postsecondary institutions to enter into written agreements with local law enforcement agencies. The federal Clery Act also requires campus officials to contact local law enforcement to obtain accurate statistics about crimes reported on or near campus. 

Attorney General Harris has a longstanding commitment to reducing sexual violence and seeking justice for sexual assault victims. In her first year in office, Attorney General Harris eliminated a longstanding backlog of untested rape kits in state-run labs – which included 1,300 DNA cases.  In April 2014, the California Attorney General’s Rapid DNA Service Team received the United States Department of Justice Award for Professional Innovation in Victim Services. Attorney General Harris is currently prosecuting two operators of cyber exploitation websites who, combined, facilitated the posting of over 10,000 sexually explicit photos and extorted victims to remove the illicit content.

 In the coming months, the Attorney General’s Office will release additional guidance suggesting ways in which law enforcement and campus personnel can comply with the new laws and facilitate justice for victims and accountability for perpetrators. 

To view the information bulletin click here: http://bit.ly/1CcwfB1

En Español

SAN FRANCISCO – Attorney General Kamala D. Harris today issued a consumer alert to Californians about possible scams targeting immigrants and their families. 

Under a new California law, Assembly Bill 60 (AB 60), California residents will be eligible to get a driver license regardless of their immigration status.  This law takes effect on January 1, 2015.  In preparation for AB 60, the Department of Motor Vehicles (DMV) has hired additional employees, held department-wide training, and is opening new, temporary offices to handle extra driver license appointments.

Individuals applying for a driver license under AB 60 must show satisfactory proof of identity, proof of California residency, and meet all other qualifications for getting a driver license, including passing a knowledge test, vision test, and behind-the-wheel driving test, which will be taken after getting a temporary driver permit.

When major changes to laws affecting immigrants are passed, con artists often emerge to prey on vulnerable consumers.  This consumer alert will give you tips on how to avoid and report driver license scams.

Do not pay anyone to complete your driver license application:

The Attorney General recommends that you complete your driver license application alone or with the help of trusted family or friends.  The process is simple and the DMV provides free resources to guide you.  You should not pay anyone to help you complete driver license documents!

Beginning January 1, 2015, it will be illegal for anyone to accept money solely for completing a driver license application for another person.  Be wary of anyone who says they have “connections” with the DMV.  They are likely lying; no one can speed up the process of getting a driver license for you! 

Driver license examinations are available in many languages and can be given orally by a DMV employee on request.  If you need an interpreter, call 1-800-777-0133 and indicate that foreign language assistance is needed.  Do not pay anyone who offers to translate documents for you;  the DMV offers free translation services!

The cost for completing the application for a Class C (most cars) or Class M (motorcycles and scooters) license is $33.  A driver license under AB 60 is the same price as other licenses.  Only pay this fee to the DMV directly; any payment to someone else is likely a scam.

HELPFUL RESOURCES:

To learn more about getting your driver license, visit http://apps.dmv.ca.gov/ab60/ (English) or https://apps.dmv.ca.gov/ab60/index_es.html (Español). 

For a list of accepted proofs of identify, visit https://apps.dmv.ca.gov/ab60/doc_req_matrix.pdf (English) or http://apps.dmv.ca.gov/ab60/docreqmatrix_span.pdf (Español). 

For a sample driver license application, visit: https://apps.dmv.ca.gov/teenweb/permit_btn1/dl44sample.pdf.  However, your application (Form DL 44) must be completed at the DMV. 

California Driver Handbooks and sample driver license examinations are available in English, Spanish, Arabic, Armenian, Chinese, Farsi, Korean, Punjabi, Russian Tagalog, and Vietnamese.  For a copy of the California Driver Handbook and sample driver license examinations in any of these languages, visit:  http://apps.dmv.ca.gov/ab60/#handbooks. 

To schedule a visit to the DMV, visit  https://www.dmv.ca.gov/foa/clear.do?goTo=officeVisit.

WHAT TO DO IF YOU ARE THE VICTIM OF A SCAM:

The California Department of Justice, in its role as the state’s enforcer of consumer protection, collects complaints on scams in order to detect patterns of wrongdoing. By submitting a complaint, you are contributing to California’s ability to investigate and prosecute known offenders and stop scammers from victimizing others. To file a complaint with our office, use one of the following complaint forms:

English: http://oag.ca.gov/contact/consumer-complaint-against-business-or-company

En Español:  http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_sp.pdf

中文:  http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_chin.pdf

Tiếng Việt:  http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_viet.pdf