2009 California Penal Code - Section 13848-13848.6 :: Chapter 5.7. High Technology Theft Apprehension And Prosecution Program

PENAL CODE
SECTION 13848-13848.6

13848.  (a) It is the intent of the Legislature in enacting this
chapter to provide local law enforcement and district attorneys with
the tools necessary to successfully interdict the promulgation of
high technology crime. According to the federal Law Enforcement
Training Center, it is expected that states will see a tremendous
growth in high technology crimes over the next few years as computers
become more available and computer users more skilled in utilizing
technology to commit these faceless crimes. High technology crimes
are those crimes in which technology is used as an instrument in
committing, or assisting in the commission of, a crime, or which is
the target of a criminal act.
   (b) Funds provided under this program are intended to ensure that
law enforcement is equipped with the necessary personnel and
equipment to successfully combat high technology crime which
includes, but is not limited to, the following offenses:
   (1) White-collar crime, such as check, automated teller machine,
and credit card fraud, committed by means of electronic or
computer-related media.
   (2) Unlawful access, destruction of or unauthorized entry into and
use of private, corporate, or government computers and networks,
including wireless and wireline communications networks and law
enforcement dispatch systems, and the theft, interception,
manipulation, destruction, or unauthorized disclosure of data stored
within those computers and networks.
   (3) Money laundering accomplished with the aid of computer
networks or electronic banking transfers.
   (4) Theft and resale of telephone calling codes, theft of
telecommunications service, theft of wireless communication service,
and theft of cable television services by manipulation of the
equipment used to receive those services.
   (5) Software piracy and other unlawful duplication of information.
   (6) Theft and resale of computer components and other high
technology products produced by the high technology industry.
   (7) Remarking and counterfeiting of computer hardware and
software.
   (8) Theft of trade secrets.
   (c) This program is also intended to provide support to law
enforcement agencies by providing technical assistance to those
agencies with respect to the seizure and analysis of computer systems
used to commit high technology crimes or store evidence relating to
those crimes.

13848.2.  (a) There is hereby established in the California
Emergency Management Agency a program of financial and technical
assistance for law enforcement and district attorneys' offices,
designated the High Technology Theft Apprehension and Prosecution
Program. All funds allocated to the California Emergency Management
Agency for the purposes of this chapter shall be administered and
disbursed by the Secretary of Emergency Management in consultation
with the High Technology Crime Advisory Committee as established in
Section 13848.6 and shall to the extent feasible be coordinated with
federal funds and private grants or private donations that are made
available for these purposes.
   (b) The Secretary of California Emergency Management is authorized
to allocate and award funds to regional high technology crime
programs which are established in compliance with Section 13848.4.
   (c) The allocation and award of funds under this chapter shall be
made on application executed by the district attorney, county
sheriff, or chief of police and approved by the board of supervisors
for each county that is a participant of a high technology theft
apprehension and prosecution unit.

13848.4.  (a) Moneys allocated for the High Technology Theft
Apprehension and Prosecution Program pursuant to subdivision (b) of
Section 13821 shall be expended to fund programs to enhance the
capacity of local law enforcement and prosecutors to deter,
investigate, and prosecute high technology related crimes. After
deduction of the actual and necessary administrative costs referred
to in subdivision (f), the funds shall be expended to fund programs
to enhance the capacity of local law enforcement, state police, and
local prosecutors to deter, investigate, and prosecute high
technology related crimes. Any funds distributed under this chapter
shall be expended for the exclusive purpose of deterring,
investigating, and prosecuting high technology related crimes.
   (b) Up to 10 percent of the funds shall be used for developing and
maintaining a statewide database on high technology crime for use in
developing and distributing intelligence information to
participating law enforcement agencies. In addition, the Secretary of
California Emergency Management may allocate and award up to 5
percent of the funds available to public agencies or private
nonprofit organizations for the purposes of establishing statewide
programs of education, training, and research for public prosecutors,
investigators, and law enforcement officers relating to deterring,
investigating, and prosecuting high technology related crimes. Any
funds not expended in a fiscal year for these purposes shall be
distributed to regional high technology theft task forces pursuant to
subdivision (b).
   (c) Any regional task force receiving funds under this section may
elect to have the Department of Justice administer the regional task
force program. The department may be reimbursed for any expenditures
incurred for administering a regional task force from funds given to
local law enforcement pursuant to subdivision (b).
   (d) The California Emergency Management Agency shall distribute
funds to eligible agencies pursuant to subdivision (b) in
consultation with the High Technology Crime Advisory Committee
established pursuant to Section 13848.6.
   (e) Administration of the overall program and the evaluation and
monitoring of all grants made pursuant to this chapter shall be
performed by the California Emergency Management Agency.

13848.6.  (a) The High Technology Crime Advisory Committee is hereby
established for the purpose of formulating a comprehensive written
strategy for addressing high technology crime throughout the state,
with the exception of crimes that occur on state property or are
committed against state employees, and to advise the California
Emergency Management Agency on the appropriate disbursement of funds
to regional task forces.
   (b) This strategy shall be designed to be implemented through
regional task forces. In formulating that strategy, the committee
shall identify various priorities for law enforcement attention,
including the following goals:
   (1) To apprehend and prosecute criminal organizations, networks,
and groups of individuals engaged in the following activities:
   (A) Theft of computer components and other high technology
products.
   (B) Violations of Penal Code Sections 211, 350, 351a, 459, 496,
537e, 593d, 593e, 653h, 653s, and 635w.
   (C) Theft of telecommunications services and other violations of
Penal Code Sections 502.7 and 502.8.
   (D) Counterfeiting of negotiable instruments and other valuable
items through the use of computer technology.
   (E) Creation and distribution of counterfeit software and other
digital information, including the use of counterfeit trademarks to
misrepresent the origin of that software or digital information.
   (F) Creation and distribution of pirated sound recordings or
audiovisual works or the failure to disclose the origin of a
recording or audiovisual work.
   (2) To apprehend and prosecute individuals and groups engaged in
the unlawful access, destruction, or unauthorized entry into and use
of private, corporate, or government computers and networks,
including wireless and wire line communications networks and law
enforcement dispatch systems, and the theft, interception,
manipulation, destruction, and unauthorized disclosure of data stored
within those computers.
   (3) To apprehend and prosecute individuals and groups engaged in
the theft of trade secrets.
   (4) To investigate and prosecute high technology crime cases
requiring coordination and cooperation between regional task forces
and local, state, federal, and international law enforcement
agencies.
   (c) The Secretary of California Emergency Management shall appoint
the following members to the committee:
   (1) A designee of the California District Attorneys Association.
   (2) A designee of the California State Sheriffs Association.
   (3) A designee of the California Police Chiefs Association.
   (4) A designee of the Attorney General.
   (5) A designee of the California Highway Patrol.
   (6) A designee of the High Technology Crime Investigation
Association.
   (7) A designee of the California Emergency Management Agency.
   (8) A designee of the American Electronic Association to represent
California computer system manufacturers.
   (9) A designee of the American Electronic Association to represent
California computer software producers.
   (10) A designee of CTIA - The Wireless Association.
   (11) A representative of the California Internet industry.
   (12) A designee of the Semiconductor Equipment and Materials
International.
   (13) A designee of the California Cable & Telecommunications
Association.
   (14) A designee of the Motion Picture Association of America.
   (15) A designee of the California Communications Associations
(CalCom).
   (16) A representative of the California banking industry.
   (17) A representative of the Office of Information Security and
Privacy Protection.
   (18) A representative of the Department of Finance.
   (19) A representative of the State Chief Information Officer.
   (20) A representative of the Recording Industry of America.
   (21) A representative of the Consumers Union.
   (d) The Secretary of California Emergency Management shall
designate the Chair of the High Technology Crime Advisory Committee
from the appointed members.
   (e) The advisory committee shall not be required to meet more than
12 times per year. The advisory committee may create subcommittees
of its own membership, and each subcommittee shall meet as often as
the subcommittee members find necessary. It is the intent of the
Legislature that all advisory committee members shall actively
participate in all advisory committee deliberations required by this
chapter.
   Any member who, without advance notice to the Secretary of
California Emergency Management and without designating an
alternative representative, misses three scheduled meetings in any
calendar year for any reason other than severe temporary illness or
injury (as determined by the secretary) shall automatically be
removed from the advisory committee. If a member wishes to send an
alternative representative in his or her place, advance written
notification of this substitution shall be presented to the executive
director. This notification shall be required for each meeting the
appointed member elects not to attend.
   Members of the advisory committee shall receive no compensation
for their services, but shall be reimbursed for travel and per diem
expenses incurred as a result of attending meetings sponsored by the
California Emergency Management Agency.
   (f) The Secretary of California Emergency Management, in
consultation with the High Technology Crime Advisory Committee, shall
develop specific guidelines and administrative procedures for the
selection of projects to be funded by the High Technology Theft
Apprehension and Prosecution Program, which guidelines shall include
the following selection criteria:
   (1) Each regional task force that seeks funds shall submit a
written application to the committee setting forth in detail the
proposed use of the funds.
   (2) In order to qualify for the receipt of funds, each proposed
regional task force submitting an application shall provide written
evidence that the agency meets either of the following conditions:
   (A) The regional task force devoted to the investigation and
prosecution of high technology-related crimes is comprised of local
law enforcement and prosecutors, and has been in existence for at
least one year prior to the application date.
   (B) At least one member of the task force has at least three years
of experience in investigating or prosecuting cases of suspected
high technology crime.
   (3) Each regional task force shall be identified by a name that is
appropriate to the area that it serves. In order to qualify for
funds, a regional task force shall be comprised of local law
enforcement and prosecutors from at least two counties. At the time
of funding, the proposed task force shall also have at least one
investigator assigned to it from a state law enforcement agency. Each
task force shall be directed by a local steering committee composed
of representatives of participating agencies and members of the local
high technology industry.
   (4) The California High Technology Crimes Task Force shall be
comprised of each regional task force developed pursuant to this
subdivision.
   (5) Additional criteria that shall be considered by the advisory
committee in awarding grant funds shall include, but not be limited
to, the following:
   (A) The number of high technology crime cases filed in the prior
year.
   (B) The number of high technology crime cases investigated in the
prior year.
   (C) The number of victims involved in the cases filed.
   (D) The total aggregate monetary loss suffered by the victims,
including individuals, associations, institutions, or corporations,
as a result of the high technology crime cases filed, and those under
active investigation by that task force.
   (6) Each regional task force that has been awarded funds
authorized under the High Technology Theft Apprehension and
Prosecution Program during the previous grant-funding cycle, upon
reapplication for funds to the committee in each successive year,
shall be required to submit a detailed accounting of funds received
and expended in the prior year in addition to any information
required by this section. The accounting shall include all of the
following information:
   (A) The amount of funds received and expended.
   (B) The use to which those funds were put, including payment of
salaries and expenses, purchase of equipment and supplies, and other
expenditures by type.
   (C) The number of filed complaints, investigations, arrests, and
convictions that resulted from the expenditure of the funds.
   (g) The committee shall annually review the effectiveness of the
California High Technology Crimes Task Force in deterring,
investigating, and prosecuting high technology crimes and provide its
findings in a report to the Legislature and the Governor. This
report shall be based on information provided by the regional task
forces in an annual report to the committee which shall detail the
following:
   (1) Facts based upon, but not limited to, the following:
   (A) The number of high technology crime cases filed in the prior
year.
   (B) The number of high technology crime cases investigated in the
prior year.
   (C) The number of victims involved in the cases filed.
   (D) The number of convictions obtained in the prior year.
   (E) The total aggregate monetary loss suffered by the victims,
including individuals, associations, institutions, corporations, and
other relevant public entities, according to the number of cases
filed, investigations, prosecutions, and convictions obtained.
   (2) An accounting of funds received and expended in the prior
year, which shall include all of the following:
   (A) The amount of funds received and expended.
   (B) The uses to which those funds were put, including payment of
salaries and expenses, purchase of supplies, and other expenditures
of funds.
   (C) Any other relevant information requested.


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