The Senate Public Safety Committee passed Senate Bill 448 in a vote of 7 to 0 after the bill’s author, Senator Ben Hueso (Democrat, San Diego), promised to amend it. According to Committee Chair Loni Hancock, the amendments are to include a narrowing of those to whom the bill would apply and a tiering so that the scope of the bill would be limited to high risk offenders.
“The Senate Public Safety Committee acted recklessly in approving a bill based upon mere promises,” stated CA RSOL President Janice Bellucci. “The author of the bill failed to provide the Committee with written amendments and now has a blank check.”
The next step for the bill is consideration by the Senate Appropriations Committee which is not scheduled to meet until after the legislature’s summer recess which ends August 17.
“California RSOL will make every effort to confer with the bill’s author to ensure that both amendments are included in the bill before it is considered by the full Senate,” stated Bellucci. “It is our position that the bill should only be applied to those convicted of sex trafficking and not to every one convicted of a sex offense involving the internet.”
During the hearing, ACLU attorney Michael Risher testified that ACLU would legally challenge SB 448 if the final bill is too broad. ACLU successfully challenged Proposition 35 after its passage in November 2013. One small part of that proposition required all registered citizens to disclose all internet identifiers to law enforcement within 24 hours.
The total number of people who spoke in opposition to SB 448 during the hearing was 22 which included representatives from the ACLU, California RSOL, California Public Defenders Association, Legal Services for Prisoners with Children and All of Us or None of Us. The total number of people who spoke in favor of the bill was 7 and included the Sacramento County District Attorney.
Internet Identifier Bill to be Heard on July 14 (with active discussion)
Hearing Video [July 14, Senate Public Safety Committee, First Agenda Item]