[mod.legal] Calif Constitutional Amemdment

BEC.SHAPIN@USC-ECL.ARPA (Ted Shapin) (12/07/85)

AMENDED IN ASSEMBLY SEPTEMBER 10, 1985
AMENDED IN ASSEMBLY JULY 18, 1985
AMENDED IN ASSEMBLY JUNE 12, 1985
AMENDED IN ASSEMBLY MAY 15, 1985
CALIFORNIA LEGISLATURE -- 1985-86 REGULAR SESSION
ASSEMBLY CONSTITUTIONAL AMENDMENT No. 9
=======================================
Introduced by Assembly Members Moore, Bradley, Hauser, and Statham
(Coauthors: Senators McCorquodale, Bill Greene, and Watson)
January 30, 1985
================
 Assembly Constitutional Amendment No. 9 -- A resolution to propose 
to the people of the State of California an amendment to the 
Contitution of the State, by amending subdivision (a) of Section 2 
and Section 13 of Article I thereof, relating to electronic 
communications, information systems, and data bases.
.
LEGISLATIVE COUNSEL'S DIGEST
 ACA 9, as amended, Moore. Electronic Communications, information 
systems, and data bases.
 The California Constitution guarantees the freedom to speak, write, 
and publish on all subjects and prohibits abridgement of the liberty 
of speech or press.
 This measure would guarantee the right to electronically 
communicate on all subjects, and would provide that a law may not 
restrain or abridge liberty of access to the means of electronic 
communication.
 The California Constitution also guarantees the right of the people 
to be secure in their persons, houses, papers, and effects against 
unreasonable seizures and searches.  A warrant may not issue unless, 
among other things, it particularly describes the place to be 
searched.
 This measure would specify that personal information stored in 
electronic information systems and @i(computer) data bases is 
included in the search and seizure guarantees.
 Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated 
local program: no.
.
 1  Resolved by the Assembly, The Senate concurring,
 2 That the legislature of the State of California at its
 3 1985-86 Regular Session commencing on the third day of
 4 December 1984, two-thirds of the members elected to 
 5 each of the two houses of the Legislature voting therefore,
 6 hereby proposes to the people of the State of California
 7 that the Constitution of the State be amended as follows:
 8  First--That subdivision (a) of Section 2 of Article I
 9 thereof is amended to read:
10  SEC. 2. (a) Every person may freely speak, write, 
11 publish, or electronically communicate his or her 
12 sentiments on all subjects, being responsible for the abuse
13 of this right.  A law may not restrain or abridge liberty of
14 speech, press, or access to the means of electronic 
15 communication.
16  Second--That section 13 of Article I thereof is 
17 amended to read:
18  SEC. 13.  The right of the people to be secure in their
19 persons, houses, papers, and effects, including personal 
20 information stored in electronic information systems and
21 @i(computer) data bases, against unreasonable seizures and
22 searches may not be violated; and a warrant may not issue
23 except on probable cause, supported by oath or
24 affirmation, particularly describing the place or location
25 to be searched and the prersons and things to be seized.
-- END --



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