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 -- -------