INTRODUCED BY Senator Figueroa

WHEREAS, The State of California recognizes the Constitution of
the United States of America as our charter of liberty, and that the
Bill of Rights enshrines the fundamental and inalienable rights of
Americans, including the freedoms of religion, speech, assembly, and
privacy; and

WHEREAS, The State of California has a distinguished history of
safeguarding the freedoms of its residents; and
WHEREAS, Each of the California's duly elected public servants has
sworn to defend and uphold the United States Constitution and the
Constitution of the State of California; and

WHEREAS, The State of California denounces and condemns all acts
of terrorism, wherever occurring; and

WHEREAS, Any new security measures of federal, state, and local
governments should be carefully designed and employed to enhance
public safety without infringing on the civil liberties and rights of
innocent persons in the State of California and the nation; and

WHEREAS, Certain provisions of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act, also known as the U.S.A. PATRIOT Act, allow the government greater authority to detain and investigate persons and to engage in surveillance activities that may violate or offend the rights and liberties guaranteed by our federal and state
constitutions, including rights of due process, the right to privacy,
the right to counsel, protection against unreasonable searches and
seizures, and basic First Amendment freedoms; and

WHEREAS, The people of California are concerned that many
provisions of the U.S.A. PATRIOT Act, pose significant threats to
constitutional protections; now, therefore, be it

Resolved by the Senate and the Assembly of the State of
California, jointly, That the State of California supports
appropriate and effective measures by the government of the United
States of America and the State of California to combat terrorism and
affirms its commitment that the campaign not be waged at the expense
of essential civil rights and liberties of citizens of this country
contained in the United States Constitution and the Bills of Rights;
and be it further

Resolved, That the State of California also urges its
Congressional delegation to work to repeal any provisions of the
U.S.A. PATRIOT Act that limit or impinge on rights and liberties
protected equally by the United States Constitution and the
California Constitution and to oppose any pending and future federal
legislation to the extent that it would infringe on Americans' civil
rights and liberties; and be it further

Resolved, That the State of California will ensure that no state
resources be provided for any action that would violate the United
States Constitution, or the Constitution of the State of California,
including but not limited to, all of the following:

(1) Collecting or maintaining information about the political,
religious, or social views, associations, or activities of any
individual, group, association, organization, corporation, business,
or partnership, unless the information directly relates to an
investigation of criminal activities and there are reasonable grounds
to suspect the subject of the information is or may be involved in
criminal conduct.

(2) Recording, filing or sharing intelligence information
concerning a person or organization, including library lending and
research records, book and video store sales and rental records,
medical records, financial records, student records, and other
personal data, even if authorized under the U.S.A. PATRIOT Act.

(3) Demanding nonconsensual releases of student and faculty
records from public schools and institutions of higher learning.

(4) Eavesdropping on confidential communications between lawyers
and their clients.

(5) Engaging in racial profiling that enables law enforcement
agencies to use race, religion, ethnicity, or national origin as
factors in selecting individuals to be subject to investigational
activities, except when seeking to apprehend a specific suspect whose
race, religion, ethnicity, or national origin is part of the
description of the suspect; and be it further

Resolved, That the Secretary of the Senate shall transmit copies
of this resolution to the President and Vice President of the United
States, to the Speaker of the House of Representatives, to the
Majority Leader of the Senate, and to each Senator and Representative from California in the Congress, the Attorney General of the United States, and to all federal and state law enforcement agencies.