(a) For purposes of this section, the following terms have the following meanings: (1) (A) âSmartphoneâ means a cellular radio telephone or other mobile voice communications handset device that includes all of the following features: (i) Utilizes a mobile operating system. (ii) Possesses the capability to utilize mobile software applications, access and browse the Internet, utilize text messaging, utilize digital voice service, and send and receive email. (iii) Has wireless network connectivity. (iv) Is capable of operating on a long-term evolution network or successor wireless data network communication standards. (B) A âsmartphoneâ does not include a radio cellular telephone commonly referred to as a âfeatureâ or âmessagingâ telephone, a laptop, a tablet device, or a device that only has electronic reading capability. (2) âEssential featuresâ of a smartphone are the ability to use the smartphone for voice communications, text messaging, and the ability to browse the Internet, including the ability to access and use mobile software applications. âEssential featuresâ do not include any functionality needed for the operation of the technological solution, nor does it include the ability of the smartphone to access emergency services by a voice call or text to the numerals â911,â the ability of a smartphone to receive wireless emergency alerts and warnings, or the ability to call an emergency number predesignated by the owner. (3) âHard resetâ means the restoration of a smartphone to the state it was in when it left the factory through processes commonly termed a factory reset or master reset. (4) âSold in California,â or any variation thereof, means that the smartphone is sold at retail from a location within the state, or the smartphone is sold and shipped to an end-use consumer at an address within the state. âSold in Californiaâ does not include a smartphone that is resold in the state on the secondhand market or that is consigned and held as collateral on a loan. (b) (1) Except as provided in paragraph (3), any smartphone that is manufactured on or after July 1, 2015, and sold in California after that date, shall include a technological solution at the time of sale, to be provided by the manufacturer or operating system provider, that, once initiated and successfully communicated to the smartphone, can render the essential features of the smartphone inoperable to an unauthorized user when the smartphone is not in the possession of an authorized user. The smartphone shall, during the initial device setup process, prompt an authorized user to enable the technological solution. The technological solution shall be reversible, so that if an authorized user obtains possession of the smartphone after the essential features of the smartphone have been rendered inoperable, the operation of those essential features can be restored by an authorized user. A technological solution may consist of software, hardware, or a combination of both software and hardware, and when enabled, shall be able to withstand a hard reset or operating system downgrade and shall prevent reactivation of the smartphone on a wireless network except by an authorized user. (2) An authorized user of a smartphone may affirmatively elect to disable or opt-out of enabling the technological solution at any time. However, the physical acts necessary to disable or opt-out of enabling the technological solution may only be performed by the authorized user or a person specifically selected by the authorized user to disable or opt-out of enabling the technological solution. (3) Any smartphone model that was first introduced prior to January 1, 2015, that cannot reasonably be reengineered to support the manufacturerâs or operating system providerâs technological solution, including if the hardware or software cannot support a retroactive update, is not subject to the requirements of this section. (c) The knowing retail sale of a
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