Ted Lieu
- Democratic
Author
The reporter's shield law contained in the California Constitution prohibits a publisher, editor, reporter, or other person connected with or employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service, from being held in contempt for refusing to disclose the source of any information procured for publication while so connected or employed. The law also prohibits any of those persons from being held in contempt for refusing to disclose any unpublished information obtained or prepared in gathering, receiving, or processing information for communication to the public. Existing statutory law prohibits any testimony or other evidence given by a journalist under subpoena in a civil or criminal proceeding from being construed as a waiver of the immunity rights provided by the reporter's shield law. Existing law requires that, except in exigent circumstances, a journalist who is subpoenaed in any civil or criminal proceeding be given at least 5 days' notice by the party issuing the subpoena that his or her appearance will be required, and requires a court that holds a journalist in contempt in a criminal proceeding to set forth specified findings regarding the information sought. This bill, in addition, would require that, except in circumstances that pose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harm, a party issuing a subpoena in any civil or criminal proceeding to a third party that seeks the records of a journalist to provide notice of the subpoena to the journalist and the publisher of the newspaper, magazine, or other publication or station operations manager of the broadcast station that employs or contracts with the journalist, as applicable, at least 5 days prior to issuing the subpoena. The bill would require the party issuing the subpoena to include in the notice, at a minimum, an explanation of why the requested records will be of material assistance to the party seeking them and why alternate sources of information are not sufficient to avoid the need for the subpoena. The bill also would revise the exception for the existing 5 days' notice requirement for a subpoena requiring a journalist to appear, providing that the requirement applies except in circumstances that pose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harm.
Chaptered by Secretary of State. Chapter 519, Statutes of 2013.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2132.) Ordered to engrossing and enrolling.
From committee: That the Assembly amendments be concurred in. (Ayes 6. Noes 0. Page 2122.)
Set for hearing September 3.
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.
From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10. (Ayes 5. Noes 0. Page 2034.) Re-referred to Com. on JUD.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 78. Noes 0. Page 2707.) Ordered to the Senate.
Ordered to third reading.
Read third time and amended. (Page 2512.)
From consent calendar.
Ordered to third reading.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (July 3).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 25). Re-referred to Com. on APPR.
From committee: Be re-referred to Com. on JUD. (Ayes 9. Noes 0.) (June 17). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.
Read third time. Passed. (Ayes 34. Noes 0. Page 907.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 0. Page 883.) (May 8).
Set for hearing May 8.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & I.R.
Set, first hearing. Testimony taken. Further hearing to be set.
Set for hearing April 10.
Read first time.
From printer. May be acted upon on or after March 26.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB558 | HTML |
| 02/22/13 - Introduced | |
| 05/01/13 - Amended Senate | |
| 06/06/13 - Amended Assembly | |
| 06/25/13 - Amended Assembly | |
| 08/12/13 - Amended Assembly | |
| 09/06/13 - Enrolled | |
| 10/03/13 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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