Jimmy Gomez
- Democratic
Author
(1) Existing law makes it a crime, subject to specified exemptions, for a person to intentionally eavesdrop upon or record a confidential communication by means of an electronic amplifying or recording device without the consent of all parties to the confidential communication. Existing law defines a confidential communication as any communication carried on in circumstances that reasonably indicate that any party to the communication desires it to be confined to the parties thereto. Existing law exempts from the prohibition the recording of a confidential communication made for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of certain crimes, including any felony involving violence against the person making the recording. This bill additionally would make it a crime for a person who unlawfully eavesdrops upon or records a confidential communication as described above with a health care provider, as defined, to intentionally disclose or distribute the contents of the confidential communication without the consent of all parties to the confidential communication unless specified conditions are met. The bill would make this prohibition subject to the same exemptions as are applicable to the prohibition on eavesdropping upon or recording a confidential communication as described above. The bill would also specify the conduct that constitutes aiding and abetting the commission of those offenses, as specified. The bill would specify, with respect to the exemption for recording communications believed to relate to the commission of a crime by a party to the communication, that a felony involving violence includes human trafficking, as defined. By creating a new crime, this bill would impose a state-mandated local program. (2) Existing law authorizes any person who has been injured by a violation of the prohibition on eavesdropping upon or recording confidential communications, and related offenses, to bring an action against the person who committed the violation to enjoin and restrain the violation, as well as to bring an action for monetary damages, as specified. This bill would provide that the monetary damages be imposed per violation of the above-described provisions. (3) Existing law makes the above-specified crime of eavesdropping punishable by a fine not to exceed $2,500 or imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years. If the person has previously been convicted of eavesdropping, or has previously been convicted of specified invasion of privacy crimes, existing law requires the person to be punished by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years. This bill would require the above-specified fines to be imposed on a per-violation basis and would impose the same penalties prescribed for the unlawful eavesdropping upon or recording of a confidential communication to the disclosure crimes created by the bill. The bill also would make various technical, nonsubstantive changes to existing law. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Chaptered by Secretary of State - Chapter 855, Statutes of 2016.
Approved by the Governor.
Enrolled and presented to the Governor at 2:30 p.m.
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 13. Page 5578.).
Ordered to third reading.
Withdrawn from committee.
(Ayes 26. Noes 12. Page 5557.)
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 6574.).
Assembly Rule 63 suspended. (Page 6569.)
Senate Rule 29.3(b) suspended. (Ayes 26. Noes 13. Page 5510.)
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 28).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 26. Page 5014.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 14. Noes 6.) (May 25).
In committee: Hearing postponed by committee.
From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
In committee: Hearing postponed by committee.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 19).
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
In committee: Set, second hearing. Hearing canceled at the request of author.
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From printer. May be heard in committee February 18.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1671 | HTML |
| 01/15/16 - Introduced | |
| 03/17/16 - Amended Assembly | |
| 04/12/16 - Amended Assembly | |
| 04/25/16 - Amended Assembly | |
| 05/18/16 - Amended Assembly | |
| 08/02/16 - Amended Senate | |
| 08/16/16 - Amended Senate | |
| 08/30/16 - Amended Senate | |
| 09/02/16 - Enrolled | |
| 09/30/16 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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