Chris Ward
- Democratic
- Assemblymember
- District 78
Author
Existing law requires a court or judge, on granting an injunction, to require an undertaking on the part of the applicant sufficient to cover certain damages the party enjoined may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction. Existing law exempts from the undertaking requirement certain persons seeking an injunction, as specified. Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another, without the other person's consent, if certain conditions are met, including if the person who distributed the material knows that the other person had a reasonable expectation that the material would remain private, and if the material exposes the intimate body parts, as defined, of the other person or shows that person engaged in specified sexual acts. Existing law authorizes a court to grant equitable relief to a plaintiff in a civil proceeding pursuant to these provisions, including a preliminary injunction or a permanent injunction ordering the defendant to cease distribution of material. This bill would exempt from the undertaking requirement an applicant seeking an injunction ordering the defendant to cease distribution of material under these provisions. The bill would instead create the private right of action described above against a person who knew, or reasonably should have known, that the other person had a reasonable expectation that the material would remain private. Existing law provides an exception to liability for the cause of action described above in certain circumstances, including that the distributed material was previously distributed by another person. This bill would instead provide an exception to liability for the cause of action described above if the material was previously distributed by another person, unless the plaintiff served on the defendant, by certified mail, a notice to cease distribution of the material, and the defendant failed to cease distribution within 20 days of receiving the notice.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 518, Statutes of 2021.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 2844.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2390.).
Ordered to special consent calendar.
From committee: Do pass. (Ayes 7. Noes 0.) (August 26).
Read second time. Ordered to third reading.
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 with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (June 15).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1366.)
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 11. Noes 0.) (May 4).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
From printer. May be heard in committee March 12.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB514 | HTML |
| 02/09/21 - Introduced | |
| 03/18/21 - Amended Assembly | |
| 06/17/21 - Amended Senate | |
| 09/09/21 - Enrolled | |
| 10/05/21 - Chaptered |
| Document | Format |
|---|---|
| 04/30/21- Assembly Judiciary | |
| 06/11/21- Senate Judiciary | |
| 07/01/21- Senate Appropriations | |
| 08/28/21- Sen. Floor Analyses | |
| 09/03/21- ASSEMBLY FLOOR ANALYSIS |
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