Mike McGuire
- Democratic
- Senator
- District 2
Author
Existing law makes every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined, in the discharge or attempt to discharge any duty of the office or employment, when no other punishment is prescribed, guilty of a misdemeanor. Existing law also authorizes specified peace officers to close an area where a menace to the public health or safety is created by a calamity and to close the immediate area surrounding any emergency field command post or other command post activated for the purpose of abating a calamity, riot, or other civil disturbance, as specified. Existing law makes any unauthorized person who willfully and knowingly enters those areas and who remains in the area after receiving notice to evacuate or leave guilty of a misdemeanor. Existing law exempts a duly authorized representative of any news service, newspaper, or radio or television station or network from the provisions prohibiting entry into the closed areas, as specified. This bill would, if peace officers close the immediate area surrounding any emergency field command post or any other command post, or establish a police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged primarily in constitutionally protected activity, as described, require that a duly authorized representative of any news service, online news service, newspaper, or radio or television station or network, as described, be allowed to enter those closed areas and would prohibit a peace officer or other law enforcement officer from intentionally assaulting, interfering with, or obstructing a duly authorized representative who is gathering, receiving, or processing information for communication to the public. The bill would also prohibit a duly authorized representative who is in a closed area and gathering, receiving, or processing information from being cited for the failure to disperse, a violation of a curfew, or a violation of other, specified law. The bill would require that if a representative is detained by a peace officer or other law enforcement officer, the representative be permitted to contact a supervisory officer immediately for the purpose of challenging the detention. The bill would not impose criminal liability. The bill would state the Legislature's intention to achieve parity in the access and protections in these circumstances as those established pursuant to a specified law.
Chaptered by Secretary of State. Chapter 759, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 1:30 p.m.
Read third time. Passed. (Ayes 50. Noes 18. Page 3131.) Ordered to the Senate.
Assembly amendments concurred in. (Ayes 29. Noes 5. Page 2626.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 26).
August 19 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 13). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 34. Noes 2. Page 1328.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1182.) (May 20).
Set for hearing May 20.
March 22 hearing: Placed on APPR suspense file.
Set for hearing March 22.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 0. Page 423.) (March 9). Re-referred to Com. on APPR.
Set for hearing March 9.
Read first time.
From printer. May be acted upon on or after January 22.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB98 | HTML |
| 12/22/20 - Introduced | |
| 05/20/21 - Amended Senate | |
| 06/17/21 - Amended Assembly | |
| 08/30/21 - Amended Assembly | |
| 09/03/21 - Amended Assembly | |
| 09/14/21 - Enrolled | |
| 10/09/21 - Chaptered |
| Document | Format |
|---|---|
| 03/08/21- Senate Public Safety | |
| 03/19/21- Senate Appropriations | |
| 05/20/21- Senate Appropriations | |
| 05/25/21- Sen. Floor Analyses | |
| 07/12/21- Assembly Public Safety | |
| 08/16/21- Assembly Appropriations | |
| 08/31/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/03/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/10/21- Sen. Floor Analyses |
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