Chris Ward
- Democratic
- Assemblymember
- District 78
Author
Existing law makes it a crime for a person who, with the intent to place another person in reasonable fear for that other person's safety, or the safety of the other person's immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted contact, injury, or harassment by a third party, distributes personal identifying information that would be likely to incite or produce that unlawful action. Existing law makes this a misdemeanor punishable by up to one year in a county jail or by a fine of not more than $1,000. This bill would create a private cause of action against a person who doxes, as defined, another person. The bill would entitle a prevailing plaintiff who suffers harm as a result of being doxed to specified damages, and would authorize the court to order equitable relief, as specified, and injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym instead of their true name. The bill would authorize a plaintiff to proceed using a pseudonym and would require the plaintiff to file a confidential information form, as prescribed. The bill would require the court to keep the plaintiff's name and excluded or redacted characteristics confidential, as specified, and, upon request of the plaintiff, limit access to court records filed under these provisions to specified individuals. The bill would require the Judicial Council, on or before January 1, 2026, to adopt or revise as appropriate rules and forms to implement specified provisions. 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. This bill would additionally exempt from the undertaking requirement an applicant seeking an injunction ordering the defendant to cease doxing activities. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Chaptered by Secretary of State - Chapter 557, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
In Assembly. Ordered to Engrossing and Enrolling.
Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 5.).
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 4. Noes 2.) (August 15).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 18). Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 1. Page 5560.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 11. Noes 1.) (May 16).
Assembly Rule 63 suspended.
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (April 2).
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 1.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1979 | HTML |
| 01/30/24 - Introduced | |
| 03/18/24 - Amended Assembly | |
| 04/03/24 - Amended Assembly | |
| 05/16/24 - Amended Assembly | |
| 08/28/24 - Enrolled | |
| 09/25/24 - Chaptered |
| Document | Format |
|---|---|
| 04/02/24- Assembly Judiciary | |
| 04/15/24- Assembly Appropriations | |
| 05/20/24- ASSEMBLY FLOOR ANALYSIS | |
| 06/14/24- Senate Judiciary | PDF PDF |
| 06/28/24- Senate Appropriations | |
| 08/18/24- Sen. Floor Analyses |
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