Dave Cortese
- Democratic
- Senator
- District 15
Author
Existing law grants a cause of action to a depicted individual, as defined, against a person who either (1) creates and intentionally discloses sexually explicit material if the person knows or reasonably should have known the depicted individual did not consent to its creation or disclosure or (2) intentionally discloses sexually explicit material that the person did not create if the person knows the depicted individual did not consent to its creation. Existing law also specifies that a victim of human trafficking may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. Existing federal law grants a cause of action to a person who, while a minor, was a victim of a violation of specified federal crimes and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor. This bill would allow a person who is depicted in certain sexual images when the person was less than 18 years of age to bring a civil action for specified damages and relief against a person or entity that distributes that material, as specified. The bill would require, in addition to any other damages awarded to a prevailing plaintiff, statutory damages of $200,000 to be paid by the defendant for failing to cease distribution of the material within 2 business days after notice of claimed infringement of these provisions was received by the defendant. The bill would require the operator of an online service or internet website that is available in California to list an agent for notification of claimed violation of these provisions, as specified. The bill would also require the operator to create a method to contact that agent for the purpose of reporting the erroneous removal of content, as specified. The bill would further require the operator to destroy material subject to these provisions if the operator has confirmed that any investigation related to that material has been completed. The bill would state that its provisions are severable.
August 15 hearing: Held in committee and under submission.
September 1 hearing postponed by committee.
August 16 set for first hearing. Placed on suspense file.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 20).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 1219.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 0. Page 1178.) (May 18).
Set for hearing May 18.
May 8 hearing: Placed on APPR suspense file.
Set for hearing May 8.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 895.) (April 25).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 25.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 19.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB646 | HTML |
| 02/16/23 - Introduced | |
| 03/21/23 - Amended Senate | |
| 04/12/23 - Amended Senate | |
| 04/27/23 - Amended Senate | |
| 06/21/23 - Amended Assembly |
| Document | Format |
|---|---|
| 04/21/23- Senate Judiciary | |
| 05/05/23- Senate Appropriations | |
| 05/20/23- Sen. Floor Analyses | |
| 06/20/23- Assembly Judiciary | |
| 08/14/23- Assembly Appropriations |
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