Angelique Ashby
- Democratic
- Senator
- District 8
Author
(1) Existing law prohibits the false impersonation of another person in either their personal or official capacity with the intent to steal or defraud, as specified. This bill would define various terms related to artificial intelligence and digital replication, and would clarify that false impersonation includes the use of a digital replica with the intent to impersonate another for purposes of these and other criminal provisions. (2) Existing law creates a civil cause of action against any person who knowingly uses the name, voice, signature, photograph, or likeness of another person, without their consent, for specified purposes. When a photograph or likeness of an employee of the person using the photograph or likeness appearing in an advertisement or other publication is incidental and not essential to the purpose of the publication, existing law establishes a rebuttable presumption affecting the burden of producing evidence that failure to obtain the consent of an employee was not a knowing use of an employee's photograph or likeness. This bill would clarify that, for purposes of this cause of action, a voice or likeness includes a digital replica, as defined. The bill would also remove the provisions establishing the rebuttable presumption when an employee's likeness or photograph appears in an advertisement or other publication. (3) Existing law governs the admissibility of evidence in court proceedings. Existing law prescribes procedures for the authentication of photographs and audio and video recordings. This bill would require the Judicial Council, by no later than January 1, 2027, to review the impact of artificial intelligence on the admissibility of proffered evidence in court proceedings and develop any necessary rules of court to assist courts in assessing claims that proffered evidence has been generated by or manipulated by artificial intelligence and determining whether such evidence is admissible. (4) Existing law, the Unfair Competition Law, establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising, and establishes remedies and penalties in that regard, including civil penalties. This bill would require, by December 1, 2026, and except as provided, any person or entity that makes available to consumers any artificial intelligence technology that enables a user to create a digital replica, as defined, to provide a consumer warning that unlawful use of the technology to depict another person without prior consent may result in civil or criminal liability for the user. The bill would require the warning to be hyperlinked on any page or screen where the consumer may input a prompt to the technology and included in the terms and conditions for use of the technology. The bill would also impose a civil penalty for violations of the requirement. This bill would incorporate additional changes to Section 3344 of the Civil Code proposed by SB 683 to be operative only if this bill and SB 683 are enacted and this bill is enacted last.
In Senate. Consideration of Governor's veto pending.
Vetoed by the Governor.
Enrolled and presented to the Governor at 2 p.m.
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 3035.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 79. Noes 0. Page 3409.) Ordered to the Senate.
Read second time. Ordered to third reading.
Ordered to third reading.
Read third time and amended.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).
August 20 set for first hearing. Placed on APPR. suspense file.
Assembly Rule 63 suspended. (Ayes 49. Noes 15. Page 2578.)
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 15. Noes 0.) (July 16).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.
July 8 hearing postponed by committee.
From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 9. Noes 0.) (July 1). Re-referred to Com. on P. & C.P.
Read second time and amended. Re-referred to Com. on PUB. S.
From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 11. Noes 0.) (June 17).
Referred to Coms. on JUD., PUB. S., and P. & C.P.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 1406.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1187.) (May 23).
Read second time and amended. Ordered to second reading.
Set for hearing May 23.
May 5 hearing: Placed on APPR. suspense file.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Set for hearing May 5.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 840.) (April 22). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Set for hearing April 22.
From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 12. Noes 0. Page 609.) (April 1). Re-referred to Com. on PUB. S.
Set for hearing April 1.
From printer. May be acted upon on or after January 2.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB11 | HTML |
| 12/02/24 - Introduced | |
| 04/10/25 - Amended Senate | |
| 04/29/25 - Amended Senate | |
| 05/23/25 - Amended Senate | |
| 06/18/25 - Amended Assembly | |
| 07/10/25 - Amended Assembly | |
| 07/17/25 - Amended Assembly | |
| 09/02/25 - Amended Assembly | |
| 09/03/25 - Amended Assembly | |
| 09/17/25 - Enrolled |
| Document | Format |
|---|---|
| 03/28/25- Senate Judiciary | |
| 04/18/25- Senate Public Safety | |
| 05/02/25- Senate Appropriations | |
| 05/23/25- Senate Appropriations | |
| 05/27/25- Sen. Floor Analyses | |
| 06/13/25- Assembly Judiciary | |
| 06/30/25- Assembly Public Safety | |
| 07/14/25- Assembly Privacy and Consumer Protection | |
| 08/18/25- Assembly Appropriations | |
| 09/03/25- ASSEMBLY FLOOR ANALYSIS | PDF PDF PDF |
| 09/12/25- Sen. Floor Analyses | |
| 10/15/25- Sen. Floor Analyses |
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