BILL NUMBER: AB 2798 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2004
INTRODUCED BY Assembly Member Leslie
FEBRUARY 20, 2004
An act to amend Section 120140 of the Health and Safety
Code, relating to health. An act to add Division 10
(commencing with Section 25800) to the Business and Professions Code,
relating to adult entertainment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2798, as amended, Leslie. Communicable disease
Adult entertainment: adult film production companies:
sexually transmitted disease prevention .
Under existing law, any person who is afflicted with any
contagious, infectious, or communicable disease who willfully exposes
himself or herself to another person, and any person who willfully
exposes another person afflicted with the disease to someone else, is
guilty of a misdemeanor. Existing law also provides that any person
who exposes any person to or infects any person with any venereal
disease, or any person infected with a venereal disease in an
infectious state who knows of the condition and who marries or has
sexual intercourse, is guilty of a misdemeanor.
This bill would require an adult film production company, prior to
the beginning of any production, to require each performer to be
tested to determine whether the performer has any sexually
transmitted disease. The bill would require that the company pay for
the tests and that the tests be performed by health care providers
who do not have any other financial relationship, or any personal
relationship, with the company or any performers. The bill would
provide that the tests results are confidential.
This bill would prohibit an adult film production company that has
been notified by a performer, or that receives test results
indicating, that the performer has, or has had, any STD from allowing
the performer to perform in any production, unless the performer
submits documentation from a physician that certifies that the
performer is free from any STD.
The bill would prohibit a performer or adult film production
company from falsifying STD tests obtained for purposes of the bill.
This bill would provide that a violation of these prohibitions and
requirements by an adult film production company or performer is
subject to civil action.
Existing law authorizes the department, upon being informed by a
health officer of any contagious, infectious, or communicable
disease, to take measures as are necessary to ascertain the nature of
the disease and prevent its spread.
This bill would make technical, nonsubstantive changes to this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 120140 of the Health and Safety Code
SECTION 1. Division 10 (commencing with Section 25800) is added to
the Business and Professions Code, to read:
DIVISION 10. ADULT ENTERTAINMENT--COMMUNICABLE DISEASE
PREVENTION
25800. (a) It is the intent of Legislature in enacting this
division to obstruct the spread of sexually transmitted diseases in
the general population by taking steps to ensure the health and
safety of those whose job it is to perform sexual acts with other
individuals for the purpose of providing public entertainment through
visual media.
(b) It is the intent of the Legislature that a person who is in
violation of this division may be subject to penalties pursuant to
this division in addition to any other penalties that may apply for a
violation of existing laws related to sexual conduct.
25805. For purposes of this division, the following definitions
apply:
(a) "Adult film production company" means any film production
company that is in the business of producing films for commercial
purposes available to an individual or group of individuals depicting
the performance or simulated performance of explicitly sexual acts
appropriate only for an adult viewing audience.
(b) "Laboratory" means a laboratory licensed by the State
Department of Health Services, or approved by the State Department of
Health Services to perform tests for purposes of this division.
(c) "Performer" means any adult who is paid by an adult film
production company to perform or simulate the performance of sexual
acts.
(d) "Sexually transmitted disease" or "STD" includes, but is not
limited to, all of the following:
(1) Chancroid.
(2) Chlamydia.
(3) Gonorrhea.
(4) Hepatitis A virus.
(5) Hepatitis B virus.
(6) Hepatitis C virus.
(7) Herpes simplex virus (HSV), also known as genital herpes.
(8) Human immunodeficiency virus (HIV).
(9) Human papilloma virus (HPV), also known as genital warts.
(10) Syphilis.
25810. (a) (1) Prior to the beginning of any production, an adult
film production company shall require each performer to be tested to
determine whether the performer has any STD. The adult film
production company shall obtain the consent of the performer for the
company to receive the test results.
(2) The tests shall be current, having been taken within two weeks
of filming any scene in which the subject is not alone.
(b) The tests for STD shall be paid for by the adult film
production company and performed by health care providers who do not
have any other financial relationship, or any personal relationship,
with the company or any performers.
(c) (1) The tests for STD shall be standard tests capable of
detecting all of the sexually transmitted diseases listed in
subdivision (e) of Section 25805.
(2) If available, the test for any STD that is utilized for
purposes of this division shall detect infection at a two-week
incubation period or less. For purposes of this paragraph,
"incubation period" means the time between when a person is infected
and when the test can be expected to identify the infection.
(d) The tests shall be submitted to a laboratory, as defined in
subdivision (b) of Section 25805. The results of the tests shall be
confidential.
(e) An adult film production company that fails to comply with
subdivision (a) shall be liable in a civil action for any damages to
any performer who is infected with an STD by reason of that failure.
25815. (a) An adult film production company that has been
notified by a performer, or that receives test results pursuant to
Section 25810 indicating, that the performer has, or has had, any
STD, shall not allow the performer to perform in any production,
unless the performer submits documentation from a physician that
certifies that the performer is free from any STD.
(b) The physician that certifies that a performer is free from any
STD may not have any other financial relationship, or any personal
relationship, with the adult entertainment business for whom the
performer works or any performers in the production in which the
performer works.
(c) An adult film production company that fails to comply with
subdivision (a) shall be liable in a civil action for any damages to
any performer who is infected with an STD by reason of that failure.
25820. (a) A performer or adult film production company shall not
falsify an STD test obtained for purposes of this division.
(b) (1) Any performer who is infected with an STD by reason of a
violation of subdivision (a) by a performer may file a civil action
against both the performer and the adult film production company.
(2) An adult film production company may seek recovery from the
performer who violated subdivision (a) for the costs of damages paid
as a result of a judgment pursuant to this subdivision.
(c) Any performer who is infected with an STD by reason of a
violation of subdivision (a) by an adult film production company may
file a civil action against the adult film production company.
25825. The provisions of this division are severable. If any
provision of this division or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
is amended to read:
120140. Upon being informed by a health officer of the presence
of any contagious, infectious, or communicable disease, the
department may take measures as are necessary to ascertain the nature
of the disease and prevent its spread. To that end, the department
may, if it considers it proper, take possession or control of the
body of any living person, or the corpse of any deceased person.
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