BILL NUMBER: SB 1032	CHAPTERED  10/03/03

	CHAPTER  670
	FILED WITH SECRETARY OF STATE  OCTOBER 3, 2003
	APPROVED BY GOVERNOR  OCTOBER 2, 2003
	PASSED THE SENATE  SEPTEMBER 2, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	AMENDED IN ASSEMBLY  AUGUST 18, 2003
	AMENDED IN SENATE  APRIL 30, 2003
	AMENDED IN SENATE  APRIL 21, 2003

INTRODUCED BY   Senator Murray
   (Coauthors:  Assembly Members Goldberg, Koretz, and Leno)

                        FEBRUARY 21, 2003

   An act to add Section 653z to the Penal Code, relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1032, Murray.  Motion picture theaters:  unauthorized
recordings.
   (1) Existing law provides that a person admitted to a theater in
which a motion picture is to be or is being exhibited who refuses to
cease the operation of a video recording device upon the request of
the theater owner is guilty of intentionally interfering with and
obstructing the operation of a lawful business, a misdemeanor.
   This bill would provide, in addition, that every person who
operates a recording device in a motion picture theater while a
motion picture is being exhibited, for the purpose of recording a
theatrical motion picture and without the express written authority
of the owner of the motion picture theater, is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year, by a fine not exceeding $2,500, or by both that
fine and imprisonment.  By creating a new crime, this bill would
impose a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 653z is added to the Penal Code, to read:
   653z.  (a) Every person who operates a recording device in a
motion picture theater while a motion picture is being exhibited, for
the purpose of recording a theatrical motion picture and without the
express written authority of the owner of the motion picture
theater, is guilty of a public offense and shall be punished by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding two thousand five hundred dollars ($2,500), or by both that
fine and imprisonment.
   (b) For the purposes of this section, the following terms have the
following meanings:
   (1) "Recording device" means a photographic, digital or video
camera, or other audio or video recording device capable of recording
the sounds and images of a motion picture or any portion of a motion
picture.
   (2) "Motion picture theater" means a theater or other premises in
which a motion picture is exhibited.
   (c) Nothing in this section shall preclude prosecution under any
other provision of law.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.