BILL NUMBER: AB 64	CHAPTERED  02/22/06

	CHAPTER  9
	FILED WITH SECRETARY OF STATE  FEBRUARY 22, 2006
	APPROVED BY GOVERNOR  FEBRUARY 22, 2006
	PASSED THE ASSEMBLY  FEBRUARY 14, 2006
	PASSED THE SENATE  FEBRUARY 6, 2006
	AMENDED IN SENATE  JULY 5, 2005

INTRODUCED BY   Assembly Member Cohn
   (Coauthor: Senator Murray)

                        DECEMBER 21, 2004

   An act to amend Section 653w of the Penal Code, relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 64, Cohn  Recording crimes.
   Existing law provides that a person is guilty of failure to
disclose the origin of a recording or audiovisual work if, for
commercial advantage or private financial gain, he or she advertises,
sells, rents, manufactures, or possesses for those purposes, a
recording or audiovisual work that does not disclose the name of the
manufacturer, author, artist, performer, or producer, as specified.
Failure to disclose the origin of a recording or audiovisual work is
punishable by imprisonment in a county jail, imprisonment in the
state prison, and fine, or by both imprisonment and fine, as
specified, depending on the number of articles of audio recordings or
audiovisual works involved, and whether the offense is a first
offense, or 2nd subsequent offense.
   This bill would reduce the required number of audio recordings
involved necessary to prosecute this offense as a felony. Because
this bill would increase the prosecutorial duties of local agencies,
this bill would impose a state-mandated local program.
   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 653w of the Penal Code is amended to read:
   653w.  (a) A person is guilty of failure to disclose the origin of
a recording or audiovisual work if, for commercial advantage or
private financial gain, he or she knowingly advertises or offers for
sale or resale, or sells or resells, or causes the rental, sale or
resale, or rents, or manufactures, or possesses for these purposes,
any recording or audiovisual work, the cover, box, jacket, or label
of which does not clearly and conspicuously disclose the actual true
name and address of the manufacturer thereof and the name of the
actual author, artist, performer, producer, programmer, or group
thereon. This section does not require the original manufacturer or
authorized licensees of software producers to disclose the
contributing authors or programmers.
   As used in this section, "recording" means any tangible medium
upon which information or sounds are recorded or otherwise stored,
including any phonograph record, disc, tape, audio cassette, wire,
film, or other medium on which information or sounds are recorded or
otherwise stored, but does not include sounds accompanying a motion
picture or other audiovisual work.
   As used in this section, "audiovisual works" are the physical
embodiment of works that consist of related images that are
intrinsically intended to be shown using machines or devices such as
projectors, viewers, or electronic equipment, together with
accompanying sounds, if any, regardless of the nature of the material
objects such as films or tapes on which the works are embodied.
   (b) Any person who has been convicted of a violation of
subdivision (a) shall be punished as follows:
   (1) If the offense involves the advertisement, offer for sale or
resale, sale, rental, manufacture, or possession for these purposes,
of at least 100 articles of audio recordings or 100 articles of
audiovisual works described in subdivision (a), the person shall be
punished by imprisonment in a county jail not to exceed one year, or
by imprisonment in the state prison for two, three, or five years, or
by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both.
   (2) Any other violation of subdivision (a) not described in
paragraph (1), shall, upon a first offense, be punished by
imprisonment in a county jail not to exceed one year, or by a fine
not to exceed twenty-five thousand dollars ($25,000), or by both.
   (3) A second or subsequent conviction under subdivision (a) not
described in paragraph (1), shall be punished by imprisonment in a
county jail not to exceed one year or in the state prison, or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.
  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.