BILL NUMBER: AB 2296	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2008

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 21, 2008

   An act  relating to animals   to add Section
52.6 to the Civil Code, to add Section 6254.30 to the Government
Code, and to add Sections 606, 606.1, 606.2, and 606.3 to the Penal
Code, relating to animal enterprises  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2296, as amended, Mullin.  Animals.  
Animals: Animal Enterprise Protection Act.  
   Existing law establishes various causes of action, including
actions for damages and injunctive relief, for the enforcement of
various rights.  
   This bill would provide that no person, business, or association
shall knowingly publicly post or publicly display on the Internet a
home address, home telephone number, or image of any employee of an
animal enterprise or other individuals residing at the same home
address of the employee of an animal enterprise, as specified. The
bill would authorize a victim of a violation of those prohibitions to
maintain an action for damages and for injunctive relief, as
specified.  
   Existing law, subject to exceptions, generally provides the
disclosure of public records, as specified.  
   This bill would exempt from disclosure, information relating to
animal research activities when there is a reasonable basis to
conclude that public disclosure of the records would result in
harassment of individuals involved with the research. The bill would
state findings and the intent of the Legislature in this regard.
 
   Existing law establishes various offenses in connection with
obstruction of, or interference with, among other things, places of
business.  
   This bill would provide that every person who commits any of
certain acts for the purpose of injuring, intimidating, or
interfering with the operations of an animal enterprise, as defined,
or with a person connected, as specified, to an animal enterprise, or
who damages or destroys property because of its connection to an
animal enterprise, as specified, is guilty of a misdemeanor. The bill
would provide alternate punishments depending on the elements of the
offense of up to 6 months imprisonment in a county jail and a fine
of up to $2,000, or up to one year in a county jail and a fine of up
to $25,000. Fines would be increased for subsequent offenses and
other circumstances, as specified. The bill would also authorize
actions for damages and civil penalties, and for restraining orders
in connection with violations of the prohibitions, as specified.
 
   By creating new crimes, 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.  
   Existing law generally regulates animals.  
   This bill would declare the intent of the Legislature to enact
legislation to protect individuals engaging in work with animal
subjects in California. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    This act shall be known and may be
cited as the California Animal Enterprise Protection Act. 
   SEC. 2.    Section 52.6 is added to the  
Civil Code   , to read:  
   52.6.  (a) (1) No person, business, or association shall knowingly
publicly post or publicly display on the Internet a home address,
home telephone number, or image of any employee of an animal
enterprise or other individuals residing at the same home address of
the employee of an animal enterprise, with the intent to do either of
the following:
   (A) Incite a third person to cause imminent great bodily harm to
the person identified in the posting or display, or to a coresident
of that person, where the third person is likely to commit this harm.

   (B) Threaten the person identified in the posting or display, or a
coresident of that person, in a manner that places the person
identified or the coresident in objectively reasonable fear for his
or her personal safety.
   (2) An employee of an animal enterprise whose home address, home
telephone number, or image is made public as a result of a violation
of paragraph (1) may do either or both of the following:
   (A) Bring an action seeking injunctive or declarative relief in
any court of competent jurisdiction. If a jury or court finds that a
violation has occurred, it may grant injunctive or declarative relief
and shall award the successful plaintiff court costs and reasonable
attorney's fees.
   (B) Bring an action for money damages in any court of competent
jurisdiction. In addition to any other legal rights or remedies, if a
jury or court finds that a violation has occurred, it shall award
damages to that individual in an amount up to a maximum of three
times the actual damages, but in no case less than four thousand
dollars ($4,000).
   (b) (1) No person, business, or association shall publicly post or
publicly display on the Internet a home address, home telephone
number, or image of any employee of an animal enterprise if that
individual has made a written demand of that person, business, or
association to not disclose his or her home address or home telephone
number. A demand made under this paragraph shall include a sworn
statement declaring that the person is subject to the protection of
this section and describing a reasonable fear for the safety of that
individual or of any person residing at the individual's home
address, based on a violation of subdivision (a). A written demand
made under this paragraph shall be effective for four years,
regardless of whether or not the individual's affiliation with an
animal enterprise has expired prior to the end of the four-year
period.
   (2) An employee of an animal enterprise whose home address or home
telephone number is made public as a result of a failure to honor a
demand made pursuant to paragraph (1) may bring an action seeking
injunctive or declarative relief in any court of competent
jurisdiction. If a jury or court finds that a violation has occurred,
it may grant injunctive or declarative relief and shall award the
successful plaintiff court costs and reasonable attorney's fees.
   (3) This subdivision shall not apply to a person or entity defined
in Section 1070 of the Evidence Code.
   (c) (1) No person, business, or association shall solicit, sell,
or trade on the Internet a home address, home telephone number, or
image of any employee of an animal enterprise with the intent to do
either of the following:
   (A) Incite a third person to cause imminent great bodily harm to
the person identified in the posting or display, or to a coresident
of that person, where the third person is likely to commit this harm.

   (B) Threaten the person identified in the posting or display, or a
coresident of that person, in a manner that places the person
identified or the coresident in objectively reasonable fear for his
or her personal safety.
   (2) An employee of an animal enterprise whose home address, home
telephone number, or image is solicited, sold, or traded in violation
of paragraph (1) may bring an action in any court of competent
jurisdiction. In addition to any other legal rights and remedies, if
a jury or court finds that a violation has occurred, it shall award
damages to that individual in an amount up to a maximum of three
times the actual damages, but in no case less than four thousand
dollars ($4,000).
   (d) An interactive computer service or access software provider,
as defined in Section 230(f) of Title 47 of the United States Code,
shall not be liable under this section unless the service or provider
intends to abet or cause bodily harm that is likely to occur or
threatens to cause bodily harm to an owner or employee of an animal
enterprise or any person residing at the same home address.
   (e) Nothing in this section is intended to preclude punishment
under any other provision of law.
   (f) For purposes of this section, the following terms have the
following meanings:
   (1) "Animal enterprise" means any of the following:
   (A) A commercial or academic enterprise that uses or sells animals
or animal products for profit, food or fiber production,
agriculture, education, research, or testing.
   (B) A zoo, aquarium, animal shelter, pet store, breeder, furrier,
circus, or rodeo, or other lawful competitive animal event.
   (C) Any fair or similar event intended to advance agricultural
arts and sciences.
   (2) "Image" includes, but is not limited to, any photograph, video
footage, sketch, or computer-generated image that provides a means
to visually identify the person depicted.
   (3) "Publicly post" or "publicly display" means to intentionally
communicate or otherwise make available to the general public. 
   SEC. 3.    Section 6254.30 is added to the  
Government Code   , to read:  
   6254.30.  (a) The Legislature finds and declares that this section
imposes a limitation on the public's right of access to the meetings
of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that
interest:
   (1) Access to information concerning the conduct of the people's
business is a fundamental and necessary right of every person in this
state pursuant to subdivision (b) of Section 3 of Article I of the
California Constitution and Section 6250. The public has a paramount
interest in knowing how public money is spent and invested, including
how moneys are used to fund research activities.
   (2) No researcher should be subject to the risk of threats,
assault, or physical harm in order to engage in legal research
activities.
   (3) Increasingly, individuals who conduct research using animal
subjects have become targets of harassment and threats of violence by
groups representing themselves as animal rights activists.
   (4) Threats of violence, stalking, and vandalism have extended
beyond animal researchers to also target their family members and
supporters.
   (5) The information used to target the victims of these crimes
often is obtained by making a request for public records from a
government agency.
   (6) The high incidence of violence against animal researchers has
led some to abandon their work with animal subjects out of fear for
themselves and their families.
   (b) It is the intent of the Legislature to balance the public's
right of access to information and the ability of animal researchers
to conduct their work without fear of being targets of harassment and
threats of violence. This section is not intended to reverse the
general presumption of access and openness of the California Public
Records Act and subdivision (b) of Section 3 of Article I of the
California Constitution.
   (c) It is not the intent of the Legislature to overrule or
invalidate any court orders in or stipulated resolutions of prior
litigation relating to any public entity's obligation to disclose
information about animal research activities, to narrow the
information disclosed as a result of those decisions, or to otherwise
apply this section retroactively. It is, rather, the intent of the
Legislature to establish protocols regarding the public disclosure of
records relating to animal research activities so that researchers
will be able to continue to conduct research using animal subjects
without fear of harassment and threats of violence.
   (d) Nothing in this chapter or any other provision of law shall
require the disclosure of information relating to animal research
activities when there is a reasonable basis to conclude that public
disclosure of the records would result in harassment of individuals
involved with the research. 
   SEC. 4.    Section 606 is added to the  
Penal Code   , to read:  
   606.  (a) Every person who commits any of the following acts for
the purpose of damaging or interfering with the operations of an
animal enterprise is guilty of a public offense:
   (1) By force, threat of force, or physical obstruction that is a
crime of violence, intentionally injures, intimidates, interferes
with, or attempts to injure, intimidate, or interfere with, any
person because that person has a connection to, relationship with, or
transactions with an animal enterprise.
   (2) By nonviolent physical obstruction, intentionally injures,
intimidates, or interferes with, or attempts to injure, intimidate,
or interfere with, any person because that person has a connection
to, relationship with, or transactions with an animal enterprise.
   (3) Intentionally damages or destroys the property of a person,
entity, or facility, or attempts to do so, because the person,
entity, or facility has a connection to, relationship with, or
transactions with an animal enterprise.
   (b) (1) A first violation of paragraph (1) or (3) of subdivision
(a) is a misdemeanor, punishable by imprisonment in a county jail for
a period of not more than one year and a fine not to exceed
twenty-five thousand dollars ($25,000).
   (2) A second or subsequent violation of paragraph (1) or (3) of
subdivision (a) is a misdemeanor, punishable by imprisonment in a
county jail for a period of not more than one year and a fine not to
exceed fifty thousand dollars ($50,000).
   (c) (1) A first violation of paragraph (2) of subdivision (a) is a
misdemeanor, punishable by imprisonment in a county jail for a
period of not more than six months and a fine not to exceed two
thousand dollars ($2,000).
   (2) A second or subsequent violation of paragraph (2) of
subdivision (a) is a misdemeanor, punishable by imprisonment in a
county jail for a period of not more than six months and a fine not
to exceed five thousand dollars ($5,000).
   (d) In imposing fines pursuant to this section, the court shall
consider applicable factors in aggravation and mitigation set out in
Rules 4.421 and 4.423 of the California Rules of Court, and shall
consider a prior violation of the federal Animal Enterprise Terrorism
Act (18 U.S.C. Sec. 43), or a prior violation of a statute of
another jurisdiction that would constitute a violation of subdivision
(a), if committed in this state, or of the federal Animal Enterprise
Terrorism Act, to be a prior violation of subdivision (a).
   (e) No person shall be convicted under this section for conduct in
violation of subdivision (a) that was done on a particular occasion
where the identical conduct on that occasion was the basis for a
conviction of that person under the federal Animal Enterprise
Terrorism Act (18 U.S.C. Sec. 43).
   (f) The following definitions apply for the purposes of this
section and Section 606.1:
   (1) "Animal enterprise" means any of the following:
   (A) A commercial or academic enterprise that uses or sells animals
or animal products for profit, food or fiber production,
agriculture, education, research, or testing.
   (B) A zoo, aquarium, animal shelter, pet store, breeder, furrier,
circus, or rodeo, or other lawful competitive animal event.
   (C) Any fair or similar event intended to advance agricultural
arts and sciences.
   (2) "Crime of violence" means an offense that has as an element
the use, attempted use, or threatened use of physical force against
the person or property of another.
   (3) "Interfere with" means to restrict a person's freedom of
movement.
   (4) "Intimidate" means to place a person in reasonable
apprehension of bodily harm to herself or himself or to another.
   (5) "Nonviolent" means conduct that would not constitute a crime
of violence.
   (6) "Physical obstruction" means rendering ingress to or egress
from an animal enterprise facility or animal enterprise employee's
residence impassable to another person, or rendering passage to or
from an animal enterprise facility or animal enterprise employee's
residence unreasonably difficult or hazardous to another person.

   SEC. 5.    Section 606.1 is added to the  
Penal Code   , to read:  
   606.1.  (a) A person aggrieved by a violation of Section 606 may
bring a civil action to enjoin the violation, for compensatory and
punitive damages, and for the costs of suit and reasonable fees for
attorneys and expert witnesses. With respect to compensatory damages,
the plaintiff may elect, at any time prior to the rendering of a
final judgment, to recover, in lieu of actual damages, an award of
statutory damages in the amount of one thousand dollars ($1,000) for
each exclusively nonviolent violation, and five thousand dollars
($5,000) for each other violation.
   (b) An animal enterprise may bring a civil action to enjoin a
violation of Section 606, for compensatory and punitive damages for
persons who are employees of that animal enterprise who are aggrieved
as described in subdivision (a), and for its costs of suit and
reasonable fees for attorneys and expert witnesses.
   (c) The Attorney General, a district attorney, or a city attorney
may bring a civil action to enjoin a violation of Section 606, for
compensatory damages to persons aggrieved as described in subdivision
(a) and for the assessment of a civil penalty against each
respondent. The civil penalty shall not exceed two thousand dollars
($2,000) for an exclusively nonviolent first violation, and fifteen
thousand dollars ($15,000) for any other first violation, and shall
not exceed five thousand dollars ($5,000) for an exclusively
nonviolent subsequent violation, and twenty-five thousand dollars
($25,000) for any other subsequent violation. In imposing civil
penalties pursuant to this subdivision, the court shall consider a
prior violation of the federal Animal Enterprise Terrorism Act (18
U.S.C. Sec. 43), or a prior violation of a statute of another
jurisdiction that would constitute a violation of Section 606, if
committed in this state, or of the federal Animal Enterprise
Terrorism Act, to be a prior violation of Section 606.
   (d) Actions brought pursuant to this section shall not be subject
to any motion brought pursuant to Section 425.16 of the Code of Civil
Procedure. 
   SEC. 6.    Section 606.2 is added to the  
Penal Code   , to read:  
   606.2.  (a) The court in which a criminal or civil proceeding is
filed for a violation of Section 606 shall take all action reasonably
required, including granting restraining orders, to safeguard the
health, safety, or privacy of an animal enterprise employee who is a
party or witness in the proceeding, or a person who is a victim of,
or at risk of becoming a victim of, conduct prohibited by Section
606.
   (b) Restraining orders issued pursuant to subdivision (a) may
include provisions prohibiting or restricting the photographing of
persons described in subdivision (a) when reasonably required to
safeguard the health, safety, or privacy of those persons.
   (c) A court may, in its discretion, permit an individual described
in subdivision (a) to use a pseudonym in a civil proceeding
described in subdivision (a) when reasonably required to safeguard
the health, safety, or privacy of those persons. 
   SEC. 7.    Section 606.3 is added to the  
Penal Code   , to read:  
   606.3.  Sections 606, 606.1, and 606.2 shall not be construed to
do any of the following:
   (a) To impair any constitutionally protected activity, or any
activity protected by the laws of this state or of the United States.

   (b) To negate, supersede, or otherwise interfere with the
operation of any provision of Chapter 10 (commencing with Section
1138) of Part 3 of Division 2 of the Labor Code.
   (c) To create or to limit any other civil or criminal remedies
that redress an activity that interferes with the exercise of any
other rights protected by the First Amendment to the United States
Constitution or of Article I of the California Constitution.
   (d) To preclude prosecution under both this title and any other
applicable provision of law, except as provided in subdivision (e) of
Section 606. 
   SEC. 8.    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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to protect individuals engaging in work with
animal subjects in California.