BILL NUMBER: AB 2296	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2008
	AMENDED IN ASSEMBLY  APRIL 1, 2008

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 21, 2008

   An act to add Section 52.6 to the Civil Code,   and  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.   relating to animals. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2296, as amended, Mullin. 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  , as defined,  or other individuals
residing at the same home address of the employee of an animal
enterprise, with the intent to incite great bodily harm or
threaten the person, 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.  The bill would
state the intent of the Legislature to balance the public's right of
access to information with the ability of animal researchers to
conduct their work without fear of harassment and threats of
violence.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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.
  an entity that lawfully uses animals or animal
products for education or research in any exercise of a
constitutional right that relates to academic freedom. 
   (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) 
    6254.30.  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. All matter omitted in
this version of the bill appears in the bill as amended in the
Assembly, April 1, 2008 (JR11)