BILL NUMBER: AB 2296	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 15, 2008
	AMENDED IN ASSEMBLY  APRIL 23, 2008
	AMENDED IN ASSEMBLY  APRIL 1, 2008

INTRODUCED BY   Assembly Member Mullin
    (   Principal coauthor:   Assembly Member
  Wolk   ) 

                        FEBRUARY 21, 2008

   An act to add Section 52.6 to the Civil Code, and to add Section
6254.30 to the Government Code, 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.
   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.  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  , 
 or  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 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.   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.