BILL NUMBER: AB 2296 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2008
AMENDED IN SENATE JUNE 17, 2008
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,
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, or publicly post or display on the Internet a home
address or telephone number of any employee of an animal enterprise
if that employee has made a written demand not to disclose that
information, 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 make
findings of the Legislature and state its intent in this
regard regarding protests on animal use in research
stating, among other things, that the use of physical threats,
violence, and the destruction of property is un acceptable
.
This bill would provide that it shall not apply to any person
engaged in labor union activities that are protected under state or
federal law.
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. The Legislature hereby finds and declares that while
individuals are entitled to express their views on animal use in
research and to mount protests that are protected under the First
Amendment to the United States Constitution, the use of physical
threats, violence, or destruction of property is unacceptable and
should not be tolerated. Increasingly, individuals who
conduct this research have become targets of harassment, stalking,
vandalism, and threats of violence by individuals and groups, and
these acts have on occasion extended beyond the researchers to target
their family members and supporters, sometimes at their family
residences. Threats and violence against researchers have led some to
abandon their scholarly work out of fear for themselves and their
families. Discussion, debate, and dissent are hallmarks of a healthy
academic and research community, as well as a healthy democracy.
However, unlawful acts that threaten and intimidate researchers are a
direct threat to academic freedom. It is therefore the intent of the
Legislature to balance the public's right to free expression and
assembly against the rights of researchers to engage in lawful
activities and the enjoyment of academic freedom without undue fear
of violence.
SEC. 3. 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 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.
(g) This section shall not apply to any person who is engaged in
labor union activities that are protected under state or federal law.