BILL NUMBER: AB 2296	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2008
	AMENDED IN SENATE  AUGUST 19, 2008
	AMENDED IN SENATE  AUGUST 11, 2008
	AMENDED IN SENATE  AUGUST 4, 2008
	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)
   (Principal coauthor: Senator Simitian)

                        FEBRUARY 21, 2008

   An act to add Sections 422.4 and 602.12 to the Penal Code,
relating to crimes, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2296, as amended, Mullin. Academic research.
   Existing law makes it unlawful for any person to willfully engage
in threats to commit a crime resulting in death or great bodily
injury to another person, as specified.
   This bill would make it a misdemeanor, punishable as specified,
for any person to publish information, as defined, describing or
depicting an academic researcher or his or her immediate family
member, or the location or locations where an academic researcher or
his or her immediate family member may be found, with the intent that
another person imminently use the information to commit a crime
involving violence or a threat of violence against the academic
researcher or his or her immediate family member, and the information
is likely to produce the imminent commission of such a crime.
   Existing law makes it unlawful for persons to engage in certain
acts of trespass and punishes most trespasses by a fine not exceeding
$1,000, imprisonment in a county jail for a period not exceeding 6
months, or by both that fine and imprisonment.
   This bill would make a person who enters the residential real
property of an academic researcher, as defined, for the purpose of
chilling, preventing the exercise of, or interfering with the
researcher's academic freedom guilty of the crime of trespass, a
misdemeanor. By creating new crimes, the 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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 Researcher Protection Act of 2008. 
   SECTION 1.   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. Unlawful
acts that threaten and intimidate researchers or their families at
their personal residences are not protected by the First Amendment to
the United States Constitution, and are a direct threat to the
academic researcher's constitutional right to academic freedom.
   SEC. 2.   SEC. 3.   Section 422.4 is
added to the Penal Code, to read:
   422.4.  (a) Any person who publishes information describing or
depicting an academic researcher or his or her immediate family
member, or the location or locations where an academic researcher or
an immediate family member of an academic researcher may be found,
with the intent that another person imminently use the information to
commit a crime involving violence or a threat of violence against an
academic researcher or his or her immediate family member, and the
information is likely to produce the imminent commission of such a
crime, is guilty of a misdemeanor, punishable by imprisonment in a
county jail for not more than one year, a fine of not more than one
thousand dollars ($1,000), or by both a fine and imprisonment.
   (b) For the purposes of this section, all of the following apply:
   (1) "Publishes" means making the information available to another
person through any medium, including, but not limited to, the
Internet, the World Wide Web, or e-mail.
   (2) "Academic researcher" has the same meaning as in Section
602.12.
   (3) "Immediate family" means any spouse, whether by marriage or
not, domestic partner, parent, child, any person related by
consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
   (4)  "Information" includes, but is not limited to, an image,
film, filmstrip, photograph, negative, slide, photocopy, videotape,
video laser disc, or any other computer-generated image.
   (c) Any academic researcher about whom information is published in
violation of subdivision (a) may seek a preliminary injunction
enjoining any further publication of that information.  This
subdivision shall not apply to a person or entity protected pursuant
to Section 1070 of the Evidence Code. 
   (d) This section shall not apply to any person who is lawfully
engaged in labor union activities that are protected under state or
federal law.
   (e) This section shall not preclude prosecution under any other
provision of law.
  SEC. 3.   SEC. 4.   Section 602.12 is
added to the Penal Code, to read:
   602.12.  (a) Any person who enters the residential real property
of an academic researcher for the purpose of chilling, preventing the
exercise of, or interfering with the researcher's academic freedom
is guilty of trespass, a misdemeanor.
   (b) For the purposes of this section, the following definitions
apply:
   (1) "Academic researcher" means any person lawfully engaged in
academic research who is a student, trainee, employee, or affiliated
physician of an accredited California community college, a campus of
the California State University or the University of California, or a
Western Association of Schools and Colleges accredited, degree
granting, nonprofit institution.  Academic research does not
include routine, nonlaboratory coursework or assignments. 
   (2) "Academic freedom" means the lawful performance,
dissemination, or publication of academic research or instruction.
   (c) This section shall not apply to any person who is lawfully
engaged in labor union activities that are protected under state or
federal law.
   (d) This section shall not preclude prosecution under any other
provision of law.
   SEC. 5.    The provisions of this act are severable.
If any provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that
can be given effect without the invalid provision or application.

   SEC. 4.   SEC. 6.   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.
   SEC. 5.   SEC. 7.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to provide protection against escalating acts of violence
against researchers as soon as possible, it is necessary that this
act take effect immediately.