BILL NUMBER: SB 830	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  MARCH 8, 2010
	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2009
	AMENDED IN ASSEMBLY  JULY 24, 2009

INTRODUCED BY   Senator Wright
    (   Coauthors:   Assembly Members 
 Hagman   and Portantino   ) 

                        MARCH 19, 2009

   An act to amend Section 653w of the Penal Code, relating to
intellectual property.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 830, as amended, Wright. Recording crimes.
   Existing law provides that a person is guilty of failure to
disclose the origin of a recording or audiovisual work if, for
commercial advantage or private financial gain, he or she advertises,
sells, rents, manufactures, or possesses for those purposes, a
recording or audiovisual work that does not disclose the name of the
manufacturer, author, artist, performer, or producer, as specified.
Failure to disclose the origin of a recording or audiovisual work is
punishable by imprisonment in a county jail, imprisonment in the
state prison, or a fine, or by both imprisonment and fine, as
specified, depending on the number of articles of audio recordings or
audiovisual works involved, and whether the offense is a first
offense, or 2nd subsequent offense. Existing law defines "recording"
for the purpose of these provisions to mean any tangible medium upon
which information or sounds are recorded or otherwise stored,
including any phonograph record, disc, tape, audio cassette, wire,
film, or other medium on which information or sounds are recorded or
stored, but does not include sounds accompanying a motion picture or
other visual work.  Existing law defines "audiovisual works" as
the physical embodiment of works that consist of related images that
are intrinsically intended to be shown using machines or devices such
as projectors, viewers, or electronic equipment, together with
accompanying sounds, if any, regardless of the nature of the material
objects such as films or tapes on which the works are embodied.

   This bill would expand the definition of "recording" for the
purposes of the above provisions to expressly include, but not be
limited to, a memory card, flash drive,  hard-drive 
 hard drive , or data storage device.  This bill would,
for purposes of the definition of "audiovisual works," add discs,
memory cards, flash drives, hard drives, or data storage device, or
other devices to films and tapes as examples of material objects on
which the works my be embodied.  By expanding the scope of an
existing crime, this bill would mandate 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.
State-mandated local program: yes.


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

  SECTION 1.  Section 653w of the Penal Code is amended to read:
   653w.  (a) A person is guilty of failure to disclose the origin of
a recording or audiovisual work if, for commercial advantage or
private financial gain, he or she knowingly advertises or offers for
sale or resale, or sells or resells, or causes the rental, sale or
resale, or rents, or manufactures, or possesses for these purposes,
any recording or audiovisual work, the  outside  cover, box,
jacket, or label of which does not clearly and conspicuously
disclose the actual true name and address of the manufacturer thereof
and the name of the actual author, artist, performer, producer,
programmer, or group thereon. This section does not require the
original manufacturer or authorized licensees of software producers
to disclose the contributing authors or programmers.
   As used in this section, "recording" means any tangible medium
upon which information or sounds are recorded or otherwise stored,
including, but not limited to, any phonograph record, disc, tape,
audio cassette, wire, film, memory card, flash drive, 
hard-drive   hard drive  , data storage device, or
other medium on which information or sounds are recorded or otherwise
stored, but does not include sounds accompanying a motion picture or
other audiovisual work.
   As used in this section, "audiovisual works" are the physical
embodiment of works that consist of related images that are
intrinsically intended to be shown using machines or devices  ,
 such as projectors, viewers, or electronic equipment, together
with accompanying sounds, if any, regardless of the nature of the
material objects  ,  such as  films or tapes
  films, tapes, discs, memory cards, flash drives, hard
drives, data storage device, or other devices,  on which the
works are embodied.
   (b) Any person who has been convicted of a violation of
subdivision (a) shall be punished as follows:
   (1) If the offense involves the advertisement, offer for sale or
resale, sale, rental, manufacture, or possession for these purposes,
of at least 100 articles of audio recordings or 100 articles of
audiovisual works described in subdivision (a), the person shall be
punished by imprisonment in a county jail not to exceed one year, or
by imprisonment in the state prison for two, three, or five years, or
by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both.
   (2) Any other violation of subdivision (a) not described in
paragraph (1), shall, upon a first offense, be punished by
imprisonment in a county jail not to exceed one year, or by a fine
not to exceed twenty-five thousand dollars ($25,000), or by both.
   (3) A second or subsequent conviction under subdivision (a) not
described in paragraph (1), shall be punished by imprisonment in a
county jail not to exceed one year or in the state prison, or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.
  SEC. 2.  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.